Understanding Building Safety and Structural Issues
Building safety and structural issues are central to ensuring that rental properties are safe, secure, and suitable for people to live in. In the context of renting in the UK, these terms refer to the physical condition of a property – its walls, roof, floors, foundations, and overall stability – as well as the measures in place to prevent accidents or harm.
Building safety covers everything that keeps a property safe for occupation, from the integrity of its structure to the presence of risks like loose tiles, unstable staircases, or unsafe balconies. Structural issues are specific problems that affect the core parts of a building, such as:
Cracks in walls or ceilings: These can indicate minor settling but may also be signs of serious structural movement.
Subsidence: This is when the ground beneath a property sinks, causing the building to shift or crack.
Damp and mould: Persistent dampness can weaken structural elements and pose health risks.
Unsafe repairs or alterations: Poorly carried out building work can compromise a property’s safety.
Identifying these issues early is crucial for both tenants and landlords. Left untreated, structural problems can worsen quickly, leading to costly repairs and making the property unsafe to live in.
A safe and structurally sound home is not just a matter of comfort – it is a legal requirement. For tenants, it means peace of mind and protection from harm. For landlords, it means meeting legal obligations and avoiding penalties or legal action.
Both parties have responsibilities: landlords must ensure the property is safe before letting it and maintain it throughout the tenancy, while tenants should report any problems as soon as they arise.
Several laws set out the standards for building safety in rental housing:
The Housing Health and Safety Rating System (HHSRS), under the Housing Act 2004, requires landlords to keep properties free from hazards that could affect tenants’ health or safety.
The Landlord and Tenant Act 1985 places a duty on landlords to keep the structure and exterior of the property in good repair.
The Homes (Fitness for Human Habitation) Act 2018 gives tenants the right to take action if their home is not safe or fit to live in.
Local councils have the power to inspect properties and require landlords to carry out necessary repairs if standards are not met.
Some of the most frequent structural issues in rental properties include:
Cracked or bowing walls
Sagging roofs
Rotting timbers
Loose or missing roof tiles
Unstable chimneys or balconies
If you notice any of these problems, it’s important to report them promptly. Landlords are usually responsible for fixing structural defects, and delays can make matters worse.
Building safety also extends to other crucial areas, such as electrical safety, gas safety, and fire safety. These topics involve their own regulations and checks, which will be covered in detail in later sections.
Ensuring a property meets safety and structural standards is a shared concern and forms a key part of the rental conditions agreed between tenants and landlords. Good communication and prompt action on repairs help maintain a positive relationship and ensure everyone’s legal rights and responsibilities are respected.
If you are worried about the safety or structure of your rental home, it’s important to understand your rights and the steps you can take. Knowing the basics of building safety puts you in a stronger position to protect your wellbeing and uphold your responsibilities as a tenant or landlord.
Legal Standards for Building Safety in Rental Properties
Renting a property in the UK comes with clear legal standards to ensure every home is safe, secure, and fit to live in. Landlords are legally required to meet minimum safety and structural standards, protecting tenants from health hazards and unsafe living conditions.
By law, all rental properties must be free from serious hazards and kept in a good state of repair. The main rules are set out in the Housing Act 2004, which introduced the Housing Health and Safety Rating System (HHSRS). This system is used by local authorities to assess whether a property poses any risks to the health or safety of its occupants. Hazards can include things like damp and mould, faulty electrics, unsafe stairs, structural instability, or inadequate fire safety.
If a property is found to have serious hazards under HHSRS, the landlord must take steps to fix these issues. Failing to do so can lead to enforcement action by the local council, including improvement notices or, in extreme cases, prosecution.
Landlords have a legal duty to ensure their properties are structurally sound and do not present risks to tenants’ health or safety. This includes:
Keeping the structure and exterior in good repair (such as walls, roofs, windows, and doors)
Ensuring essential services like heating, water, gas, and electricity are safe and working
Addressing hazards such as damp, mould, or pest infestations
Providing safe access and escape routes in case of fire
These obligations apply from the start of the tenancy and throughout its duration. Regular inspections and prompt attention to repairs are part of a landlord’s responsibilities. For more details on what this involves, see our guide on landlord repair obligations.
As a tenant, you have the right to live in a property that is safe and structurally sound. If you notice problems such as cracks in the walls, leaks, faulty wiring, or anything that could be a health hazard, you should report these to your landlord as soon as possible. Landlords are required by law to address these issues promptly.
