Five actions letting agents should take when a tenant reports a problem

Tenants have legal rights when it comes to repairs

When a tenant reports a problem to their letting agent, agents must respond and take action.

 The Landlord and Tenant Act 1985 sets out the basic responsibilities of looking after the building and outside spaces, making sure the water, gas, electricity, and sewage systems work properly, and dealing with anything that could make the place unsafe or impossible to live in. By addressing issues quickly, letting agents can help prevent disputes that may arise from unresolved repair problems.

Is there a repair timeframe given by law?

While specific timelines for repairs aren't instructed by law, urgent issues must be addressed quickly. For example, immediate action is required for issues that pose health or safety risks, such as gas leaks or large water leaks. Letting agents should coordinate with landlords, management companies, or emergency services to ensure that qualified professionals are on-site as soon as possible.

Repairs are also considered urgent if they pose a serious risk of harm to the occupants of the property such as mould and damp, for tenants that are children, elderly or vulnerable, people with mobility issues, and those with health problems or disabilities that the repair issues could exacerbate.

For less critical repairs, like broken appliances or cosmetic damages, aim to address these within a reasonable timeframe to keep tenants satisfied.

Actions to take when an issue is reported

1. Acknowledge receipt

• Prompt response: Quickly acknowledge the tenant’s report through phone, email, or text. Follow up with the written word where possible.
• Reassurance: Let the tenant know their concern is taken seriously and will be addressed as soon as possible.
• Record keeping: Document the issue, including dates, times, and specifics, to help manage future communications and avoid a potential dispute.

2. Conduct an initial assessment

• Evaluate urgency: Determine whether the problem requires immediate attention, and prioritise urgent issues to prevent escalation.
• Arrange an inspection: Schedule a visit to assess the issue firsthand as soon as possible.
• Gather information: Document the problem with notes and photos. This evidence can help in discussions with landlords and contractors, minimising misunderstandings.

3. Develop and communicate a plan of action

• Plan repairs: Based on your assessment, decide on the necessary steps, whether contacting professionals or managing minor repairs internally.
• Communicate with the tenant: Keep the tenant informed about the action plan and timeline for resolution, which helps set realistic expectations.
• Provide temporary solutions: If immediate repairs aren't feasible, offer temporary solutions, such as space heaters, to maintain tenant comfort. In some extreme cases, temporary accommodation may be required.

4. Carry out repairs

• Engage professionals: For most repairs, especially those involving plumbing or electrical issues, ensure qualified contractors are hired for safety and compliance.
• Monitor progress: Stay in contact with contractors to track repair progress and ensure quality work, keeping tenants up to date.
• Follow up: After repairs, inspect the work and check in with the tenant

5. Maintain records

• Keep documentation: Maintain detailed records of all communications, inspections, repairs, and receipts related to the repair. This documentation is invaluable for avoiding disputes in the future.
• Follow up with the tenant: Once repairs are complete, ensure the tenant is happy the issue has been resolved.
• Preventative measures: Consider whether the issue could have been prevented and potentially implement regular maintenance checks, if they’re not already anyplace, to avoid future problems.

Handling deposit disputes surrounding repairs

In a situation where the tenant has caused a repair problem, it’s important for agents and landlords to handle the situation fairly, taking into consideration tenant-caused damage and fair wear and tear.

Agents should start by conducting a thorough inspection of the issue to understand the extent and cause of the damage, taking detailed notes and photographs as evidence. Assess whether the damage was caused by tenant negligence, misuse, or accidental damage, as opposed to fair wear and tear, and compare the current condition with the initial inventory and any mid-tenancy inspections.

Communicate with the tenant to inform them about the findings, explaining how the damage appears to be their responsibility and present the evidence collected. The Tenancy Deposit Scheme’s deposit deductions template can be useful in these scenarios.

Agents, landlords, and tenants have the option to negotiate directly through the Tenancy Deposit Scheme’s portal without involving adjudication, unless the dispute becomes formal. All users can propose deductions, respond to the other party’s proposals, make adjustments to their offers, or agree with the proposal. The portal allows users to track the progress of the case, facilitating prompt settlement of disputes. There is also a "Chat now" feature that enables confidential discussions, allowing parties to upload relevant files. Importantly, these chats will not be considered part of the dispute if it proceeds to adjudication.

If an agreement cannot be reached, the dispute can be referred to the Tenancy Deposit Scheme which makes fair and impartial decisions based on the evidence provided.  

By following these steps, letting agents can help encourage positive relationships between landlords and tenants while minimising the risk of deposit disputes.

For additional resources and support, visit the TDS Help Centre.