Legal Responsibilities of a Landlord

Landlords have numerous obligations and responsibilities to their property and tenants. The tenancy type dictates the responsibilities that the landlord has, but there are general obligations that must be met irrespective of tenancy type. This guide details the legal responsibilities of a landlord as well as explaining realistic expectations of tenants and what actions or inactions are likely to be considered as unlawful. Some of the following areas are the most basic rules that must be met by all landlords.

Deposits

The landlord is responsible for protecting any deposit payments through a government-approved deposit protection scheme. This is the landlord's obligation and offers tenants the financial security of knowing that their deposit is safe until its return at the end of the tenancy, assuming there are no disputes or outstanding rent payments.

Information and Documentation

Landlords are legally advised to give tenants certain information and documents. These include:

• Letting Agency Details - Landlords are obliged to provide tenants with their name and address details. If the tenancy is managed by a letting agent, the tenant should be fully aware of the agency details and the agency should offer the landlords details to the tenant.
• Energy Performance Certificates - These certificates should be provided to the tenant prior to moving in.

Repairs

Landlords tend to be responsible for the majority of repairs on their property's exterior and structure. Landlords are also obliged to ensure that utility provisions, such as water, gas and electricity channels are in full working order. The responsibility for the following areas remains with the landlord: drains, guttering, roof, chimneys, sinks, toilets, baths and walls.

Some more minor repairs tend to be the responsibility of the tenant unless otherwise agreed. These include internal decorations, garden maintenance and everyday maintenance such as light bulb replacements.

Safety Obligations

Landlords are obliged to several safety standards to legally conduct a tenancy. They include:

• Obtain a gas safety certificate for each gas appliance in the property
• Maintain gas safety and meet all recommendations specified by a gas engineer.
• All furniture supplied must meet fire safety regulations
• All electrical equipment supplied must meet safety regulations
• It is not a legal requirement, but carbon monoxide detectors are an additionally advisable measure.

Negligence

A landlord is legally obliged to ensure that their negligence does not cause harm or compromise the safety of a tenant. Negligence can occur if a landlord fails to complete repairs to the property when reported. Furthermore, dangerous or incomplete repairs can be considered as a negligent activity.

Another area of negligence may occur from statutory nuisance actions or inactions. Statutory nuisance covers considerations such as a landlord's inaction in concerns such as dampness or the growth of mould. These instances can be detrimental to a tenant's health, and this can be deemed illegal activity.

The Defective Premises Act 1972

The Defective Premises Act 1972 commands that landlords owe certain duties of care. This includes a duty to ensure that the landlord prevents personal injury or damage to the property. The act covers tenants, their family and visitors to their home. The duty is enforceable if the landlord knows or should reasonably know about a repair, even if it has not been reported by the tenant.

Personal and Contact Responsibilities

Landlords have a duty to honour tenants privacy and treat tenants in a respectful manner and with minimal disruption. Landlords may occasionally need access to the property to make repairs and in these situations, tenants are obliged to allow access. However, landlords are legally required to keep disruptions to tenants as few as possible. Furthermore, landlords are required to give tenants reasonable notice prior to visiting the property and cannot deem it appropriate to turn up too often or without prior notice. The amount of notice that a landlord gives may have formed part of the tenancy agreement.

Further on from this, landlords and anyone else employed by them will break the law if they harass a tenant or make it difficult for a tenant to live in the property. Harassment occurs in situations such as excessive contact, entering the property without prior agreement from the tenant, visiting at unsociable hours or preventing access to all or part of the property. If a landlord is found to be harassing a tenant, they could be fined or imprisoned.

Disabled Tenants

Landlords have additional legal responsibilities to tenants who have disabilities. These additional responsibilities include making reasonable adjustments to the property to ensure that the property is accessible, safe and liveable for their tenants. The considerations that a landlord must make to remain legally compliant include revising any terms or policies if they lead to a disadvantage to the disabled tenant. Also, the landlord is legally obliged to provide extra services or aids if necessary; this may include providing the tenancy agreement in a new format.