If your landlord fails to act, you can contact your local council, who can inspect the property and require the landlord to carry out necessary repairs or improvements.
The legal standards for building safety apply to all types of rental properties, including:
Private rentals
Social housing
Houses in Multiple Occupation (HMOs)
HMOs – properties rented out to three or more people forming more than one household – have additional safety requirements, such as stricter fire safety measures and regular safety checks.
Regardless of the type of rental, landlords must ensure the property is free from hazards and meets the minimum legal standards for safety and structure.
Tenants should keep records of any safety or structural issues reported to the landlord.
Landlords should arrange regular property inspections and respond quickly to repair requests.
Both parties should be aware of their rights and responsibilities to avoid disputes and ensure a safe living environment.
Understanding these legal standards helps both landlords and tenants maintain safer, healthier rental homes. For further information on related topics, explore our sections on repairs, fire safety, and landlord obligations.
Common Building Safety and Structural Issues
Cracks in walls, subsidence, damp and mould, and unsafe floors or ceilings are among the most common building safety and structural issues faced by tenants and landlords in the UK. These problems can develop in properties of any age and, if left unaddressed, may pose serious risks to the health and safety of those living in the home.
Cracks in Walls and Subsidence Cracks can appear in interior or exterior walls for a variety of reasons, from natural settling to more serious structural movement like subsidence. Small, hairline cracks are often harmless, but wide or growing cracks – especially those wider than 5mm, or which run diagonally – may indicate underlying structural issues. Subsidence is when the ground beneath a property sinks, causing the building to become unstable. Signs include doors and windows sticking, visible gaps between walls and frames, or sloping floors.
Damp, Mould, and Their Impact Damp and mould are not just unsightly; they can seriously affect indoor air quality and lead to respiratory problems, particularly for children, the elderly, or those with pre-existing health conditions. Damp patches, peeling paint, a musty smell, or visible black, green, or white mould are all signs that moisture is entering the property – often due to leaks, poor ventilation, or structural defects. You can learn more about the causes, risks, and solutions for mould and damp in our dedicated guide.
Unsafe Floors and Ceilings Floors that feel spongy, uneven, or creak excessively may be weakened by rot or water damage. Ceilings with sagging, cracks, or water stains could be at risk of collapse, particularly if there is a leak above. These hazards can lead to trips, falls, or even more serious accidents if not repaired promptly.
Health and Safety Risks Structural issues can compromise the safety of a home. For example, weakened walls or ceilings might collapse, while persistent damp can lead to pest control problems, as insects and rodents are attracted to moist environments. In severe cases, these conditions can breach the landlord’s legal duty to provide a property that is “fit for human habitation” under the Homes (Fitness for Human Habitation) Act 2018.
Early Warning Signs to Watch For Both tenants and landlords should regularly inspect properties for warning signs, including:
New or expanding cracks in walls or ceilings
Doors and windows that suddenly jam or won’t close properly
Damp patches, condensation, or mould growth
Unusual musty odours
Sagging or uneven floors
Water stains or bubbling paint on ceilings and walls
Legal Responsibilities Landlords are legally required to ensure that rental properties meet basic safety and structural standards. Tenants should report any concerns as soon as they are noticed. Ignoring these issues can lead to further damage, health risks, and legal action.
By staying alert to these common building safety and structural problems, and addressing them promptly, both tenants and landlords can help maintain a safe and healthy living environment. If you notice any of these issues, it’s important to seek advice and take action quickly to prevent further harm.
Your Rights and Responsibilities as a Tenant
As a tenant in the UK, you have important rights and responsibilities when it comes to the safety and structural condition of your home. Understanding these can help you ensure your living environment is safe, and guide you on what steps to take if problems arise.
By law, your landlord must provide you with a safe and habitable home. This means your property should be free from serious hazards, structurally sound, and meet the standards set out in the Housing Health and Safety Rating System (HHSRS) under the Housing Act 2004. Common issues that may affect safety include damp and mould, faulty wiring, broken windows, or unstable walls and ceilings. If these issues exist, they could make the property unfit to live in.
For a detailed breakdown of what landlords are legally required to repair or maintain, see what your landlord has to repair and our guide on landlord repair obligations.
If you notice any building safety or structural problems – such as cracks in walls, leaking roofs, or issues with fire exits – you should report them to your landlord or letting agent as soon as possible. It’s best to do this in writing (email or letter), clearly describing the problem and including photos if you can. Keep a record of all communications, as this may be important if you need to take further action.
