What is the landlord responsible for?
Repairs and maintenance
Unless the tenancy has a fixed term of more than 7 years, the landlord is responsible under the Landlord and Tenant Act 1985 for repairs to
- The structure, fabric and exterior of the property
- Baths, sinks, basins and other sanitary installations
- Heating and hot water installations
- If the property is a flat or maisonette, other parts of the building or installations in it which are controlled or owned by the landlord and whose disrepair would affect the tenant.
The Landlord is not responsible for damage caused by the tenant.
The rent charged can include a sum to cover the cost of repairs but the Landlord cannot pass the costs on to the tenant in the form of a separate service charge.
In addition to the general repair requirement, the Landlord now also has a duty to ensure the property does not pose a risk to the health and safety of the tenants or visitors to the property. The Housing Act 2004 introduced the ‘Housing Health and Safety Rating System’, a new way of assessing properties to make homes safer.
The idea behind the new system is that all homes should provide a safe and healthy environment or all who live or visit there. it covers 29 hazards including cold, dampness, asbestos, carbon monoxide, lead, security, lighting, sanitation, water supply, falls, shocks, fires, burns, explosions and structural collapse
For further information on the Housing Health and Safety Rating System and how it affects rented properties please see the Housing Health and Safety Rating System page.
Safety of Gas and Electrical Appliances
The Landlord is required by the Gas Safety (Installation and Use) Regulations 1998 to ensure that all gas appliances are maintained in good order and that an annual safety check is carried out by a Gas Safe registered engineer. The landlord must keep a record of the annual safety check and issue it to the tenant within 28 days.
The landlord is not responsible for maintaining gas appliances that the tenant is entitled to take with them at the end of the tenancy.
The landlord must ensure that the electrical system and all the appliances supplied are safe. While there is no statutory requirement in rented property to have annual safety checks on electrical equipment, as there is with Gas, the Landlord and Tenant Act 1985 requires the landlord to ensure the electrical installation is safe when the tenancy begins and that it is maintained in a safe condition throughout the tenancy. In addition, under the Electrical Equipment (Safety) Regulations 1994, both of which come under the Consumer Protection Act 1987, there is an obligation to ensure that all electrical equipment is safe.
In order to comply with this requirement it is recommended that periodic inspections of electrical equipment are carried out by a qualified electrician and that the electrical installation is fully inspected on a 5 yearly basis by a qualified electrician to ensure that the electrical system complies with current electrical regulations and is in a safe condition.
Fire safety of furniture and furnishings
Any furniture and furnishings supplied by the landlord must meet the fire resistance requirements in Furniture and Furnishings (Fire) (Safety) Regulations 1988, unless the property is let on a temporary basis i.e. if the Landlord is working away from home.
The regulations apply to:
- Beds, headboards of beds and mattresses
- Sofa-beds, futons and other convertibles
- Nursery furniture
- Garden furniture which is suitable for use in dwelling
- Scatter cushions and seat pads
- Pillows
- Loose and stretch covers for furniture
- Extra or replacement furniture purchased for rented accommodation
The regulations do not apply to:
- Antique furniture or any furniture made before 1950
- Bed clothes including duvets
- Loose covers for mattresses
- Pillowcases
- Curtains
- Carpets
- Sleeping bags
Most modern furniture will have a manufacturers label on it which states whether it meets the requirements. Further guidance is contained in the booklet “A guide to the Furniture and Furnishings (Fire) (Safety) Regulations”. This is available free of charge from DTI Publications Order Line, Admail 528, London SW1W 8YT, telephone 0870 1502 500.
What is the tenant responsible for?
The tenant has a duty to take proper care of the property and use it in a responsible way, pay the rent as agreed and keep to the terms of the tenancy agreement.
Council tax
The tenant of the property is normally responsible for paying Council Tax, unless the property is a House in Multiple Occupation, in which case the Landlord will be responsible for paying it, although it can be included in the cost of the rent.
To avoid confusion, the tenancy agreement should set out who is responsible for paying the Council Tax.
Water and sewerage charges
The tenant will normally be responsible for paying water and sewerage charges if the property is self contained. The tenancy agreement should set out who is responsible for payment. If the Landlord does pay the charges it can be included in the cost of the rent.
Other bills
The Landlord and tenant should agree between them for the payment of other bills (such as gas, electricity and telephone etc) and the arrangement should be clearly stated in the tenancy agreement.
What rights does the Landlord have?
Access
The landlord or Landlords Agent has the right to enter the property at reasonable times of day to inspect the condition and state of repair of the property and to carry out works that the landlord is responsible for. The Landlord must give 24 hours notice in writing of an inspection.
It is helpful to set out the arrangements for access and the procedure for getting any repairs done, in the tenancy agreement.
The Landlord should seek legal advice if the tenant will not allow access to the property.
What rights does the tenant have?
Quiet enjoyment
The tenant has the legal right to live in the property as his or her home. As such the Landlord must ask permission from the tenant before entering the premises.
The Landlord cannot forcefully evict the tenant from the property without a Court Order for possession enforced by the Court Bailiffs.
Should the Landlord sell the freehold of the property, the tenant will retain any rights he or she had to remain in the property, as the tenancy will be binding on any purchaser.
Matters such as whether the tenant can keep pets and so on, should be negotiated and included in the terms of the tenancy agreement.
