How to raise issues with the landlord

Talking to the landlord early on is often the quickest and easiest way of resolving problems.
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When problems arise in the tenancy it’s good to try to address these as soon as possible. Identifying issues early can make them easier to resolve. This is the case whether it’s about the landlord failing to fulfil their responsibilities (eg, carrying out repairs), the landlord breaching the tenant’s rights (eg, coming round without giving notice), or is a situation of the tenant themselves not meeting their obligations (eg, getting behind in rent).

Generally, the best starting point is always to talk to the landlord to let them know there is a problem. Tenants and landlords can often resolve problems between themselves, or with the help of an advocate, without going to mediation or the Tenancy Tribunal. This approach will generally be less stressful and less time-consuming. 

Quick tip

Tenancy Services has some useful information on Settling Disputes Through Self-resolution. It includes a step-by-step discussion guide.
Going through the steps in this booklet before raising the issue with the landlord can be really valuable for clarifying the issues and working out some possible solutions.

The following diagram gives an overview of dealing with landlord breaches

Below are some strategies to help tenants raise and resolve issues with landlords.

 

In order to make an effective complaint, it helps if the tenant has a good understanding of their legal rights and obligations, and those of their landlord. This will help the tenant to feel more confident when talking to the landlord about resolving the problem.

A request to solve an issue is most likely to be granted if what’s being asked for is fair and reasonable and proportionate to the problem the tenant has. It’s a good idea to brainstorm all the different ways that the issue might be resolved. Bringing different options or outcomes to the table can show the landlord that the tenant is willing to work cooperatively to sort things out.

If the landlord / tenant relationship sours, this can make the tenant’s life very stressful. When asking a landlord to do something (or stop doing something), it’s good if this is communicated in a friendly tone, while still making the point that the current situation is unacceptable to the tenant.

It can also be helpful to consider the situation from the landlord’s perspective, and what’s likely to be most important to them. This is not about minimising the issue that the tenant has, but it may mean that the issue can be approached with some understanding of where the landlord is coming from.

The Citizens Advice Bureau website has some useful tips for communicating effectively when dealing with disputes.

Quick tip

Remember to focus on the problem, not the person. It’s best not to be drawn into any personal confrontations.

It is helpful to have evidence, such as photos or notes, to show to the landlord in order to explain the problem. If the matter goes to mediation or the Tenancy Tribunal, evidence will be required to prove any points the tenant makes. If the situation changes over time, multiple photos might be needed.

Tenants should record each time they ask the landlord to do something (eg, repairs or maintenance), in case this is required as evidence later on. They should also record what the landlord’s response or action is.

Quick tip

If the tenant has a phone call or face-to-face meeting with the landlord they should make notes after the meeting so they have a record of what was discussed. These notes should also be dated.

Any agreement with the landlord should be dated and signed by both parties. The tenant should keep a copy.

An agreement that work is to be done should include:

  • what work is going to be done
  • who will do the work (or who will organise for the work to be done)
  • who will pay for the work (including any details about how the costs of the work are being shared)
  • when the work will be complete.

The tenant could also ask the landlord to use the FastTrack Resolution service to formalise the agreement.

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