Landlords have substantial repairing obligations that come from a variety of sources. A landlord cannot avoid any legal responsibilities relating to repair, which are stated in Section 11 of the Landlord and Tenant Act 1985.
A landlord may choose to issue a tenant with other responsibilities, such as maintaining the garden, as this is not a legal responsibility of the landlord. If unsure whether the terms of repair and maintenance in the contract are legal and fair, it is advisable to check them before signing and agreeing to the terms of the tenancy.
If no written tenancy agreement is in place, or the responsibilities for repairs are not made clear in the agreement, the landlord is still legally responsible for carrying out certain repairs to the property, as stated in Section 11 of the Landlord and Tenant Act 1985.
If a landlord has equipped the property with certain appliances at the start of the tenancy they may be responsible for maintaining these and replacing them if they are faulty. However, this would depend on what was agreed at the start of the agreement and how important such items were to the tenant when agreeing to the tenancy. A tenancy agreement may give details as to whether the landlord or tenant is responsible for repairs or the replacement of certain appliances.
The landlord is required to keep the property in good repair throughout the tenancy, so it remains up to the standard it was at the start of the agreement. If the property was not in good repair at the beginning of the tenancy the landlord may be required to repair these aspects. However, `to keep in repair' does not refer to the landlord having to make significant improvements to the property, to suit the tenant.
Landlord repair responsibilities
Interior
The landlord is responsible to maintain installations for the supply of:
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Water
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Gas (servicing once a year by a registered CORGI gas fitter)
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Electricity
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Sanitation
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Space heating and heating water
This would include cisterns, radiators, boilers, heating ducts, water tanks, baths, sinks and all the pipes for gas and water as well as electrical sockets and wiring throughout the property.
Exterior and Structure
The landlord is responsible for the exterior of the property and any structural repairs that may be needed, but this excludes garden walls, gates and outdoor paving.
The landlord would be required to repair any structural problems to the property which may occur. This could also include damage to:
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The roof
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The guttering
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Drains and exterior pipes
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Exterior walls
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Windows and doors (only as a result of structural problems, not damage by the tenant).
The landlord is not required to repair any interior problems such as internal plaster, internal doors or skirting boards, unless these are affected as a result of the exterior of the property not being in a good repair. In these circumstances the landlord would be required to ensure these aspects were restored to good working order, had they been affected by the poor exterior of the property.
The landlord would not be held responsible for any breakages caused by the tenant not abiding by the terms of the agreement and not using the property in a tenant-like manner. For example a broken window, would not be the landlord's responsibility to repair.
Landlord and Tenant Act 1985 s.11
The Landlord and Tenant Act 1985 sets out the rights and responsibilities of both landlord and tenant. Section 11 of the Act sets out who is responsible for repairing a property whilst it is being rented. The Landlord and Tenant Act 1985 refers to all short leases for residential property and tenancies agreed for a period of less than seven years ie Assured Shorthold Tenancies.
The Act came into effect on 30th October 1985 and applies to all short leases (of less than seven years) and periodic tenancies.
The Act states that where a short lease of less then seven years, or periodic tenancy, is in place then the landlord is responsible:
(a) to keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes,
(b) to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity, and
(c) to keep in repair and proper working order the installation in the dwelling for space heating and heating water