Common hazards

Damp

The most common type of dampness in residential properties is condensation. Lifestyle is a major contributory factor to condensation and so you need to make sure that you are adequately heating and ventilating your property. Particular attention should be given to areas of high humidity such as bathrooms and kitchens.

If your property has been fitted with mechanical ventilation and/or air bricks in the walls, you must ensure that you make use of these and in the case of air bricks that you do not block or obstruct them in any way.

The less common and structural kinds of dampness are penetrating and rising damp.

Gas

Your landlord must ensure that all gas pipe work, appliances and flues provided for tenants are maintained in a safe condition. The property you rent needs to have a gas safety check every year by a Gas Safe registered engineer.

Your landlord must give you a copy of the gas safety certificate within 28 days of it being carried out or before you move in.

You must allow access for the engineer to inspect and to carry out any repairs. The landlord should give you reasonable notice.

You should contact the Health and Safety Executive (HSE) if your landlord is breaking the rules about gas safety, call 0300 003 1747.

For gas emergencies call National Grid on 0800 111999.

Electricity

Your landlord is responsible for maintaining and repairing the wiring and all electrical installations in your home that they provide. You are responsible for maintaining any electrical goods that you own.

Common questions

How should I report repair problems?

You must always report a problem to your landlord first and report the repairs in writing. If it is urgent, telephone first, but always write as well. Date your letter and keep a copy and forward it to the council if you have made a complaint to us. You can use email, but make sure you keep the reply so that you can prove it was sent to the right address.

It is important that you can prove your landlord was aware of the problem, in case you need to take the problem further.

What if I don't know who the landlord is?

You can report the problem to the landlord's agent, if there is one. If your landlord is the council or a housing association, you can report a problem to your housing officer or estate manager.

You have a legal right to know the landlord's name and address. If you do not know it, look on your rent demand or statement, or other letters about your tenancy, or ask the agent or person who collects your rent.

You can contact Citizens Advice if you have difficulty identifying or contacting your landlord.

Do I have to let the landlord enter the property I am renting?

You must allow the landlord or their agent access to see what repairs are needed and to carry out the work. The landlord should give you reasonable notice (usually at least 24 hours), except in an emergency. Although your landlord should arrange the repairs, you may have to let in the contractor.

Your landlord does not have the right to come into your home to carry out improvements unless specifically stated in your tenancy agreement, so the landlord will need your permission.

Can I withhold rent to my landlord?

We do not advise you to withhold your rent without seeking proper legal advice. By withholding rent you will be in breach of your tenancy agreement and could give your landlord more reason to evict you by being in rent arrears. Furthermore, if you are evicted for rent arrears, you may not qualify for Council housing as you will be deemed to be intentionally homeless.

Next steps

Once you have informed your landlord in writing of the issues in the property and sent us copies of these letters, you need to give your landlord a reasonable amount of time in which to do the works. This will generally be 28 days.

If, once this timescale has passed, no works have been started and your landlord hasn't given you any reasons or made any attempt to carry out repairs, you then need to contact us. We will initially write to your landlord about your complaint.

You can use the following template letters for you to fill out and send to your landlord or managing agents.

Letter 1 has been written in an informal manner as a first contact point for your landlord.

If he/she does not respond and/or commence works, you can then use Letter 2 as a more formal warning to inform your landlord that if they do not carry out works, the council may have to be involved and may have to take necessary action.

Please keep a copy for yourself and send a copy to us at: Environmental Health and Trading Standards, Plough Lane, Hereford HR4 0LE or email psh@herefordshire.gov.uk

Help from other services

Environmental health

For problem neighbours – anti-social behaviour and noise issues, drainage and pests in the area see environmental health advice on neighbour nuisance or anti-social behaviour issues.

For immediate danger, anti-social behaviour (ASB), or criminal activity, contact West Mercia Police via 101 or 999.

Risk of eviction

Landlords are legally required to carry out certain repairs, but you need to consider the risk that your landlord might try to evict you rather than do the work. Some landlords might try to evict without following the correct procedure, or make life difficult for you (for example changing the locks while you are out, or leaving repairs unfinished). This may be illegal eviction or harassment, which are criminal offences.

If this happens to you, you can contact our homelessness prevention team on 01432 261600. If you are not sure what your rights are, or what you should do, you can get advice from the Citizens Advice, call 0844 826 9685.

Further help

• Shelter housing advice, call 0808 800 4444