• James

James looks at - Repairs on Rented Properties - Who is Responsible?

The Tenancy Agreement should set out the responsibilities of both the landlord and the tenant.

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Generally, the Landlord is responsible for (and should bear the cost of) the following:

  • Structure and exterior of the property (walls, roof, foundations, drains, guttering, pipes, windows and doors);

  • toilets, sinks, baths (including their pipework); and

  • water and gas pipes, radiators, boilers, water tanks, fitted heaters, gas fires, fitted electric fires.

Repairs that are needed should be reported to the landlord as soon as possible to prevent further damage to the property. That further damage could be deemed the tenant's fault for not reporting the repair required/damage.

Any repairs required as a result of the tenant's (or their visitors) deliberate/negligent/malicious damage (not including general wear and tear) is usually the tenant's responsibility.

The landlord is also responsible for ensuring that the property is habitable. So if there is a problem with damp and/or mould this could make the property inhabitable. The last blog talks about condensation in the home which could be the cause of damp and/or mould. Reducing condensation caused by daily habits would ultimately be the tenants responsibility. It would, therefore, be a good idea for the landlord to list (which suits that property) the ways in which the tenant can keep condensation to a minimum in the Tenancy Agreement to avoid damage to the property and arguments between both parties. For example, if the landlord has fitted an extractor fan to the bathroom then it should be a condition of the Tenancy Agreement that the tenant uses the extractor fan to avoid condensation. If it is found that the tenant has not been using the extractor fan, which then results in damp/mould, this would be deemed as the tenant's fault and, therefore, the tenant should be responsible for remedial costs.

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BB Building Services have worked for both landlords and tenants, including landlords of housing association tenants. We have also provided full or part property renovation services to new owners of buy-to-let properties, ahead of the properties being placed on the market for rent.

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