Structure and Exterior - Repair of Rented Properties: the position in 2026
Structure and exterior repair of rented properties is a key aspect of tenant rights in 2026. This area addresses fundamental maintenance requirements that ensure tenants have habitable living conditions. Free from structural defects that could pose health or safety risks. It encompasses repairs to roofs, walls, windows, doors, and other external elements critical for the property's overall integrity.
2026 update - Renters' Rights Act 2025: New repair duties now apply to private landlords. The Renters' Rights Act 2025 extends the Decent Homes Standard to the private rented sector and brings in Awaab's Law, which sets strict timescales for landlords to investigate and fix serious hazards such as damp and mould. If a landlord ignores a dangerous defect you can report it to your council's environmental health team, and where the problem is serious the council can require the work to be done. The Act is being phased in across 2026. See our Renters' Rights Act 2025 guide.
The legal framework governing this issue has evolved significantly since 2026. With several landmark statutes reinforcing landlords' responsibilities and enhancing tenants' protections. These changes aim to ensure that rented properties meet a high standard of habitability. Particularly in terms of their structural integrity and exterior condition. Understanding these regulations is important for both tenants seeking to enforce their rights and landlords aiming to comply with legal obligations.
What the law says
The primary statutes governing repair responsibilities are the Housing Act 1988 (sections 8, 13, and 21), the Housing Act 2004 (sections 213-215), and the Landlord and Tenant Act 1985 (section 11). The Deregulation Act 2015 (section 33) further clarifies these duties. Additionally, the Tenant Fees Act 2019 restricts landlords from charging tenants for repairs unless it's due to damage caused by the tenant or their guests.
Section 8 of the Housing Act 1988 outlines the landlord's duty to repair the property and ensure that it remains in a good state of repair. Section 13 provides specific protections against retaliatory eviction, ensuring landlords don't use repair issues as use. The Housing Act 2004 strengthens these provisions by introducing new enforcement measures for disrepair claims.
Section 11(1A) of the Landlord and Tenant Act 1985 requires landlords to keep common parts in a good state of repair and ensure that each part of the building is wind- and water-tight, structurally sound, and free from hazards. This includes repairs to roofs, external walls, windows, doors, gutters, and drains.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 (RRA 2025) introduces several significant changes to repair obligations:
- At Structure and Exterior - Repair of Rented Properties, Abolition of [Section 21](https://thetenantsvoice.co.uk/advice_from_us/section-21-notice-to-quit) Notices: Landlords can no longer issue section 21 notices unless the property meets certain habitability standards.
- Periodic Tenancies from Day One: Renters are automatically on a periodic tenancy, removing initial fixed-term contracts and providing greater flexibility.
- Annual Rent Cap via Section 13: The RRA introduces an annual cap on rent increases to prevent excessive price hikes.
- Decent Homes Standard Extended to PRS: All private rented sector (PRS) properties must meet the Decent Homes Standard, ensuring they're in good repair and free from significant disrepair.
- Awaab's Law Extended: Landlords must adhere to stringent health and safety regulations, particularly for fire safety and electrical installations.
- New PRS Ombudsman: A new ombudsman will handle disputes between tenants and landlords, providing an alternative resolution mechanism.
- PRS Database Registration: All private rental properties must be registered on a national database, ensuring transparency and accountability.
- Decent Homes Standard Compliance: Landlords are expected to ensure all PRS homes meet the Decent Homes Standard by regularly assessing and remedying any disrepair issues.
What this means for tenants
Tenants have several rights regarding structural and exterior repairs:
- Duty of Repair: The landlord is legally bound to repair significant defects in the structure, such as a leaking roof or cracked walls.
- Habitability Standards: Tenants may be entitled to demand that their property meets habitability standards under the Decent Homes Standard.
- Health and Safety Compliance: Landlords must adhere to health and safety regulations, particularly for fire safety and electrical installations.
- Dispute Resolution: If repairs aren't made promptly, tenants can escalate complaints through environmental health services or dispute resolution mechanisms like the PRS Ombudsman.
- Legal Action: In extreme cases, tenants may seek legal action through housing tribunals or county courts if necessary repairs are ignored.
What this means for landlords
Landlords must comply with repair obligations to avoid disputes and potential legal penalties:
- Duty of Repair: Regularly maintain the property's structure and exterior elements.
- At Structure and Exterior - Repair of Rented Properties, Health and Safety Compliance: Ensure all installations meet health and safety standards, especially fire alarms and electrical wiring.
- Disrepair Reporting: Respond promptly to tenant reports of disrepair and initiate repairs within a reasonable timeframe.
- Habitability Standards: Regularly assess the property against the Decent Homes Standard and rectify any issues that arise.
- Legal Consequences: Failure to address significant defects may result in penalties, including fines or forced eviction under certain conditions.
Common scenarios
- Leaking Roof: A tenant notices water seeping through the ceiling during heavy rain. They inform the landlord, who fails to act promptly. The tenant documents the issue with photos and reports it to environmental health services.
