When a landlord fails to carry out repairs they are legally obliged to undertake, tenants are not without recourse — but the options available, and the risks attached to each, depend heavily on what type of tenancy you hold, what your agreement says, and how you approach the situation.
This article focuses primarily on commercial leases and more complex residential tenancy situations, where the legal framework — and the remedies available — go beyond the basics covered in standard consumer guidance. It also sets out practical steps that apply across both contexts: from the initial documentation of the problem through to specific performance claims and formal dispute resolution. We cover what landlord repair obligations actually mean, what happens when they are not met, and the routes available to tenants in England and Wales who need to force the issue.
What are a landlord’s repair obligations?
The scope of a landlord’s repair obligations depends on whether you are a residential or commercial tenant, and on the specific terms of your tenancy or lease agreement. In broad terms:Residential tenancies
For residential tenancies, section 11 of the Landlord and Tenant Act 1985 imposes implied repairing obligations on landlords in most short residential tenancies. These include an obligation to keep in repair the structure and exterior of the dwelling (including drains, gutters, and external pipes), and to keep in repair and proper working order the installations for supply of water, gas, electricity, heating, and hot water. The Homes (Fitness for Human Habitation) Act 2018 added a further implied term requiring the property to be fit for human habitation at the outset and throughout the tenancy. The GOV.UK guide to private renting repairs sets out the statutory categories of repair that always fall on the landlord.Commercial leases
For commercial tenants, the position is different. There is no equivalent of section 11 for commercial leases — the repairing obligations are almost entirely governed by the lease itself. Commercial leases commonly contain a full repairing and insuring (FRI) covenant, which places the obligation to repair the entire property on the tenant. Where the landlord retains responsibility for specific elements — typically the structure, roof, or common parts of multi-let buildings — this will be expressly stated in the lease. Understanding exactly what your lease says about repair — and who is responsible for what — is the starting point for any dispute. If you are uncertain about the scope of your obligations or your landlord’s, a specialist lease review will give you a clear picture before you take any further steps.Step one: document the problem thoroughly
Whatever the legal route you ultimately pursue, the strength of your position depends on your evidence. Courts, ombudsmen, and dispute resolution schemes all require tenants to demonstrate that they reported the problem, gave the landlord a reasonable opportunity to respond, and that the landlord failed to act. Without evidence, even a well-founded claim can fail.
From the moment you identify a repair problem that falls within your landlord’s obligations, you should begin building a contemporaneous record:
- Photographs and video of the defect, dated and ideally geotagged, showing the extent and progression of the damage over time
- All written communications with the landlord or their agent — emails, letters, and text messages — kept in a single, organised file
- A log of any verbal communications, noting the date, what was said, and by whom
- Medical evidence if health has been affected by the condition of the property — doctor’s notes, hospital letters, or prescriptions
- Receipts or estimates for any costs incurred as a result of the defect — damaged belongings, temporary accommodation, additional heating costs
- Any surveyor’s or Environmental Health Officer’s report if one has been produced
This evidence forms the foundation of every route available to you. Do not rely on memory — document as you go.
Step two: give formal written notice to repair
A landlord cannot be in breach of their repair obligations until they have notice of the defect — this is a settled principle of English law. Even where a problem is visible, you should serve a formal written notice setting out the nature of the repair, the date it was first reported, and a reasonable period within which you expect the work to be carried out.
For residential tenants, Citizens Advice recommends giving 20 working days in the formal pre-action letter before commencing court proceedings. For urgent matters affecting health and safety — structural instability, loss of heating in winter, or a serious damp problem — a shorter period may be justified, but you should still serve written notice before taking any further steps.
For commercial tenants, the notice requirements may be more specific. Some leases contain provisions requiring notice to be served in a particular form or to a particular address. The lease should be checked carefully before service of any formal notice. Where no specific mechanism is provided, a written letter delivered in a way that creates a record of receipt — recorded post or email with read receipt — is sensible practice.
Your letter should include: a precise description of the defect; the date it was first reported; a clear statement of the repair obligation you consider falls on the landlord; a reasonable deadline for the work to be completed; and a statement of your intended next steps if the deadline is not met.
Set-off rights: can you deduct the cost of repairs from your rent?
