Are landlords responsible for structural repairs?

There are many things that you will be responsible for as a landlord, from ensuring appliances are safe and properly maintained to managing tenant relationships, your hands will be full from start to finish. But are landlords responsible for structural repairs, too? 

Here, we’ll discuss your responsibilities as a landlord regarding any structural damage to your rental property, including the responsibilities of your tenants. 

Yes, landlords are responsible for structural repairs

Under UK law, the responsibility falls to landlords when it comes to any major structural repairs, regardless of whether you rent your property out as furnished or unfurnished. The reasoning behind this is to ensure that your property remains safe and habitable for your tenants. 

This can be legally defined within the Housing Act 2004, too, as it highlights the state in which tenants can access the rental property. We will discuss this in more detail below. 

What are structural repairs? 

Structural repairs are the fundamental elements that give each property its stability and integrity, and this typically includes: 

• Foundations: The base on which the entire property rests.
• Roofs: Including the tiles and underlying structure.
• External walls: The main exterior fabric of the property.
• Internal load-bearing walls: Walls that support the upper floors or the roof.
• Chimneys: Both the stack and the flue.
• Joists and beams: The internal framework supporting floors and ceilings.
• External pipework, drains, and gutters: Essential for water management and preventing dampness, which could lead to mould. 
• External doors and windows: The frames and seals ensure weatherproofing and security.

These types of repairs are different to decorative repairs such as painting walls or minor wear and tear, and would usually be classed under different types of responsibilities. In this way, we can see that landlords are responsible for structural repairs. 

The legal framework that needs to be considered 

There are a few key pieces of UK legislation that need to be taken into consideration when it comes to your being responsible as a landlord for structural repairs. 

Landlord and Tenant Act 1985 (Section 11) 

This act is the cornerstone of a landlord’s repairing obligations, with section 11 placing a statutory duty on landlords to:

• Keep the structure and exterior of the dwelling maintained
• Ensure the installations for the supply of water, gas and electricity are kept in proper working order. 
• Keep the installations for space heating and heating water in good working condition. 

Homes (Fitness for Human Habitation) Act 2018

This act strengthens the rights of tenants and manages to incorporate the standards of the Housing Health and Safety Rating System (HHSRS) directly into the tenancy agreements.

• Landlord’s obligation: this includes ensuring that the property is fit for human habitation from the start of the tenancy and throughout its duration. 
• Maintenance relevance: a property that has significant structural issues, i.e. a collapsed roof, unstable walls, or severe damp and mould, will be deemed as unfit for tenants to live in. 

Housing Health and Safety Rating System (HHSRS) – Housing Act 2004

The HHSRS is the tool that is used by local authorities to identify and assess hazards in residential properties.  If there are any structural defects, such as the risk of falling elements, dampness due to a leaking roof, or poor insulation, the local authority will issue enforcement notices. These will ensure that you, as the landlord, carry out these structural repairs. 

Essentially, you, as the property owner, are responsible for structural damage in a rental property, ensuring that the property you’re renting out is safe and that it provides a secure and weatherproof home for your tenants. 

What if a tenant causes structural damage? 

Although you are responsible for structural damage and repairs to your rental property as a landlord, if tenants cause any structural damage to the property due to negligence, they should be held accountable for this. 

It is also important to differentiate between general wear and tear and any issues that may be arising due to the property’s age/condition. So, if there is a structural issue that arises due to using the property normally, it is you are responsible for the structural damage as the landlord. 

However, if a tenant causes structural damage due to being reckless or deliberate, they would typically be responsible for the repair costs. This can include knocking down a load-bearing wall without permission or causing a flood that damages the foundation of the property. 

This is why it is so important to ensure that the tenancy agreement outlines both yours and your tenants’ responsibilities for looking after the property, stating any consequences of causing damage, too. 

Practical advice for landlords

There are ways in which you can avoid any costly disputes with your tenants by taking action when there is structural damage caused to a rental property. Let’s take a look at how: 

Schedule regular property inspections

Firstly, be sure to schedule regular inspections of your property. Don’t wait for there to be an issue before you do this; it is always best to be proactive in this manner. This way, you’ll be able to proactively identify any structural damage, such as cracks, dampness, blocked drains, or any loose roof tiles, before the issue escalates. 

Keep thorough documentation

Ensure that you keep meticulous records of everything, such as: 

• Inspection reports
• Tenant repair requests
• All communication logs
• Quotes from contractors 
• Invoices
• Safety certificates

This is extremely important in case there are any disputes that arise with your tenants and can be used as evidence in these cases.

Act promptly on any issues reported

When tenants contact you to report any structural damage to your rental property, it is important that you respond as quickly as possible. Taking a long time to respond will worsen any issues and automatically increase any repair costs. Also, tenants will be within their rights to contact the local authority or take legal action if you do not act promptly. 

Seek professional advice

If your property has a complicated structural issue, it is recommended that you consult with a professional first before repairing anything yourself. Structural engineers, surveyors or experienced builders will be able to accurately diagnose the issue and will be able to recommend the appropriate solution. 

Landlord insurance

Being responsible for structural damage in a rental property as a landlord means that you’ll need to invest in proper landlord insurance.  Make sure that your landlord insurance policy provides you with comprehensive coverage for structural damage, not wear and tear,  and associated liabilities. This will be your safety net! 

So, it is evident that the responsibility for any major structural repairs falls with you as the landlord. When you are able to understand your legal duties, you can conduct proactive maintenance and foster clear communication with your tenants. This way, you’ll ensure that your property remains safe and habitable for your tenants. 

Take care of your property and the safety of your tenants by investing in landlord insurance. At CIA Landlords, we have the expertise to find the best landlord insurance deals that are suitable for your needs. Contact us today at 01788 818 670 for a quote, and don’t forget to visit our resource centre for more information on how to protect your property from any structural damage.