Should Tenants Pay for Repairs: Your Rights Explained

Your Landlord's Legal Duty to Carry Out Repairs

The starting point in both England and Wales is the landlord's legal duty. Social landlords do not just collect rent and decide case by case whether to repair things. The law places clear obligations on them.

Under section 11 of the Landlord and Tenant Act 1985, landlords in England and Wales must keep the structure and exterior of a home in repair, and keep in repair and proper working order the installations for water, gas, electricity, sanitation, space heating, and hot water. See The Landlord and Tenant Act 1985 and the text of section 11.

Why a tenancy agreement cannot simply pass this over

Some tenants worry because their tenancy agreement says they must keep the property in good order. That wording matters, but it does not usually cancel the landlord's main legal duty. Section 11 works by implying a repairing obligation into most residential tenancies. The duty exists even if the agreement does not spell it all out line by line.

Repair is one issue. Fitness is another

The Homes (Fitness for Human Habitation) Act 2018 is often discussed alongside section 11 because it looks beyond whether something is technically in repair and asks whether the home is fit to live in. That matters where the problem affects health or safety, such as serious damp, mould, cold, leaks, or hazards that make normal occupation unsafe.

Notice is the trigger

A landlord usually is not expected to fix a hidden defect it does not know about. In practical terms, the clock usually starts when the tenant gives notice of the problem and the landlord has a reasonable chance to respond. Reporting matters because notice often becomes the central fact in any complaint or claim.

When Tenants May Need to Contribute to Repair Costs

Tenants often hear that the landlord repairs the property and assume that means every repair is free. Landlords sometimes focus on tenant responsibilities and make the position sound broader than it is. The more accurate answer sits in the middle.

In England, official guidance says council tenants generally should not pay for structural or service repairs caused by ordinary wear and tear, because the council is responsible for the structure and exterior of the home. The same guidance says tenants are expected to pay for damage they or their visitors cause, and to handle limited day-to-day items, as set out in the government guide on council housing repairs and maintenance. It is about cause and legal duty, not who called the repairs line first.

Three situations where a tenant may contribute

• Tenant-caused damage: if a window is broken during an argument, a door is damaged, or a visitor causes obvious damage, the landlord may recharge the cost.
• Careless or negligent damage: if water damage follows because an appliance was neglected or misused, the landlord may say the resulting repair bill should sit with the tenant.
• Small day-to-day items: some basic internal upkeep can fall to the tenant, depending on the tenancy terms and the nature of the issue.

A roof that starts leaking because of age, wear, or poor maintenance is usually a landlord repair. A broken window caused by the tenant or a visitor is usually not. A faulty electrical installation is usually a landlord issue. A cracked internal fitting caused by rough handling may not be.

Emergency works can still lead to a recharge

Some councils may carry out urgent make-safe work first and deal with liability later. That can matter where a damaged door or broken window leaves the property insecure. Even where the repair is done quickly, the tenant may later receive a bill if the landlord believes the damage was deliberate, careless, or negligent. That does not always mean the recharge is correct. Tenants should check the facts carefully and dispute anything that seems unfair.

How to Report Disrepair and Build Your Evidence

Once a repair problem appears, the most useful thing a tenant can do is create a clear record. Many disputes become harder than they need to be because the issue was reported informally, no dates were kept, and later nobody agrees on what was said.

A tenant usually needs to tell the landlord about the problem before a disrepair claim can move forward, because a landlord is not usually liable until it has been put on notice and had a reasonable time to carry out the repair. Written reporting is strongly recommended because it creates evidence of notice, but verbal reporting can still count if it clearly alerts the landlord, as explained in Shelter's guidance on notifying landlords about disrepair.

1. Report the problem clearly: email is often easiest because it creates a date-stamped record. If the report is made by phone, follow up in writing the same day.
2. Take dated photographs: photos should show the defect itself and the wider context. For example, mould close-up and the whole bedroom wall.
3. Keep a contact log: record dates, names, appointment times, reference numbers, and what the landlord or contractor said.
4. Note the effect on daily life: cold rooms, lost hot water, sleeping in another room, damaged belongings, or health impact can all matter.
5. Follow up if nothing happens: a short, calm chaser email is often better than repeated calls with no paper trail.

What changes under Awaab's Law

In England, Phase 1 of Awaab's Law starts on 27 October 2025 and applies to emergency hazards plus significant damp and mould hazards.

