Can you carry out repairs yourself and deduct the cost from your rent?

If your landlord has ignored a repair request and you are living with a serious problem, you may have heard that you can fix it yourself and take the cost off your rent. This is sometimes called the "repair and deduct" remedy. In England, the legal position is more limited than many people think. Below we set out what your options actually are.

Is there a formal right to repair and deduct in England?

There is no general statutory right for private tenants in England to carry out repairs themselves and deduct the cost from rent. The remedy exists in some forms in Scotland and for social tenants under the Right to Repair scheme, but for private tenants in England it is not a simple legal entitlement.

Some older case law has allowed tenants to withhold rent or deduct repair costs in limited circumstances, but courts have generally been reluctant to endorse this approach because it is risky for tenants and can lead to rent arrears and eviction.

If you try to deduct repair costs without legal backing, your landlord may serve a notice for rent arrears, which could lead to possession proceedings.

The Right to Repair scheme for social tenants

If you are a housing association or council tenant, you may have rights under the Right to Repair scheme. This applies to certain qualifying repairs that fall below a cost threshold and must be completed within a set timeframe.

If the repair is not done in time, you may be able to appoint another contractor and have the cost met by the landlord. You can also claim compensation of between £10 and £50. Contact your housing provider directly and ask about the Right to Repair scheme.

What private tenants can do instead

Report the repair in writing. If you have not already done so, write to your landlord or letting agent and describe the problem clearly. Keep a copy. Email is useful because it creates a record.

Give a reasonable deadline. State that if the repair is not carried out within a reasonable time, you will take further steps. What counts as reasonable depends on the severity of the problem. An emergency such as a gas leak or a total heating failure in winter requires a much faster response than cosmetic damage.

Contact your council's environmental health team. If the landlord does not respond, environmental health can inspect and serve a formal notice requiring repairs. This creates legal pressure without you having to take action yourself.

Apply to court for specific performance or a rent reduction. In some cases, a court can order a landlord to carry out repairs. A housing disrepair claim can also result in compensation for the period you have lived with the problem, and in some cases a court order requiring the repair to be done.

When might a court allow deduction?

In rare cases, courts have allowed tenants to offset repair costs against rent where the landlord clearly abandoned all responsibility and the tenant had no reasonable alternative. This is an exceptional remedy, not a routine one, and is very difficult to rely on without specialist legal advice.

If you are considering this route, you should speak to a solicitor or contact a housing advice service before withholding any rent.

Risks of withholding rent

Withholding rent, even for a genuine disrepair, puts you at risk of:

• A section 8 notice for rent arrears
• Possession proceedings if the arrears reach two months
• A negative entry on rental reference checks

This does not mean you have no rights, it means the disrepair and the rent arrears run as separate legal issues, and you could end up defending a possession claim while also pursuing a disrepair claim.

When should I contact Support for Tenants?

If your landlord has failed to carry out repairs and you are looking for the safest legal route to get them done and claim compensation, we may be able to help with a housing disrepair claim.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
• Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994 (legislation.gov.uk)