- Cracked Foundation: After a severe storm, cracks appear in the foundation walls. The property is deemed unsafe by an expert, prompting the tenant to seek urgent repairs from the landlord or the council's environmental health department.
- Broken Gutters: Persistent rain causes water damage due to malfunctioning gutters. The tenant alerts the landlord but receives no response after several weeks, leading them to contact a solicitor and consider filing for disrepair compensation via the deposit scheme.
Evidence tenants should keep
Tenants should gather and retain documentation that supports their claims:
- Photographs: Capture images of visible defects such as cracks in walls or broken gutters.
- Correspondence: Keep emails, letters, and text messages detailing communications with the landlord regarding repairs.
- Dates and Times: Record specific dates and times when issues were reported and when repairs should have been completed.
- Expert Reports: Secure any reports from independent experts confirming the need for urgent repairs or health and safety concerns.
- Repair Quotes: Collect quotes from contractors, which can help establish a timeline for necessary work and potential costs.
- Tenancy Agreement: Review your tenancy agreement to understand what's covered by the landlord's duty of repair.
What to do if things go wrong
If repairs aren't addressed:
- At Structure and Exterior - Repair of Rented Properties, Complaint Letter: Write a formal complaint letter to the landlord, detailing the issue and requesting immediate action.
- Environmental Health Services: Report serious issues to your local council's environmental health team for inspection and enforcement.
- Deposit Scheme Dispute: If using a deposit scheme, initiate a dispute through their process to recover funds for necessary repairs.
- Housing Ombudsman: Submit the issue to the Housing Ombudsman if landlord-tenant disputes remain unresolved.
- PRS Ombudsman: File a complaint with the new PRS Ombudsman for alternative dispute resolution options.
- First-Tier Tribunal: Seek redress through the First-Tier Tribunal (Property Chamber) in cases of significant breaches or damages.
- County Court: As a last resort, consider filing a claim in the county court if all other avenues fail and you need to enforce legal rights.
Common mistakes to avoid
Both tenants and landlords should be cautious:
- Lack of Documentation: Failing to gather evidence can weaken your case when seeking repairs or compensation.
- Ignoring Minor Defects: Tenants may overlook minor issues, but these can escalate into significant problems over time.
- Incorrect Communication Channels: Using informal channels like social media to report defects instead of official correspondence methods.
- Overestimating Landlord Responsiveness: Assuming the landlord will act promptly without following up and documenting progress.
- Misunderstanding Legal Obligations: Not fully grasping your rights under new regulations can lead to unnecessary disputes or delays in obtaining necessary repairs.
- Underestimating Health Risks: Neglecting potential health hazards due to structural defects can put both tenants and landlords at legal risk.
Where to get help
Several organisations provide support:
- Shelter (shelter.org.uk): Offers advice on tenant rights, repair obligations, and how to resolve disputes.
- Citizens Advice (citizensadvice.org.uk): Provides local services for resolving issues with landlords and dealing with legal procedures.
- Local Council Housing Team: Contact your council's housing team for guidance on property standards and enforcing repairs.
- At Structure and Exterior - Repair of Rented Properties, Housing Solicitors: Consult a solicitor specialising in tenant rights for tailored advice and representation in disputes or legal actions.
- Legal Aid Availability: Check if you qualify for legal aid to cover costs associated with resolving tenancy issues, particularly when health and safety are at stake.
These resources can help tenants deal with the complexities of repair obligations and ensure their living conditions meet important standards.
Frequently asked questions
What are my rights as a tenant if there's damage to the roof?
Tenants may be entitled to have their landlord repair structural issues like damaged roofs under the Housing Act 1988, Section 8. Check your tenancy agreement and seek legal advice.
How long does a landlord have to fix exterior property defects?
Landlords typically must address exterior defects promptly after being notified. The exact timeframe may vary based on local regulations and the severity of the issue. Consult an expert for specific timelines.
Do I need to prove my case if my landlord doesn't repair structural damage?
Tenants may need evidence like photos or witness statements to demonstrate property defects. Keeping a record of communications with the landlord is advisable before seeking legal action.
Can my landlord charge me for repairs due to exterior issues?
Landlords cannot typically charge tenants for structural repairs unless damage was caused by the tenant or their guests, as per the Tenant Fees Act 2019. Seek legal advice if unsure.
What should I do if my landlord refuses to repair a leaking roof?
If your landlord fails to fix a leaking roof, you may need to issue a formal notice and escalate to local authorities or seek legal help. The Housing Act 1988 provides guidance on next steps.
Is there financial assistance available for emergency repairs?
Tenants in urgent situations may be eligible for government grants or loans through housing associations or councils. Check with your local authority for specific programs and eligibility criteria.
How does the Renters' Rights Act 2025 affect exterior repair responsibilities?
The Renters' Rights Act 2025 strengthens tenant protections, including clearer guidelines on landlord obligations for structural repairs. Review this act to understand your rights better.
What are common mistakes tenants make when dealing with exterior repairs?
Common errors include not documenting issues thoroughly or failing to follow proper legal procedures before taking action. Always keep detailed records and seek professional advice if needed.