Landlord Q&A Hub

Welcome to our Questions & Answers section, designed to help both landlords and tenants navigate key legal issues and avoid the pitfalls seen in recent disputes. These questions are based on real-life cases submitted to The Landlord Association. This page highlights recurring issues and explains your rights and responsibilities under the law in England and Wales.

Frequently asked questions by Tenants

What should I do if my landlord fails to repair essential services like heating or hot water?

Under Section 11 of the Landlord and Tenant Act 1985, landlords are legally obliged to repair and maintain heating and hot water systems. You should report the issue in writing immediately. If unresolved, you may contact Environmental Health or withhold a portion of rent as a last resort (seek legal advice first).

Does my landlord need to provide gas safety certificates?

Yes. Landlords must supply a valid CP12 Gas Safety Certificate annually under the Gas Safety (Installation and Use) Regulations 1998.

Can I claim compensation if I lived without heating during the winter?

Yes. Under the Homes (Fitness for Human Habitation) Act 2018, tenants may be entitled to compensation for loss of amenity. Courts have awarded rent abatements of 25–50% depending on severity.

What if my landlord ignores my repair requests?

Submit requests in writing and retain copies. If ignored, escalate to Environmental Health or use the tenant repair letter in our Resources Hub.

Am I liable for damage that existed before I moved in?

No. If the damage was documented on the inventory at move-in or reported early, it falls under the landlord’s responsibility. Always take photos and submit a signed inventory.

Can my landlord deduct from my deposit for fair wear and tear?

No. Only damage beyond reasonable wear and tear is deductible under the Tenancy Deposit Scheme guidelines.

What if my deposit is unfairly withheld?

Raise a formal dispute through the TDS (Tenancy Deposit Scheme). It’s free and impartial.

What evidence should I keep during a tenancy?

Save all emails, letters, photos of issues, check-in/out reports, and receipts. These are vital in disputes.

Frequently asked questions by Landlords

What are my obligations for maintaining heating systems?

Under Section 11 of the Landlord and Tenant Act 1985, landlords are legally obligated to ensure that boilers and heating systems are kept in good repair and proper working order. Failure to fulfill this obligation may result in significant liability, including the potential for substantial compensation claims by tenants. Such negligence is regarded as a serious breach of landlord responsibilities and can have severe legal consequences if pursued by the tenant.

Can I deduct unpaid rent from the deposit?

Yes, but only if the rent is clearly due and documented. Disputed rent periods should be handled carefully.

Do I need to respond to all tenant repair requests?

Yes. Tenants have a right to a safe and habitable home. Ignoring repair requests can lead to legal claims.

What documentation do I need to protect myself legally?

Maintain detailed records including tenancy agreements, CP12s, EPCs, EICRs, inventories, and written communications. Any gaps in certification, no matter how short, will negatively affect your legal position should a claim be made against you.

How soon must I act on a boiler failure?

Best practice dictates emergency repairs (like no heat/hot water) should be resolved within 24 hours. More serious conditions, such as unsafe Carbon Monoxide levels, often result in serious financial compensation, if persued by your tenant. You should notify the tenant accordingly and arrange alternative accommodation if necessary until the issue is fully resolved.

What if a tenant leaves the property in poor condition?

Use a check-out inventory to support your claim. Submit all evidence to the TDS if the deposit is disputed. You MUST compare apples-with-apples. Check-in and check-out photos MUST be identical and clearly show severe deterioration beyond reasonable wear and tear. This is the most common dispute we resolve at TLA and it almost always results in full deposit returns for our tenants for this reason.

Can I issue deductions for key return delays?

Deductions are only likely to be upheld if a key return delay causes a clear financial loss, such as missed rental income or locksmith fees. Minor delays — particularly those under 96 hours (4 days) after the tenancy end — are generally not considered serious enough to justify deductions, especially if no access was needed during that time. Adjudicators focus on actual impact rather than strict deadlines.

Can I charge the tenant for damage or cleaning?

Only with proof. You must present check-out reports, invoices, and demonstrate damage exceeds wear and tear. Simply taking photos of scuffed walls and carpets that are clean but distinctly old, will not succeed in any case with the TDS or Small Claims Court.

For more detailed guidance, please refer to our full legal templates in the Resources Hub, or email our legal team: legal@landlordassociation.org.uk

Contact Us for Assistance

Reach out for guidance on landlord and tenant legal issues. We're here to help you navigate disputes effectively.

Support

Your unique contact number via your welcome email and/or your personal TLA Members' Hub

Inquiry

info@landlordassociation.org.uk