Who is Responsible for Repairs During Property Tenancy?

Both tenants and landlords often get confused about their legal responsibility, and the lines can get a bit blurry when it comes to repairs. As a general rule, the landlord is responsible for any major repairs, while the tenant has an obligation to keep the home in a good state. For the sake of clarity, we will look at the main responsibility of both parties when it comes to maintaining the property.

The Landlord's Responsibility

Firstly, we will look at some of the repair responsibilities that will fall to the landlord. The list is extensive and will include repairs to;

• Common areas like entrance halls and stairways
• Structural damage by no fault of the tenant, as well as exterior walls, bannisters, the roof, external doors and windows
• Electrical wiring, gas, pipes and boilers
• Ventilation, fireplaces and chimneys
• Bathroom utilities, like sinks, toilets and drains

The landlord will also be liable to restore the area to its original condition after the repairs have been made - a lick of matching paint after repairing a damaged ceiling, for instance. The repairs must be carried out within a reasonable timeframe, and the costs cannot be passed on to the tenant.

It is important to note that the responsibility for repairs does not simply end with fixing what is broken.

Disabled Tenants

If the landlord takes on a disabled tenant, they also have a duty to make reasonable adjustments to ensure the comfort of the tenant, but they are not obliged to make alterations to physical features.

Health and Safety

As per the Defective Premises Act 1972, the landlord has to carry out certain duties to prevent personal injury; not only to the tenants but to everyone accessing the property as well. The house should be free from any hazards, and should be classified as "fit to live in".

A home could be considered unfit for habitation if;

• There is serious damp or mould
• There are issues with gas and electricity
• Too many tenants are occupying it
• An infestation of pests like rats and cockroaches
• It doesn't regulate the temperature and gets too hot or cold

It does not matter if the problem arose before or during the tenancy; it is the landlord's responsibility to ensure that the home is safe and secure. That said, the landlord will only be responsible for the upkeep if the problem was not caused by the tenants. If the bathroom has an extraction fan, for instance, the tenants have a duty to use it to prevent mould from creeping into the crevices.

Extra Responsibilities

While the tenancy agreement cannot make away with any basics rights to repairs, it can stipulate additional responsibilities like maintaining appliances. HMO's (Houses in Multiple Occupation) also bears more responsibility to the landlord, who in addition to routine maintenance and repairs, also has to keep an eye on waste disposal, drainage and communal areas.

The Tenant's Responsibility

According to law, tenants must behave in a "tenant like" fashion, so in turn, they need to fulfil their side of the agreement and respect the landlord's investment. They will be responsible for minor repairs and upkeep, such as replacing lightbulbs and fuses. Tenants may also be responsible for the costs of installing and repairing their own appliances.

Behaving in a "tenant like" way implies that;

• Tenants do minor repair work themselves
• Tenants keep the property reasonably clean and liveable
• They do not cause intentional or malicious damage to the property
• They use the appliances and fittings properly for its intended use

The landlord is entitled to ask tenants to pay for repair costs of intentional damage, but tenants are not responsible for the normal wear and tear that comes with living in a property.

Reporting Repairs to The Landlord

The landlord can only be held responsible for the repairs if they know about it, so it is up to the tenant to inform the landlord of the needed maintenance, on time, before the condition deteriorates further. Reporting repairs is a condition in the tenancy agreement, so the tenant has to report any problem they see, no matter how insignificant. The tenant must then also grant the landlord access to the property to carry out the necessary work to keep the property in a good condition.

Duty of Care for Visitors

If the tenant invites guests into the property, they bear the responsibility of ensuring that the guests behave themselves according to the terms of the agreement. Any damages caused by invited guests will be for the tenant's account. However, the tenant will not be liable for damages caused by vandalism.