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Don't stay quiet - Contractors' duty to report repairs

03 December 2025

Reporting repairs 1

We know that Landlords are responsible for various repairs under several different pieces of legislation. The question is... are landlords responsible if a contractor sees a repair but doesn't report it to them? The short answer is yes! 

'Notice to the agent is notice to the principle'

This principle applies for contractors entering resident's properties. If a contractor employed by the landlord sees a defect during authorised work, the landlord is deemed to know - even if the contractor doesn't report it. This is rooted in agency law and supported by cases like Stone & Rolls and Liverpool City Council v Irwin. 

If the contractor is expressly or impliedly authorised to inspect or or maintain the property, their knowledge of defects is imputed to the landlord. A good example of this is structural issues and safety hazards. 

Under common law and the Defective Premises Act 1972, contractors must perform work in a "workmanlike or professional manner" and ensure the dwelling is fit for habitation. Courts have implied a duty to warn of obvious defects or risks, especially where safety is involved. 

Reporting repairs 2
Advice to landlords - review your contract obligations

Landlords should consider including clauses in their contract to outline:

  1. The contractors duty of care to report any defects
  2. The procedure for how they are reported
  3. Timescales
  4. Required record keeping

You should have a clear procedure for how this is recorded, what actions are taken and when. You should also make it clear that if the contractor doesn't report these repairs, they become fully responsible in the event of a claim by the tenant. Legal advice is required to ensure this clause is worded correctly.

Advice for contractors and consultants - make all colleagues aware of their obligations

All colleagues delivering services in resident's homes should be made aware of their responsibility to report repairs. Here you need clear procedures to ensure everyone in your organisation is aware of this duty and the consequences for not doing so. 

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