The question tenants most frequently ask when a landlord is failing their repair obligations is whether they can simply stop paying rent, or deduct the cost of having the work done themselves, until the problem is addressed. The answer is nuanced — and the risks of getting it wrong are significant.
The equitable right of set-off
In residential tenancies, there is a recognised equitable right to set off against rent the cost of repairs that a landlord is obliged to carry out but has failed to undertake after reasonable notice. This right was confirmed in Lee-Parker v Izzet [1971] and has been applied in subsequent cases. The right is not absolute and is subject to conditions: the tenant must have given proper notice of the defect, the landlord must have had a reasonable time to carry out the work and failed to do so, and the amount deducted must correspond to the actual and reasonable cost of the repair.
However, exercising set-off without proper legal advice carries real risk. If the court ultimately finds that the set-off was not properly exercised — because notice was not adequate, the landlord’s obligation was not as broad as assumed, or the amount deducted was unreasonable — the tenant may find themselves in arrears and exposed to the risk of forfeiture or possession proceedings. This is particularly acute in commercial leases, where the right of set-off may be expressly excluded.
Set-off in commercial leases
Many commercial leases contain an explicit exclusion of any right of set-off. Where the lease contains a clause requiring the tenant to pay rent without deduction or set-off, a tenant who withholds rent — even legitimately, in response to the landlord’s breach — may be in breach of their own obligations and exposed to forfeiture proceedings. Before exercising any form of set-off in a commercial context, you should obtain specialist legal advice to establish whether the right exists under your lease and how to exercise it safely.
Rent reduction by agreement
A safer alternative to unilateral set-off is negotiating a rent reduction or temporary suspension with the landlord while repairs are outstanding. This requires the landlord’s agreement, which may not always be forthcoming — but it is considerably less risky than withholding rent unilaterally, and it avoids the possibility of possession or forfeiture proceedings.
Specific performance: compelling the landlord to carry out repairs
Where money compensation is insufficient — for example, where the repair is urgent, the property is becoming dangerous, or the landlord has persistently failed to act — a tenant may seek a court order for specific performance compelling the landlord to carry out the required works.
Specific performance is an equitable remedy, and courts retain discretion as to whether to grant it. In practice, orders for specific performance of repair covenants are granted where the defect is serious, where damages would be an inadequate remedy, and where there is a clear and enforceable obligation in the lease or tenancy agreement. The remedy has been held available to residential tenants under section 17 of the Landlord and Tenant Act 1985.
A claim for specific performance is brought in the County Court. In straightforward cases, the tenant applies using form N1 and sets out the nature of the disrepair, the lease or statutory obligation breached, the notice given, and the relief sought. The court can order the landlord to carry out specified works within a defined period and, in serious cases, can impose ongoing monitoring or supervision of compliance.
Specific performance claims require careful preparation and, in most cases, the assistance of a solicitor. The evidence requirements are significant, and the process can take several months. If you are considering this route, taking legal advice at the outset will help you assess whether the claim is well-founded and how to present it most effectively.
Dealing with a landlord who is refusing to carry out repairs?
Whether you are facing a straightforward disrepair dispute or a more complex situation involving set-off rights, forfeiture risk, or specific performance, the right legal advice can make a significant difference to the outcome. Contact Lease Lawyer for specialist commercial lease advice. We can review your position and advise on the options available to you.
Alternative dispute resolution before going to court
Before commencing court proceedings, most procedural frameworks — and the Pre-Action Protocol for Housing Disrepair Cases — require or strongly encourage tenants to consider alternative dispute resolution (ADR). In addition to being a procedural requirement in many contexts, ADR is typically quicker and less expensive than litigation.
Environmental Health enforcement
For residential tenants, the local authority’s Environmental Health department has powers to inspect rented properties and serve enforcement notices on landlords where the property has serious defects affecting health or safety. A formal inspection under the Housing Health and Safety Rating System (HHSRS) can produce an independent report of the disrepair and, if the hazards are serious enough, result in the council requiring the landlord to carry out specified works. This is one of the most cost-effective early steps for residential tenants, as the service is free and the independent report carries significant weight in any subsequent proceedings. A request for inspection can be submitted through your local council — the GOV.UK council finder will direct you to the relevant team.