Those dates will not apply to every repair problem, but they show how seriously damp, mould, and emergency hazards are now being treated in England.

Escalation Routes When Your Landlord Will Not Act

Once a tenant has reported the disrepair and given the landlord an opportunity to respond, the next question is practical: what route is most likely to move things forward?

In Wales, council and housing association landlords are legally responsible for repairs to the structure and outside of the home, the heating system, and bathroom fittings. The landlord must be given a reasonable opportunity to carry out the repair before a complaint is brought, as set out by the Public Services Ombudsman for Wales on housing repairs. See also Housing Disrepair in Wales.

Route one: the landlord's own complaints process

This is usually the first formal step after ordinary repair reporting has not worked. It is free. It also gives the landlord a final chance to review the history, inspect again, and set out a formal position. A good complaint should attach the report history, photos, missed appointments, and the impact on the household.

Route two: the Ombudsman

If the landlord's complaint response is poor or the problem still is not put right, the Ombudsman may be the next route. It is independent and free. It can look at service failure, delay, poor communication, and complaint handling.

Route three: a solicitor or regulated claims route

Serious disrepair may justify legal advice, especially where there is ongoing damp, mould, leaks, unsafe electrics, heating failure, or harm to daily living conditions. A tenant may approach a solicitor directly, check whether Legal Aid is available, or speak to a regulated claims management company. Some solicitors handle these cases on a no-win, no-fee basis, provided the tenant co-operates fully with the solicitor and acts with integrity throughout.

Real Scenarios Showing How Repair Responsibility Works

Legal rules become clearer when they are applied to ordinary situations. The same home can contain one issue the landlord must repair, another issue the tenant may be charged for, and a third issue that depends on what evidence exists.

Scenario one: damp and mould

A housing association tenant reports black mould around a bedroom window and on an outside wall. The extractor fan in the nearby bathroom has not worked for months, and water is also coming through cracked external pointing. This kind of case will often point toward landlord responsibility, because the likely cause is a mix of faulty installation and structural issues rather than simple day-to-day living. From 27 October 2025, Awaab's Law in England introduces specific timescales for emergency hazards and significant damp and mould hazards. If the landlord has clear notice and still delays, that delay can matter when the case is reviewed.

Scenario two: no heating in winter

A council tenant reports that the boiler has failed. The property has no heating and no hot water. The tenant emails the landlord, calls the repairs line, and keeps copies of both. This situation usually engages the landlord's essential systems duty. It may also raise wider questions about whether the home is fit to live in safely, especially if the delay is prolonged.

Scenario three: tenant-caused damage

A visitor slams a window and the glass shatters. Rain then starts getting in. The landlord arranges an urgent boarding-up visit and later says it will recharge the tenant for the replacement. That outcome may be lawful if the visitor caused the damage. The urgent attendance does not automatically make it a landlord liability. The tenant should still report it promptly, explain what happened, and check whether the amount charged matches the actual work carried out.

Why the outcomes differ

• Cause decides a lot.
• Notice often decides when liability for delay begins.
• Severity affects how urgently the landlord should act.
• Evidence shapes whether a complaint or claim can be proved.

What to Do Next and How to Move Forward

The clearest answer is still the one many people need to hear first: in most social housing cases, tenants should not pay. Structural problems, outside defects, heating, water, electrics, sanitation, and hot water usually sit with the landlord, not the tenant. That remains true even if a tenancy agreement contains broad wording about keeping the home in good order.

• Check what the problem is: if it affects structure, exterior, heating, water, electrics, sanitation, or hot water, it is more likely to be a landlord repair.
• Confirm that notice has been given: written notice is best, but a clear verbal report can still matter.
• Pull together evidence: photos, letters, emails, appointment records, and a short impact diary often make the difference.
• Use the formal complaints route if repairs stall: this creates another written trail and often produces a final landlord position.
• Consider outside help where appropriate: the Ombudsman may help with service failures. A solicitor may help where the disrepair is serious and legal remedies are being considered.

Paying privately is often risky

Tenants sometimes think paying for the repair themselves will solve everything and the landlord will refund them later. That can happen in some situations, but it is not something to assume. If liability has not been accepted, private payment can create a new dispute about reimbursement.

Where the disrepair is serious and the landlord has been told but has not acted reasonably, the tenant may be entitled to explore a legal claim. That does not guarantee an outcome, and it does not mean every repair problem becomes a compensation case. It does mean there may be options beyond repeated chasing.