Description
Repair rights and responsibilities for landlords and tenants are fundamental to any Assured Shorthold Tenancy (AST) or periodic tenancy.
Understanding the legal obligations of each party is crucial to ensure the property is kept in good and safe working order.
In this guide, we will explore the landlord and tenant’s respective responsibilities for repairs, exceptions to the legal obligations, and provide helpful advice for landlords and tenants to ensure they are legally informed.
Who is Responsible for Repairs?
The repair rights and responsibilities for a landlord and tenant are set out in Section 11 of The Landlord and Tenant Act 1985. Here, the landlord is responsible for repairing and keeping in good and safe working order the structure and exterior of the premises, any furniture and equipment supplied by the landlord, and where applicable, the communal areas and gardens.
The tenant, on the other hand, is responsible for keeping the inside of the property in good and safe working order. This includes ensuring the property is kept clean and free from any damage or disrepair, and that all electrical and gas appliances supplied by the landlord are regularly maintained and in safe working order.
Structure & Exterior
The landlord is responsible for ensuring that the structure and exterior of the property, such as the walls, windows, doors, and roof, are in good condition and free from any disrepair. This also includes any boundary walls and fences, as well as any steps, paths, and drives.
Exceptions to the Legal Obligations
Under Section 11, the landlord does not have to repair any damage that has been caused by the tenant or anyone living in the property.
In the case of James v. London Borough of Hackney [2003], the landlord was not held responsible for repairing a window that had been broken by the tenant. In this case, the court ruled that the tenant was responsible for the damage and the landlord was not liable.
Another exception is where the tenant is responsible for the repair and maintenance of the property, as set out in the tenancy agreement. In the case of Moore v. Doleman [2012], the tenant was held liable for repairing a damaged door and window in the property that had been broken by their guests. The court ruled that, as the tenancy agreement stated that the tenant was responsible for any damage to the property, the tenant was liable for the repair.
Furniture & Equipment
The landlord is responsible for ensuring any furniture or equipment supplied with the property is in working order and fit for purpose. This includes any fridges, cookers, washing machines, and other electrical appliances. The landlord must also ensure that any furniture they supply meets the relevant safety standards.
Tenant Responsibilities
The tenant is responsible for keeping the inside of the property in good and safe working order. This includes keeping the property clean and free from any damage or disrepair, and ensuring all electrical and gas appliances supplied by the landlord are regularly maintained and in safe working order.
In the case of Rock v. Oldham [2013], the tenant was held liable for a gas leak in the property. The court ruled that, as the tenant was responsible for maintaining the gas appliances and there was no fault with the appliance itself, the tenant was liable for the repair.
Notice of Repairs
If the tenant notices any disrepair in the property, they must inform the landlord in writing as soon as possible. If the landlord does not respond to the tenant’s notice of repair, then the tenant may be able to pursue legal action.
Electrical Repairs
The landlord is responsible for ensuring all electrical wiring, sockets, and light fittings are in safe working order. The tenant is also responsible for regularly testing and maintaining any electrical appliances supplied by the landlord.
In the case of Coles v. Hughes [2015], the tenant was held liable for a faulty electrical socket. The court ruled that, as the tenant was responsible for maintaining the electrical appliances, the tenant was liable for the repair.
Communal Areas & Gardens
The landlord is responsible for ensuring any communal areas or gardens are in good and safe working order. This includes ensuring any steps, paths, and drives are in safe condition. Conclusion In conclusion, it is important to understand the repair rights and respon