Mediation
Mediation involves a neutral third party assisting the landlord and tenant to reach an agreed resolution. It is suitable for all types of tenancy, is typically completed within a matter of weeks, and can result in a binding agreement on the works to be carried out and a timetable for completion. Courts increasingly expect parties to have attempted mediation before commencing proceedings, and a refusal to engage with mediation without good reason can be taken into account in any subsequent costs order.
Property Redress Scheme and Housing Ombudsman
Private residential tenants can complain to their landlord’s letting agent’s redress scheme where the agent is a member. Social housing tenants — those renting from a council or housing association — can refer unresolved complaints to the Housing Ombudsman after following their landlord’s internal complaints process. The Ombudsman can order compensation and require the landlord to carry out specified works, and the process is free to tenants.
Taking court action for landlord repair failures
Where informal steps and ADR have failed to resolve the situation, court proceedings may be the appropriate next step. For most residential disrepair claims, this will be the County Court, using the Pre-Action Protocol for Housing Disrepair Cases as the procedural framework.
The Protocol requires the tenant to send a formal letter of claim setting out the full details of the disrepair — what has been reported, when, the landlord’s response, and the loss or damage suffered — at least 20 working days before issuing proceedings. The letter must invite the landlord to respond and should confirm whether the tenant is seeking damages, an order for specific performance, or both. Any expert or survey evidence should be disclosed at this stage.
If the landlord fails to respond adequately within the protocol period, the tenant can issue proceedings using form N1. The claim will typically be allocated to the small claims track (for straightforward cases involving modest damages) or the fast track, depending on the value and complexity involved. The court can order the landlord to carry out specified repairs and pay compensation for the period of disrepair, and in some cases may award the tenant their legal costs.
The limitation period for most disrepair claims is six years from the date the landlord was first notified of the defect. This is an important consideration if you have been living with a repair problem for a long time — delay can erode the period in respect of which damages can be claimed, even if the underlying obligation has not changed.
Practical checklist: steps to take when your landlord won’t carry out repairs
What to do when your landlord isn’t meeting their repair obligations:
- Document the defect immediately — photographs, dates, and a written log
- Check your tenancy or lease to confirm the repair obligation falls on the landlord
- Report the defect in writing and keep a copy of all correspondence
- Allow a reasonable time for the landlord to respond and carry out the work
- If not resolved, serve a formal written notice with a clear deadline
- Consider requesting an Environmental Health inspection (residential tenants)
- Take legal advice before withholding rent or exercising any set-off right
- Explore mediation or ADR before commencing court proceedings
- If all else fails, issue a formal pre-action letter under the Housing Disrepair Protocol and consider court proceedings
When to take legal advice on a repair dispute
Not every repair dispute requires immediate legal intervention. For relatively minor matters, a firm formal letter — especially one written on solicitor’s headed paper — often achieves results without the need for formal proceedings. For more serious situations, however, legal advice is essential.
You should take specialist advice where the landlord is refusing to act and the property is becoming uninhabitable or unsafe; where you are considering withholding rent or exercising set-off and need to understand the risks; where you believe you have a claim for damages and want to understand its value; where forfeiture or possession proceedings have been threatened; or where you are a commercial tenant dealing with a complex lease with express set-off exclusions.
At Lease Lawyer, we advise tenants — both residential and commercial — on all aspects of lease and tenancy disputes, including disrepair claims, set-off rights, and applications for specific performance. If you are dealing with a landlord who is failing their obligations and you are not sure what your options are, we can give you a clear picture of where you stand and the most effective way to proceed. Get in touch to discuss your situation with a specialist commercial lease solicitor.
⚠ Legal disclaimer
This article is for general information only and does not constitute legal advice. It applies to England and Wales. Repair obligations, set-off rights, and available remedies depend on the precise terms of your tenancy or lease and the specific facts of your situation. You should always take independent legal advice before withholding rent, carrying out repairs, or commencing legal proceedings.
Speak to a specialist lease and tenancy solicitor
AGAs are among the more technically complex areas of commercial lease law, and the consequences of signing one without proper advice can be significant and long-lasting. At Lease Lawyer, we advise outgoing and incoming tenants, as well as landlords, on all aspects of lease assignment — including AGA requirements, negotiation, and challenges. If you are about to assign your lease or have been asked to sign an authorised guarantee agreement, we can help you understand your position before you commit to anything.
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