Can I be charged for repairs in my council flat? (Rechargeable repairs explained)

Direct Answer

Councils and housing associations can charge tenants for "rechargeable repairs", which are repairs the tenant has caused through deliberate damage, neglect, or unauthorised alterations. They cannot charge for Section 11 repairs (structure, exterior, water, gas, electricity, sanitation, heating), for fair wear and tear, or for damage they themselves have caused or allowed to develop by ignoring earlier repair requests. If you have been recharged for something that does not fit the rechargeable categories, challenge it in writing through the landlord's complaints procedure. If the underlying repair was the landlord's responsibility and they failed to put it right, you may have a claim, call us free on 0800 030 4669.

What recharging is meant to cover

Recharging is the practice of billing a tenant for the cost of a repair that the council says the tenant caused. Every council has a written rechargeable repairs policy. Common items that legitimately appear on these policies:

• A door, window, or wall damaged by force (kicking, throwing furniture, fight damage)
• A boiler that was working when the tenancy started, broken by removing a part or running it without water in the system
• A bathroom or kitchen that was modified without the council's consent and damaged in the process
• Loss or replacement of council-issued keys above the agreed number
• Clearance of items left behind at the end of a tenancy ("voids" clearance)
• Damage caused by pets if the tenancy did not permit them

Each of these has to be proven. The council needs evidence that you (or someone in your household, including a visitor) caused the damage.

What recharging cannot cover

Three categories of repair are not legitimately rechargeable.

1. Section 11 repairs that are the council's statutory duty. A leaking communal pipe, a broken external door, faulty wiring in the original installation, a boiler at the end of its serviceable life: these are the council's responsibility under Section 11 of the Landlord and Tenant Act 1985. The council cannot charge you for them regardless of any policy wording.

2. Fair wear and tear. Carpets eventually wear out. Paint marks where furniture sits. Doors stick after years of seasonal humidity. These are the natural consequences of ordinary use and cannot be recharged. The Housing Act 1985 and the implied terms of every tenancy mean wear and tear is the landlord's cost.

3. Damage the council has caused or allowed. If the council failed to repair a leak for six months and the leak damaged your skirting board, the skirting board is the council's cost, not yours. The same applies where the council's contractor causes damage during a visit, or where the council's failure to deal with damp has rotted a window frame.

This third category is where the most disputes arise. Councils sometimes recharge for the consequence of their own delay. It is not lawful.

How to challenge a recharge

If you have received a rechargeable repairs invoice or notice you disagree with, the route is:

Step 1: Ask for the breakdown in writing. The council should provide an itemised quote or invoice showing what was done, when, by whom, and at what cost. If they cannot produce this, the charge is not enforceable.

Step 2: Ask for the evidence that you caused the damage. Photos, dated reports, witness statements. If the council cannot show you caused the damage, the charge fails.

Step 3: Compare against the rechargeable repairs policy. Every council has a published policy. Get the latest version (it is usually on their website). Check whether the specific item is listed as rechargeable.

Step 4: Write a formal complaint. Use the council's formal complaints procedure. State the specific reason the recharge is disputed (not your responsibility, fair wear and tear, council's own fault, no evidence, no policy basis, etc.).

Step 5: If the dispute is not resolved, get advice on a claim. After the council's final response, if you are still unhappy and the underlying repair was the landlord's responsibility, you may have a claim. Call us free on 0800 030 4669 for an eligibility check.

How recharging interacts with rent and possession proceedings

Many councils add rechargeable repairs to the tenant's rent account. This is administratively convenient for them but can have serious consequences:

• The "arrears" balance includes the disputed recharge, making your rent account look worse
• If the council ever brings possession proceedings for rent arrears, the disputed recharge could be included in the claim
• The council might take it from your housing benefit or universal credit if there is a direct-payment arrangement

If you dispute a recharge, write to the council and ask them to flag the disputed amount on your account so it does not count toward arrears for possession purposes. Most councils have a process for this.

Specific common cases

"My boiler broke and they say I caused it." Boilers fail. The council has a duty to maintain heating systems under Section 11(1)(b) LTA 1985. A claim that you caused the failure needs specific evidence (you tampered with a part, you ran it dry, you fitted unauthorised modifications). Without that, the charge fails.

"My kitchen units are old and the council says I damaged them." Kitchen units have a service life. Most local-authority policies treat units over 15 to 20 years as past their replacement age. Charging you for "damage" to units already at end of life is usually not enforceable.

"They charged me for a damp survey." A damp survey is part of the landlord's investigation duty under Awaab's Law (Section 10A LTA 1985, for damp and mould since 27 October 2025) and Section 11 generally. The cost falls on the landlord. Charging the tenant for a damp survey is not lawful.

"They charged me for clearing my belongings at the end of the tenancy." Some clearance charges are lawful if you genuinely left items behind without arranging their removal. The charge should be reasonable (cost of contracted clearance), itemised, and supported by photographs of what was cleared.

Quick FAQs

Q: Can the council deduct from my deposit (or universal credit) without notice? For deposits, social housing rarely uses them. For universal credit deductions, the council has to follow the DWP process and you must have agreed to the deduction or been notified.

Q: I caused some damage but I cannot afford to pay. What now? Most councils will accept a payment plan. Ask in writing for a plan you can afford. A council that refuses a reasonable payment-plan request can be challenged through its complaints procedure.

Q: My landlord is a housing association, not a council. Does this apply? Yes. The same legal framework (Section 11 LTA 1985, Housing Act 1985, fair wear and tear) applies to housing associations as well as councils.

Free call: 0800 030 4669 | Read about Section 11 repairs

Sources

• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Housing Act 1985 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)