New-build snagging: your rights as a tenant

Moving into a brand-new or recently built home is exciting, but new builds often come with defects that need fixing in the first months. Understanding your rights as a tenant in a new build, particularly during the snagging and defects liability period, can help you get problems resolved quickly and fairly.

What is snagging?

Snagging is the process of identifying and reporting minor defects and unfinished work in a new-build property. Common snags include:

• Doors and windows that do not close properly
• Gaps, cracks, or uneven joins in plasterwork
• Missing or poorly fitted tiles
• Dripping taps or poorly connected pipework
• Incomplete or poorly finished fixtures and fittings
• Paint drips, marks, or uneven application
• Appliances that have not been properly connected or commissioned

Snagging is distinct from structural defects, which are more serious problems with the fabric of the building.

What is the defects liability period?

New-build properties typically come with a defects liability period, a period (often 12 to 24 months from completion) during which the builder or developer is responsible for fixing defects that emerge. During this period, the builder should fix defects at no cost.

If your landlord is a developer or housing association that built the property, they should have a defects liability period arrangement in place with the builder.

What are your rights as a tenant in a new-build?

As a tenant, your rights are primarily against your landlord, not the developer or builder directly. Your landlord is responsible for ensuring the property is fit for habitation and for keeping it in repair.

Before you move in: Your landlord should ensure the property is complete and fit for occupation. You should not be moving into a property with serious outstanding defects.

Fitness for human habitation: The Homes (Fitness for Human Habitation) Act 2018 requires your landlord to ensure the property is fit at the start of the tenancy and to keep it fit throughout. A new build with significant defects may not be fit for habitation.

Section 11 duties: The Landlord and Tenant Act 1985 requires the landlord to keep the structure, exterior, and installations in repair. This applies even in a new build.

Damp and mould in new builds: New builds can develop damp problems, particularly from condensation during the first winter as the structure dries out. Some condensation is normal, but if the damp is excessive or your landlord fails to address it, you may have a disrepair claim.

How to report snags and defects

Report all snags in writing as soon as you move in. Be specific about each item and keep a copy of your report. Take photographs and date them.

If your landlord tells you to deal directly with the developer during the defects liability period, you can try this, but your legal right to have the property repaired remains against the landlord, the developer relationship is between the landlord and the builder, not between you and the builder.

What if your landlord does nothing?

If you report defects and your landlord does not arrange repairs within a reasonable time, you have the same options as for any other disrepair:

• Escalate in writing with a formal complaint
• Contact environmental health if the defects affect health or safety
• Bring a disrepair claim

When should I contact Support for Tenants?

If your new-build home has defects or disrepair that your landlord will not fix, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
• Defective Premises Act 1972 (legislation.gov.uk)

Related articles

• What is the Fitness for Human Habitation Act?
• Damp and mould, is it the landlord's fault or mine?
• How to report damp to your landlord