Landlord Won't Make Repairs

No single federal implied warranty of habitability for private rentals — this is a state common-law/statutory doctrine that varies by state; HUD only sets specific repair/habitability rules for HUD-assisted housing.

General principle

Most states recognize an implied warranty of habitability requiring landlords to maintain rental housing in a livable condition, and many states allow tenants a 'repair and deduct' remedy (paying for the repair and deducting the cost from rent, usually within statutory dollar/frequency limits) or rent withholding/escrow — but the existence, procedure, and limits of these remedies vary by state statute, so the tenant should check their specific state's landlord-tenant law.

HUD assisted housing only

For HUD-assisted housing specifically, HUD sets its own resident rights to timely repairs and a quality maintenance program under the applicable HUD occupancy handbook/lease requirements.

Source →

Landlord and Tenant Act 1985 s.11, Homes (Fitness for Human Habitation) Act 2018, and (for social housing) Awaab's Law

S11 duty

Section 11 implies a covenant that the landlord will keep in repair the structure and exterior of the dwelling (including drains, gutters, external pipes), and keep in repair and proper working order the installations for water, gas, electricity, sanitation, and space/water heating — subject to exceptions (e.g. tenant's own tenant-like-use damage, destruction by fire/flood/tempest).

HFHHA 2018

The Homes (Fitness for Human Habitation) Act 2018 requires rented homes in England to be 'fit for human habitation' (safe, healthy, free from serious hazards e.g. damp/mould, structural problems, inadequate heating, carbon monoxide, electrical/fire hazards). If not, the tenant can take the landlord to court, which can order repairs and/or compensation. Applies immediately to tenancies signed on or after 20 March 2019; tenancies signed before that date were covered from 20 March 2020 (or sooner if a new tenancy/rolling contract started).

Awaabs law status

In force for the SOCIAL rented sector only, from 27 October 2025: social landlords must fix emergency health/safety hazards within 24 hours of reporting, investigate significant damp/mould within 10 working days and make the property safe within 5 working days, and report inspection findings to the tenant within 3 working days. From 30 November 2026 this is due to expand to further hazards (excess cold/heat, falls, structural collapse, fire/explosion, electrical hazards, domestic hygiene). Does not currently apply to private rented tenancies.

Council route

Tenants of private landlords can report serious hazards to the council's environmental health team, which can assess the property under the Housing Health and Safety Rating System (HHSRS) and require the landlord to make repairs.

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