While your landlord is responsible for major repairs and ensuring the property is structurally safe, you also have duties as a tenant. You are expected to take reasonable care of your home by:
Keeping it clean and ventilated to avoid problems like damp and mould.
Reporting any damage, leaks, or safety hazards promptly.
Not causing damage to the property, either deliberately or through neglect.
Promptly reporting issues helps ensure they are dealt with before they become more serious or costly to fix.
If your landlord ignores your reports or fails to carry out necessary repairs, you should follow these steps:
Send a written reminder outlining the problem and requesting a response within a reasonable timeframe (usually 14 days).
Contact your local council’s environmental health department if there is still no action. The council can inspect the property and, if needed, order the landlord to make repairs.
Seek advice or support from organisations such as Citizens Advice or Shelter.
Remember, your landlord cannot evict you simply for reporting issues or asking for repairs.
If your home remains unsafe and your landlord refuses to address serious hazards, you have further options:
Withholding rent is generally not recommended, as it could put you at risk of eviction. However, in some cases, you may be able to pay for repairs yourself and deduct the cost from your rent – this is called “rent deduction” and should only be done after seeking legal advice.
Moving out temporarily if the property is uninhabitable, but keep paying rent unless your tenancy agreement or a court says otherwise.
Applying for housing assistance if you are forced to leave due to unsafe conditions and have nowhere else to go.
For more information on your rights and the legal definitions of a safe and habitable home, you can refer to guidance from The Law Society.
Understanding both your rights and responsibilities helps ensure you live safely and know what steps to take if your home isn’t up to standard. If you need further advice, explore our related guides on repairs, fire safety, and landlord obligations.
Landlord Responsibilities and Obligations
Landlords in the UK have a legal duty to ensure that rental properties are safe, well-maintained, and structurally sound. This responsibility covers both the overall condition of the building and the safety of its occupants. Understanding these obligations helps protect tenants’ wellbeing and minimises legal risks for landlords.
By law, landlords must keep the structure and exterior of their properties in good repair. This includes roofs, walls, windows, doors, drains, gutters, and external pipes. Internal elements like staircases, floors, and ceilings must also be maintained to prevent accidents or health hazards. The Housing Health and Safety Rating System (HHSRS) is the main tool used by local authorities to assess whether a property is safe to live in.
Regular maintenance isn’t just best practice – it’s a legal requirement. Landlords are also responsible for ensuring that installations for water, gas, electricity, heating, and sanitation are kept in safe working order. For more details about specific duties, see our guide on landlord repair obligations.
The law, including the Landlord and Tenant Act 1985 and the Building Safety Act 2022, sets clear standards for property safety. Landlords must carry out regular inspections and respond promptly to any issues reported by tenants. The legal requirements for inspections, repairs, and addressing hazards are outlined in the Building Safety Act, which places a duty on building owners to proactively identify and fix safety risks, such as fire hazards or structural weaknesses.
If a tenant reports a problem – like damp, mould, loose tiles, or faulty electrics – the landlord must investigate and arrange repairs within a reasonable timeframe. For a breakdown of specific repair duties, visit what your landlord has to repair.
When tenants report dangerous repairs or unsafe conditions, landlords must act quickly. Ignoring or delaying repairs can put tenants at risk and may lead to legal action. Landlords should keep clear records of all communications with tenants and arrange for qualified professionals to assess and fix any issues as soon as possible. In urgent cases – such as gas leaks, structural collapse, or severe damp – immediate action is required.
Failure to meet safety and maintenance obligations can have serious consequences. Local authorities have the power to inspect properties and issue improvement notices if hazards are found. If a landlord fails to comply, they may face fines, be ordered to carry out repairs, or even be prosecuted in severe cases. Tenants may also have the right to withhold rent or seek compensation for unaddressed safety issues.
Open and timely communication between landlords and tenants is essential for maintaining a safe home. Tenants should report any problems as soon as they arise, and landlords should respond promptly and keep tenants informed about repair timescales and progress. Good communication helps prevent minor issues from becoming major hazards and ensures everyone understands their rights and responsibilities.
If you’re unsure about your obligations or need advice on a specific situation, exploring our related guides on repairs, fire safety, and landlord responsibilities can provide further support.
