Question:
‘Hi Andy,
I’ve reported some repairs to my
landlord and they are refusing to do them, saying they are my responsibility as
a tenant. I thought all repairs in a rented property had to be done through the
landlord?
What should I do?
Thanks,
Jane’
Andy’s Answer:
Hi Jane,
Without knowing the specific
repairs to which you refer, it’s a bit difficult to give a definitive answer.
However, there are certain repairs/maintenance issues which are a tenant’s
responsibility. It’s defined as keeping the property in a ‘tenant like manner’.
Hopefully I can clear up the
issue that you have at the moment.
Firstly, both your and the
landlord’s responsibilities should be written out in the tenancy agreement
which you should have signed before you moved in.
What maintenance is a landlord’s responsibility?
Some examples of what the
landlord is expected to repair and keep in good working order includes:
·
The structure and exterior of the property (including drains, gutters,
external pipes, roof, external walls and foundations, etc.)
·
The installations in the property for the supply of gas, electricity, water and sanitation (this includes basins, sinks and other sanitary ware)
·
The installation for hot water and heating in the property
So this covers the vast majority
of repairs which might occur throughout a tenancy. More major things such as
rebuilding or reinstating the property if destroyed by fire or flood are not
expected of the landlord – touch wood they never happen.
What maintenance is a tenant’s responsibility?
As a tenant, you’re expected to
keep the property in a ‘tenant like manner’. This means a few things. It means that
landlords are not expected to repair or maintain items which tenants have
broken through negligence or misuse, or if the property is not being kept in a
tenant like manner.
There are also regular odd jobs
that might arise during occupation of a property which the tenant must deal
with. Some examples include:
·
Changing light bulbs
·
Changing batteries in smoke detectors
·
Topping up a boiler when required
·
Bleeding radiators
·
Unblocking toilets and sinks
·
Keeping the grass cut and sweeping up leaves
·
Taking care of pests
·
Wiping excess moisture away from windows (condensation)
I’ve found that the most common
argument over responsibility is condensation issues. As condensation is caused
by lifestyle (drying clothes indoors, not opening windows, etc) then it is a
tenant’s responsibility, however many people do not know the difference between
condensation and damp (of which damp is a landlord’s responsibility).
What does ‘tenant like manner’ mean?
The term ‘tenant like manner’
relates to a court case (Warren v Keen 1953). Its definition here is used as
the meaning today:
‘The tenant must take proper care
of the premises. He must, if he is going away for the winter, turn off the
water and empty the boiler. He must clean the chimneys when necessary and also
the windows. He must mend the electric light when it fuses. He must unstop the
sink when it is blocked by his waste. In short, he must do the little jobs
around the place which a reasonable tenant would do. In addition, he must not,
of course, damage the house wilfully or negligently… but apart from such
things, if the house falls into disrepair through fair wear and tear or lapse
of time, or for any reason not caused by him, the tenant is not liable to
repair it.’
I’ve always found that a good
rule of thumb is that if you owned the house, would you call in a contractor to
resolve the issue? If the answer is no, it’s most likely your responsibility as
a tenant to manage.
I hope this has answered your question.
However if you have any further questions, feel free to drop me an email
or give me a call. Email me on andy@hamletwarrington.co.uk or call on 01925
235338. If you are in the area, feel free to pop into the office – we are
based on 6 Bankside, Crosfield St, WA1 1UP. There is plenty of
free parking and the kettle is always on.
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