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EERC

What landlords say to defend disrepair cases (and what it really means)?

June 4th, 2026

If you are a tenant and your home has damp, mould, leaks, infestation or other disrepair you may be able to make a formal complaint to your local council, an ombudsman or even take legal action at court against your landlord. If you succeed, the landlord will have to fix the problems and potentially even pay you financial compensation. However, landlords often try to defend these claims. Here are the most common arguments they use — and what they really mean. 

  

1. “It’s the tenant’s responsibility” 

Landlords may say that fixing the problem is your job. But this is often not true. 

Your tenancy agreement explains who is responsible for what. Usually: 

  • The landlord must fix major parts of the home (walls, roof, windows, plumbing, heating) 

  • The tenant only handles small tasks (like changing bulbs or keeping the home clean) 

Even if your contract says something different, the law still protects you. In England, landlords must keep the home in good repair and make sure it is safe to live in. They cannot remove these duties just by writing different terms in a contract. 

  

2. “You didn’t tell us about the problem” 

Landlords may argue they didn’t know about the disrepair. 

Because of this, it is very important that you report problems clearly and as soon as possible. You should also give them reasonable time to fix it. 

Keep evidence such as: 

  • Emails or text messages 

  • Photos of messages or reports 

  • Written notes if you reported it by phone (date, time, what was said) 

Without proof, it may be harder to win your case. 

  

3. “You didn’t let us access the property” 

Landlords may also say they couldn’t fix the issue because you refused access. 

To avoid this problem: 

  • Always allow reasonable access for inspections or repairs 

  • Try to be available for agreed appointments 

  • If you cannot make it, tell them as soon as possible and explain why 

You should also keep proof if you had a valid reason (like illness or work emergency). 

If a landlord or contractor shows up without warning, you are generally allowed to refuse entry. They should give reasonable notice first. 

  

More information about disrepair in private renting can be found on Private renting: Repairs - GOV.UK and Repairs and housing conditions - Shelter England 

  

At our charity, we have experienced housing advisers and a specialist housing solicitor, and we are here to provide advice and practical assistance to East European communities.

If you need advice or want to check your eligibility, our helplines are available Monday to Wednesday, 10 am to 4 pm: 

PL/LT/EN: 07521857415 

RO/EN: 07730021986 

UA/RU/EN: 07718612218 

This is in line with the information available as of 03/06/2026.