Repair Responsibilities for Tenants

An article explaining Repair Responsibilities for Tenants and the common repair obligations arising under a tenancy.

Your tenancy agreement outlines the landlord and tenant rights and obligations which must be complied with. For tenants, there are certain repairs that the landlord should normally carry out. These include the following:

1. The structure and exterior of the building must remain in good shape. The landlord needs to ensure that the walls, floors, window frames, drains, gutters, pipes, etc are in good repair. If something is faulty they must fix it or arrange to have it fixed.

2. Water, gas pipes, and electrical wiring also fall under the responsibility of the landlord.

3. Trouble with the basins, sinks, baths, and toilets are also required to be fixed by the landlord.

4. Heaters and water heaters must also be repaired by the landlord if they break down.

The landlord must adhere to health and safety rules set out by the government. This means that each year they must have a qualified individual inspect their rental property for health and safety compliance. Their repairing obligations set above will also affect the health and safety of the tenant(s) during the tenancy. The laws also state that a landlord must provide habitable accommodation to the tenants, which means that certain building standards must be met in order for a property to be a rental property.
In the event that a landlord is not complying with the tenancy agreement, there are a number of things that the tenant can do. They may seek action against the landlord to oblihe him/her to carry out the repairs. There is also a right to carry out repairs for themselves.

The right to repair states that tenants of registered landlords may use the scheme in order to claim compensation for repairs that the landlord does not carry out. For example if your water heater breaks down, the landlord has a certain amount of time to carry out the repair. If this time elapses and they have done nothing to repair the heater, the tenant may then repair it him/herself. The tenant can then seek a court notice which states that the landlord must either pay them for the repair or that they may set off the cost of the repair from the rent.

Before using the right to repair scheme however, it is recommended that a tenant consults a qualified professional. A professional real estate Solicitor will be able to advise on the exact manner in which the repair can be carried out. There are certain levels of compensation that a tenant is able to recover depending on what type of landlord they have and how many properties the landlord owns. Since the scheme is complicated, it is best not to act without advice. It is not advisable to just stop paying rent in the hope that the landlord will fix the problem. Doing this will give the landlord a justifiable reason to evict the tenant on the grounds that you they in rent arrears.