Landlords’ and tenants’ responsibilities
In this section we outline the repair responsibilities of both the landlord and the tenant
One of the attractions of renting for tenants is the freedom from repairs and unexpected bills, so landlords should not be resentful about doing repairs when necessary, and after all, regular maintenance preserves the value of your investment.
As a landlord you are responsible for most repairs in the property. This includes health and safety issues and repairs to, for example, electrical wiring, gas pipes, boilers, heating and hot water, chimneys and ventilation, sinks, baths, toilets, pipes and drains and any common areas including entrance halls and stairways.
Also, the structure and exterior of the building including walls, stairs and bannisters, roof, external doors and windows, paths, driveways and any outbuildings.
Legislation now sets time limits on how long a tenant should wait for repairs to be completed. Landlords must respond to requests and fix major problems within two weeks if they pose a threat to a tenant’s health and security, for example a broken boiler in the depths of winter. If a landlord fails to do this then the tenant can report the matter to their local authority, to start enforcement action.
Tenants also have obligations for keeping the property safe and in a good state of repair by reporting any items in need of attention in a timely manner. They are responsible for looking after the home by using it in a “tenant like” way, providing access for repair work to be done, and they have a duty of care to their visitors.
“Tenant like” is an implied term in any residential tenancy and generally means the tenant does minor repairs themselves, such as changing fuses and light bulbs, as well as keeping the home reasonably clean, not causing damage to the property and not blocking drains.
The tenancy agreement may also set out some specific information detailing the tenant’s responsibilities for repairs, for example, some landlords may specify in the tenancy agreement that the tenant is responsible for internal decorations.
However, it is not possible for landlords to avoid any of their statutory repairing or health and safety obligations by having terms in the agreement that would pass them on to their tenant.
Where there are obvious signs that the tenant is falling down on standards of care, the tenant should be informed both verbally and in writing without delay.
This might be general neglect causing excessive damage or deterioration to the property or to the fittings, furnishings and appliances beyond what would be deemed normal wear and tear.
The same goes for care and neglect of gardens, outside buildings, tools supplied etc. – all obligations on the tenant which are normally covered by clauses in the tenancy agreement.
The tenant should be reminded that neglect of these responsibilities could lead to a claim against the tenancy deposit, or in excess of the deposit, should there still be an issue when the check-out inspection is made.
In extreme cases the landlord could request to reinstate damage mid-term and apply for an claim against the deposit. Where issues with maintenance are identified, these should be documented and tackled at the earliest opportunity with access times for tradespeople negotiated with the tenant.