How to Identify and Report Building Safety Problems
Ensuring your rental property is safe and structurally sound is a shared responsibility between tenants and landlords. Spotting potential issues early and knowing how to report them can prevent accidents, reduce long-term costs, and help everyone stay within the law. Here’s a step-by-step guide to identifying and reporting building safety problems in your rented home.
Regularly checking your home can help you catch problems before they become serious. Key areas to inspect include:
Walls and Ceilings: Look for large cracks, sagging, bulging, or any signs of water damage. These could indicate structural movement or leaks.
Floors: Uneven surfaces, soft spots, or sudden dips may point to subsidence or rot.
Windows and Doors: Difficulty opening or closing them could be a sign of structural shifting.
Damp and Mould: Persistent damp patches, mould growth, or musty smells can signal poor ventilation, leaks, or rising damp.
Staircases and Balconies: Check for loose handrails, broken steps, or signs of instability.
Fire Safety: Ensure smoke alarms work and escape routes are clear. Missing or faulty alarms are a serious hazard.
Under the Housing Health and Safety Rating System (HHSRS), landlords are legally required to keep properties free from hazards that could affect your health or safety.
Certain issues need immediate attention because they pose serious risks. These include:
Severe structural cracks or collapse risks
Exposed electrical wiring or sparking sockets
Gas leaks or the smell of gas
Flooding, large leaks, or persistent water ingress
Broken or missing fire alarms
Unsafe stairs or balconies
If you notice any of these, contact your landlord or letting agent without delay.
When you spot a problem:
Take Photographs: Capture clear images of the issue, including date stamps if possible.
Write a Description: Note when you first noticed the problem and any changes over time.
Contact Your Landlord or Agent: Report the issue in writing (email is best for a record), describing the problem and attaching your photos.
The law (Landlord and Tenant Act 1985) requires landlords to keep the structure and exterior of the property in good repair. Reporting problems promptly helps ensure your landlord fulfils their legal obligations.
For more information on your responsibilities and what to expect from your landlord, see our section on repairs and maintenance.
Maintain a file of all communications about the issue, including:
Emails, letters, or texts sent to and received from your landlord or agent
Photos and written descriptions of the problem
Dates and details of any inspections or visits
These records are important if you need to prove what was reported and when, especially if the issue escalates.
If your landlord or letting agent does not respond, or if repairs are not carried out within a reasonable time (usually within 14 days for serious issues), you can:
Contact Your Local Council: The environmental health department can inspect the property and, if necessary, order your landlord to make repairs.
Seek Legal Advice: If the problem is not resolved, you may have grounds to take legal action or withhold rent (but always get advice first).
Remember, living in a safe and healthy home is your legal right. Acting quickly and keeping thorough records will help protect you if disputes arise.
Related Safety Topics to Consider
Building safety is just one part of ensuring a rental property is safe and comfortable to live in. Many safety concerns are interconnected, and problems in one area can often affect others. For example, structural issues might impact the stability of electrical wiring or create fire hazards. Both tenants and landlords have legal responsibilities to address these overlapping risks, as outlined in the Housing Health and Safety Rating System (HHSRS) under the Housing Act 2004.
Understanding how building safety relates to other key areas can help you identify potential problems early and take action to prevent them from becoming serious hazards. Below, we highlight several related safety topics that every tenant and landlord should consider:
Electrical safety: Faulty wiring, damaged sockets, or unsafe appliances can pose serious risks, including electric shocks or fires. Landlords are legally required to have electrical installations inspected and tested at least every five years, and to provide tenants with a copy of the electrical safety report.
Fire safety: Structural features like fire doors, escape routes, and the materials used in walls and ceilings play a crucial role in protecting occupants during a fire. Landlords must ensure there are working smoke alarms on every floor and carbon monoxide alarms in rooms with solid fuel appliances, in line with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.
Heating and hot water: A safe, reliable heating system is not just about comfort – it’s a legal requirement. The Landlord and Tenant Act 1985 states that landlords must keep heating and hot water installations in proper working order. Issues with boilers or radiators can also affect the structural integrity of a property, especially if leaks go unnoticed.
Plumbing and water systems: Problems like leaks, damp, or poor drainage can weaken the structure of a building over time. They can also lead to health hazards such as mould growth. Regular checks and prompt repairs are essential to prevent minor issues from escalating.
By staying informed about these related topics, tenants can spot warning signs early and report them to their landlord, while landlords can fulfil their legal obligations and avoid costly repairs or penalties. Addressing these safety concerns together helps ensure that rental homes remain secure, healthy, and compliant with the law. For more detailed guidance on each area, explore the linked topics above.
