Landlord misconduct: a tenant’s guide

All tenants have the right to live in a well-maintained and safe property. When landlords fail to meet their legal responsibilities, whether neglecting repairs, engaging in unfair practices or failing to ensure proper living conditions, action by a tenant may be required.

If you are a tenant dealing with a landlord who is not acting responsibly, this guide summarises the steps you can take to report the problem and protect your rights.

What constitutes landlord misconduct?

Landlord misconduct can take many forms, including:

• Failure to carry out essential repairs – e.g., broken heating, a leaking roof, or dangerous electrical faults.
• Health and safety hazards – including mould, damp, pest infestations, and structural hazards.
• Discriminatory practices – refusing to rent to tenants based on race, gender, disability, or other protected characteristics.
• Unlawful eviction or harassment – such as changing the locks, entering the property without notice, or threatening tenants.
• Failure to comply with legal obligations – such as not protecting a tenant’s deposit in a government-approved scheme or not providing an Energy Performance Certificate (EPC), Gas Safety Certificate, or Electrical Safety Report as part of the ‘Prescribed Information’ that should be provided prior to a tenancy agreement beginning.

If you are a tenant dealing with these issues with your landlord, below are the steps you could consider taking.

Step 1: Contact your landlord

Before escalating the issue, communicate with your landlord in writing so that you have a clear record of the correspondence. If the landlord has a managing agent, contact the agent or copy them in on any letters and emails you send.

Your landlord is always responsible for repairs to:

• heating and hot water
• electrical wiring
• the property’s structure and exterior
• basins, sinks, baths and other sanitary fittings including pipes and drains
• gas appliances, pipes, flues and ventilation
• any damage they cause by attempting repairs

Your landlord may also be responsible for repairing common areas, for example, staircases in blocks of flats or the bell system for a block of maisonettes. Your tenancy agreement should stipulate what the landlord is and isn’t responsible for.

When writing to your landlord, you must clearly outline the problem and request action within a reasonable timeframe. Ensure you keep records of all communications, including your landlords’ responses and photos of the issue.

If you are sending letters, make sure you send them via a method that allows you to prove that the correspondence has been delivered. Think about using special or recorded delivery. If you are emailing, add a read receipt tracker to the emails so you can show receipt.

Step 2: Make a complaint to a designated person

If you cannot resolve the issue with your landlord, you can consider making a complaint to a designated person, such as your MP, a local councillor, or a tenant panel.

Step 3: Contact your local council

If your landlord does not address the issue after you have raised this with them, you can report them to your local council’s housing department. Councils can then investigate and take action. They may:

• Inspect the property and issue improvement notices.
• Fine landlords who fail to comply with safety regulations.
• Take legal action against serious offenders.

Keep a record of any conversations you have with your local council.

Step 3: Report to the Housing Ombudsman

If your landlord is a housing association or manages many rental properties, you may be able to escalate your complaint to the Housing Ombudsman. The Housing Ombudsman is an independent body that can investigate disputes and recommend solutions. You can find information about the Housing Ombudsman online.

Step 4: Seek legal advice

It is always a sensible idea to seek legal advice from a property litigation specialist in these situations to fully understand your rights and potential next steps. You may be entitled to claim compensation, seek an injunction to force your landlord to carry out repairs or dispute an eviction notice.