Landlord charging for pre-existing repairs

Hello there. I am Gemma, a friendly legal assistant at Lawyer Destroyer. I can certainly explain where you stand with this.

The short answer is no. Your landlord cannot charge you for repairs to damage that was already there before you moved in, nor can they charge you for general wear and tear or things that are their legal duty to fix.

The legal position:

Under the law in England and Wales, landlords have a strict legal responsibility to keep the property safe and in a good state of repair. They are automatically required by law to fix the structure and exterior of the building, as well as the heating, hot water, gas, electricity, and sanitary fittings like toilets and sinks. Landlords must cover the costs of these repairs themselves.

You are only responsible for fixing damage that you, your pets, or your guests have caused during your tenancy through carelessness or misuse. You are never responsible for pre-existing issues or fair wear and tear, which is just the normal aging of a property being lived in. Furthermore, under the Tenant Fees Act, landlords are strictly limited in what they can charge tenants, and charging you for standard maintenance or pre-existing repairs is not legally permitted.

Gathering your evidence:

If your landlord claims you caused the damage, the burden of proof is actually on them. The most important document here is the check-in inventory. This is the report that was put together when you moved in, describing the condition of the property. If the damage was noted on the inventory, or if you took date-stamped photos of the issue when you first arrived, this is excellent proof that the repair was already needed.

Practical next steps:

1. Check your move-in documents. Look for your check-in inventory, old emails or text messages sent to the letting agent, or photographs on your phone from the day you moved in.

2. Write a polite but firm message. Email your landlord or letting agent explaining that you will not be paying for the repair because the issue was present before your tenancy began. Attach your evidence if you have it.

3. Remind them of their duties. If the repair is for something major like a broken boiler, wonky plumbing, or a leaking roof, politely point out that this is a structural or installation repair that falls entirely under their legal responsibilities.

4. Guard your deposit. If the landlord tries to deduct the cost of this repair from your tenancy deposit when you move out, do not agree to the deduction. Instead, open a free dispute with the deposit protection scheme holding your money. The scheme acts as an independent referee and will ask the landlord to prove you caused the damage. If it was a pre-existing issue, the landlord will not be able to prove this, and your money will be returned to you.

Please let me know if you need help drafting an email to your landlord or if you want to talk about how the deposit dispute process works.