A landlord living abroad is under essentially the same statutory and contractual obligations as a landlord living in England or Wales. Living overseas is not a defence to a disrepair claim. The question is how the landlord ensures those obligations are discharged in practice.
The starting point is the landlord's repairing obligations under section 11 of the Landlord and Tenant Act 1985 (for most tenancies of less than seven years), together with any express repairing obligations in the tenancy agreement. Where the property is affected by damp, mould or other hazards, the landlord must also comply with the Homes (Fitness for Human Habitation) Act 2018 and the Housing Health and Safety Rating System (HHSRS) under the Housing Act 2004.
An overseas landlord should have systems in place to respond promptly to reports of disrepair.
Good practice includes:
- Appointing a competent managing agent in England or Wales with authority to arrange repairs.
- Providing tenants with a reliable UK contact for reporting repairs.
- Keeping detailed written records of all complaints and responses.
- Instructing contractors promptly.
- Inspecting the property periodically, either personally or through an agent.
- Ensuring adequate landlord insurance remains in place.
If the landlord chooses to self-manage from abroad, they should have reliable contractors who can attend the property quickly. Modern technology allows much of this to be managed remotely, but delays caused by time differences or travelling are unlikely to excuse a failure to repair.
If the tenant reports disrepair, the landlord should:
- Acknowledge the complaint promptly.
- Request photographs or videos if appropriate.
- Arrange an inspection within a reasonable time.
- Obtain quotations if necessary.
- Authorise repairs immediately where liability is clear.
- Keep the tenant updated throughout.
The landlord should not insist on seeing the problem personally before authorising urgent repairs if that would cause unnecessary delay.
Where court proceedings are issued, an overseas landlord can:
- Instruct solicitors in England and Wales.
- Participate in hearings remotely where permitted by the court.
- Sign witness statements abroad.
- Give evidence by video link if the court grants permission.
The landlord's overseas residence does not prevent them defending a claim.
However, there are several pitfalls.
If the landlord ignores repair requests because they are abroad, damages can increase significantly. A tenant may recover:
- General damages for inconvenience.
- Special damages for damaged possessions.
- Orders requiring repairs.
- Costs.
Where hazards create serious risks to health, the local authority may serve an Improvement Notice under Part 1 of the Housing Act 2004. Failure to comply can result in civil penalties or prosecution.
Section 48 requires a landlord to provide the tenant with an address in England or Wales at which notices may be served. Until this is done:
- Rent is not lawfully due from the tenant (although the obligation is suspended rather than extinguished).
- The landlord may encounter procedural difficulties in enforcing tenancy obligations.
You should also check compliance with section 47 of the same Act, which requires rent demands to state the landlord's name and address.
Finally, I would challenge one assumption implicit in the question: that the landlord's residence abroad is the real issue. In many cases it is not. The more important questions are:
- Is the property professionally managed?
- Were repair reports received?
- When did the landlord acquire actual or constructive knowledge of the defect?
- Were contractors instructed within a reasonable time?
- Did the tenant allow access?
- Was any delay caused by the tenant rather than the landlord?