Understanding the division of responsibilities between landlords and tenants when it comes to repairs is crucial for maintaining a harmonious rental relationship. In the UK, legislation such as the Landlord and Tenant Act 1985 and the Housing Act 2004 outline the obligations of landlords, ensuring tenants live in safe, habitable properties. In this article, we’ll explore who is responsible for what, providing clarity on a common source of disputes.
Landlord Responsibilities
Landlords in the UK are legally required to maintain their rental properties to a certain standard. Failing to fulfil these obligations can lead to penalties, tenant complaints, or even legal action. Below are the key areas landlords are responsible for:
1. Structural and Exterior Repairs
Landlords must ensure the property’s structure and exterior are in good condition. This includes:
- Walls, roofs, and gutters.
- External doors and windows.
- Drains, pipes, and external brickwork.
If the property suffers damage from issues like damp, leaks, or structural cracks, the landlord must address these promptly.
2. Heating and Hot Water Systems
Ensuring the property has functioning heating and hot water systems is a landlord’s responsibility. Broken boilers or heating systems must be repaired as soon as possible, particularly during colder months, to meet the standard of “habitable living conditions”.
3. Plumbing and Sanitary Installations
Landlords must keep plumbing systems in good working order. This includes sinks, toilets, baths, and showers. If there are blockages, leaks, or other issues not caused by tenant misuse, landlords must arrange for repairs.
4. Electrical Safety
By law, landlords must ensure that all electrical installations are safe at the start of the tenancy and maintained throughout. The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require landlords to carry out inspections every five years, providing tenants with a copy of the report.
5. Gas Safety
Landlords are required to ensure gas appliances and flues are safe. This involves annual inspections by a Gas Safe registered engineer, with a copy of the gas safety certificate provided to tenants.
6. Fire Safety Measures
Landlords must install smoke alarms on every storey of the property and carbon monoxide detectors in rooms with solid fuel-burning appliances. Any repairs or replacements for these devices are the landlord’s responsibility.
7. Common Areas
For properties with shared spaces, such as halls or staircases, landlords are responsible for keeping these areas safe and in good repair.
8. Infestations
While tenants must keep the property clean, significant pest or rodent infestations often fall under the landlord’s remit, especially if caused by structural issues or lack of proper maintenance.
Tenant Responsibilities
Tenants also have obligations to ensure the property remains in good condition. While landlords bear the brunt of repair responsibilities, tenants must use the property responsibly and prevent avoidable damage. Here’s what tenants need to manage:
1. General Upkeep
Tenants must keep the property reasonably clean and tidy. Neglect that leads to damage, such as mould from poor ventilation or pest issues from unhygienic practices, could make tenants liable for repairs.
2. Reporting Issues Promptly
Tenants must report any damages or issues requiring repair as soon as they arise. Delays in reporting may exacerbate problems, potentially affecting who is liable for the costs.
3. Minor Repairs
Small maintenance tasks, like changing lightbulbs, replacing fuses, or tightening loose screws, are generally the tenant’s responsibility.
4. Garden Maintenance
If the property has a garden, tenants are usually responsible for its upkeep, including mowing lawns, weeding, and keeping it tidy, unless otherwise stated in the tenancy agreement.
5. Avoiding Damage
Tenants should take care not to cause damage to the property. Accidental or deliberate damage caused by tenants or their guests must typically be repaired or compensated by the tenant.
6. Furniture Care
For furnished properties, tenants must take reasonable care of the provided furniture and report any damage. Excessive wear and tear may lead to deductions from the deposit at the end of the tenancy.
What Does the Tenancy Agreement Say?
Many responsibilities are further clarified in the tenancy agreement. Both parties should review this document to understand specific obligations. For example, the agreement may outline:
- Who is responsible for garden fences or fixtures.
- Procedures for reporting repairs.
- Whether tenants need landlord permission for DIY fixes.
What Happens in Disputes?
Disputes over repairs are not uncommon. If disagreements arise, the following steps can help:
- Communication: Open dialogue between tenants and landlords is often the quickest way to resolve issues.
- Refer to the Tenancy Agreement: This document is legally binding and should clarify most responsibilities.
- Seek Mediation: Services like the Tenancy Deposit Scheme (TDS) can mediate disputes.
- Legal Action: If the landlord fails to meet legal obligations, tenants can report issues to the local council or take legal action.
Understanding repair responsibilities is essential for a smooth landlord-tenant relationship. Landlords must uphold their legal duties to provide safe and habitable properties, while tenants should take reasonable care and report issues promptly.
If you’re a landlord looking for professional property management services, or a tenant needing advice on your rental obligations, contact Nicholas Humphreys Estate Agents today. With our expertise in the local rental market, we’re here to help you navigate your rights and responsibilities effectively.