Understanding Tenancy Agreements and Building Safety
When it comes to building safety and structural issues, your tenancy agreement plays a crucial role in defining who is responsible for keeping the property safe and well-maintained. The type of tenancy you have – such as an assured shorthold tenancy, a secure tenancy, or a licence – directly affects your rights and responsibilities, as well as those of your landlord.
Every tenancy agreement should outline who is responsible for repairs, maintenance, and ensuring the property meets legal safety standards. For most tenants, landlords are legally required to make sure the property is safe and structurally sound, meeting the standards set out in the Housing Health and Safety Rating System (HHSRS) under the Housing Act 2004. This includes making sure there are no serious hazards that could affect your health or safety, such as dangerous electrics, damp and mould, or unstable structures.
However, your specific agreement may place some minor repair responsibilities on you, such as changing light bulbs or keeping the property clean. It’s essential to check your agreement carefully to understand what is expected of both parties. For a detailed breakdown of these obligations, see tenancy agreements as explained by Shelter England.
Before moving in, always review your tenancy agreement to clarify who is responsible for repairs and ongoing maintenance. If you’re renting a house, the agreement may specify whether you or your landlord must look after things like roof repairs, fixing leaks, or dealing with structural defects. For tenants in flats, it’s important to check if the landlord or a managing agent is responsible for communal areas, such as stairwells or shared entrances.
If your agreement is unclear or omits certain responsibilities, the law still requires landlords to keep the property safe and in good repair. These are known as “implied terms”, which automatically apply even if not written down. This includes making sure the property is fit for human habitation under the Homes (Fitness for Human Habitation) Act 2018.
Your tenancy agreement must work alongside the law. Even if your agreement says you are responsible for certain repairs, your landlord cannot contract out of their legal duties to provide a safe and habitable home. For example, landlords must ensure the property is free from serious hazards, has safe gas and electrical installations, and meets fire safety regulations. If your landlord fails to meet these standards, you may have the right to take legal action, such as reporting the issue to your local council or seeking compensation.
Understanding how your agreement interacts with legal safety standards is key to protecting your rights. If you are unsure about your responsibilities, or if you believe your landlord is not meeting theirs, you can find more information about rental conditions and your legal options elsewhere on our site.
For further guidance on what to expect from your tenancy agreement and how it affects building safety, consult Disrepair and safety responsibilities – Shelter England. This resource explains both landlord and tenant duties in detail, helping you understand your rights and what steps to take if your home is unsafe.
Next Steps and Getting Help
If you discover building safety or structural problems in your rental property, it’s essential to take action quickly to protect your health and legal rights. Both tenants and landlords have important roles in ensuring properties remain safe and up to standard.
For Tenants: If you notice issues such as cracks in walls, signs of damp, loose fixtures, or anything that could pose a risk to your safety, report these concerns to your landlord or letting agent in writing as soon as possible. Landlords are legally required under the Housing Health and Safety Rating System (HHSRS), set out in the Housing Act 2004, to keep properties free from serious hazards. If your landlord does not respond or fails to fix the problem, you can contact your local council’s environmental health department. They have the power to inspect the property and, if necessary, order the landlord to carry out repairs.
If you feel unsafe or are at risk of homelessness because of the condition of your home, you may be eligible for housing assistance from your local authority. This support can include temporary accommodation or help finding a safer place to live.
For Landlords: Landlords have a legal obligation to ensure their properties meet minimum safety standards. Regular inspections and prompt attention to repair requests help prevent minor issues from becoming serious hazards. If you’re unsure about your responsibilities or how to resolve a structural issue, seeking advice from a qualified surveyor or legal professional can help you stay compliant with the law and protect your tenants.
Getting Further Help: If you’re unsure about your rights or need advice on what steps to take, several organisations can help. Housing charities such as Shelter or Citizens Advice offer free, confidential guidance. Your local council’s housing team can also provide information and may intervene if safety standards are not met. For more complex situations, such as disputes or legal action, consulting a solicitor who specialises in housing law can give you clarity on your options.
Don’t Delay Action: Ignoring building safety or structural issues can put your health at risk and may lead to legal consequences. Acting promptly not only helps keep everyone safe but also ensures that you are fulfilling your legal responsibilities as a tenant or landlord. If you need support, don’t hesitate to reach out for advice or explore available housing assistance programs. Taking the right steps now can prevent bigger problems in the future.
