A guide to landlords' and tenants' property repair responsibilities

Coronavirus: Everything landlords need to know - guide linkWhat are a landlord's and tenant's responsibilities in relation to repairs in a private rented property? Should tenants conduct out repairs? What are the consequences if a landlord doesn't carry out necessary repairs?

It'due south quite common for landlords and tenants to be unsure of their responsibilities when information technology comes to dwelling house repairs. Hither, we volition guide both landlords and tenants through their legal repairing responsibilities in order to avoid disputes and resolve issues quickly and efficiently. Finally, nosotros volition shed some light on which repairs are covered by landlord insurance.

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Landlords' responsibilities

Our advice in this section is for landlords on their responsibilities for belongings maintenance and repairs. What can landlords do to avert repairs from becoming a necessity?

Both our insurance claims specialists and our dispute resolution experts deal with a variety of repair related disputes, from confusion about what repairs landlords are responsible for and tenants' rights and responsibilities for repairs, to a lack of clarity over what constitutes a reasonable fourth dimension frame to carry out repairs, and a general misunderstanding of repair laws and obligations.

Every bit a landlord, the extent of your responsibility to behave out repairs volition depend partly on the terms of your tenancy agreement, the nature of the repair, and the property itself.

In most cases, landlords are responsible for the majority of repairs to the exterior and structure of a holding. Landlords cannot opt out of their legal obligations, under section 11 of the Landlord and Tenant Human action 1985, to make repairs to:

  • The exterior and structure of the property (including walls, stairs, bannisters, doors, windows, roof and guttering)
  • Sanitary fittings (basins, sinks, baths, etc) and drains and pipes
  • Boilers, heating and hot water (read more than on how to prepare your boiler for the wintertime months)
  • Gas appliances, pipes and ventilation
  • Chimneys
  • Electrical wiring and sockets
  • Damp and mould – this is often a contentious consequence and disputes are mutual over whether this is the landlord or tenant's responsibility. It can in some circumstances exist both (read more most damp and mould responsibilities )
  • Any damages caused while attempting to make repairs

These repairing obligations cannot be changed past anything written into a tenancy agreement and landlords cannot accuse tenants for any repairs that fall nether these mandatory responsibilities.

That said, landlords are but required to make repairs that they are aware of, therefore it is of import for tenants to study any repairs at the earliest opportunity to the landlord or letting amanuensis. Make sure you provide your tenants with quick and easy methods for contacting you should they have whatsoever concerns about the property. Being open and providing articulate channels of communication between y'all and your tenants is vital. Identifying a problem in the belongings early, before it escalates, will salve you significant time and money.

It'south advisable to bear out periodic property inspections to make sure that your property is in skillful repair throughout the yr. This too provides you with the opportunity to pick upward on whatsoever issues in the property and bargain with them promptly. Recollect, when you lot desire to visit your belongings and require access for an inspection, you must give your tenants at least 24 hours' written notice, except in the case of an emergency. You should also aim to schedule whatsoever inspections or repairs at reasonable times and work with your tenants to minimise disruption. Notice times or property inspections should generally exist outlined in the tenancy agreement.

Our guide, Legislation for landlords: everything you need to know covers landlord responsibilities more generally, including how to make sure that your property is compliant with gas, electric and other safety requirements.

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Fourth dimension frame for repairs

Every bit the landlord, when part of your holding which is your responsibleness is damaged or malfunctions, you must brand sure you repair it inside a 'reasonable' fourth dimension frame.

This tin can be a crusade of confusion as in that location are no clear regulations or guidelines which specify exactly what a 'reasonable' period of fourth dimension is. Something like a boiler breaking down in the middle of a cold wintertime would reasonably demand to exist repaired in a very short amount of time.

In lodge to avoid confusion over 'reasonable' fourth dimension frames, nosotros advise that you lot keep your tenants well informed virtually whatsoever repairs being carried out and how long they may accept to complete. You should be able to go this information from the contractors that you suit to do the work.

By keeping your tenants in the picture, they will understand that you are taking the issue seriously and are committed to getting it resolved. Being clear and upwards front end should requite them peace of heed and they volition probable appreciate beingness informed and kept upwardly to date.

If you neglect to make necessary repairs

If you lot do not deport out necessary repairs to your holding in line with your responsibilities, you risk damaging your relationship with your tenant. This can potentially lead to your tenants withholding rent and issuing complaints to a local authority.

"If a landlord is in alienation of their responsibilities to repair a holding and does not take care to sort problems out in a reasonable time, the tenant may exist able to withhold rent, still strict criteria would need to be met which tenants are oftentimes unaware of."

– Suzy Hershman, Head of Dispute Resolution at mydeposits

If your tenant has raised an consequence about a repair that you are responsible for, and you have not acted on it within a reasonable time, they may be entitled to conduct out the repairs themselves and deduct the cost from their rent payments.

mydeposits' expert guide, Can my tenant withhold hire?, provides more information on tenants' rights to withhold rent and the process that must be followed. Information technology also highlights the importance of meeting your responsibilities for repairs.

Every bit tenants have the right to live in a habitable property which is kept in the status it was in when they moved in, whatsoever negligent behaviour towards repairs tin pb to your tenant taking legal activeness against you.

This tin potentially result in you lot being penalised, having to recoup your tenant and incurring court fees. They may likewise contact their local council, who volition deed if they believe that the tenant's safety is existence compromised.