Maintenance and Repair Obligations

Many agreements try and make the tenant responsible for maintenance and repair’ such clauses are unfair and unenforceable. and should never be relied on see Table below penalties and fines.

Landlords are always responsible for repairs to:

A tenant should use the property as a home in a responsible way.

The structure and exterior of the building – such as the walls, roof, external doors and windows.
Sinks, baths, toilets and other sanitary fittings, including pipes and drains.
Heating and hot water.
All gas appliances, pipes, flues and ventilation.
Electrical wiring.

Items that are usually defined in the inventory unless damaged by the tenant and is not a health and safety issue.

Non compliance see fines table below

Landlords are not responsible for any appliances bought by a tenant. The landlord has a vested interest in making sure that the appliances are fit for purpose, safe and not do not expose the landlord’s property to danger.

See also for reference Defective Premises Landlord Repair Obligations Section 11 Repairs

This includes-

Keeping it reasonably clean

Not damaging the property, and ensuring that their guests don’t either.

Keeping up to date with minor maintenance (e.g. checking smoke alarm batteries. Replacing light bulbs, excluding communal areas)

Using the heating properly (e.g. not blocking flues or ventilation).

If a tenant causes damage to the property or the furniture, even if it’s accidental, the landlord will probably be able to charge the tenant. But in such a case the Landlord must allow for fair wear and tear.

The Tenants are also responsible for putting right any damage to internal decorations that was caused by the disrepair or whilst repairs they are responsible for, are being carried out.

As a term of reference clauses should be included in your tenancy agreement, such as Section 4 of ours that define the Tenant ant and Landlords Care and Repair obligations of the Property

The consequences for non compliance include the tenant suing for injury and or repair, imprisonment and or fines as per the examples below

Landlord responsibility and Guidance legislation

Court Action by Fines & Penalties

The property must have all times have a valid gas safety certificate – Gas Safety (Installation and Use) regulations 1998.
HSE & Trading standards. Unlimited fine and up to two years ‘imprisonment

Furnishings Fire Safety – Fire Safety & Furnished accommodation

Trading Standards -Up to six months imprisonment a fine of up to £5,000.

To ensure the property is kept in a safe condition. – Part 1 of the Housing Act HHSRS. also see Inspections by Council & Section 80 of the Environmental Protection

Council – Up to £5000 fine and £20 every day fail to comply

The property must have all times have a valid gas safety certificate – Gas Safety (Installation and Use) regulations 1998.

HSE & Trading standards. Unlimited fine and up to two years ‘imprisonment

All electrics and electrical appliances supplied with the accommodation, are maintained in a safe condition through out the tenancy – Various see Section

Courts Up to six months imprisonment and/or a fine of up to £5,000 per instance of noncompliance.

Not to harass or illegally evict a tenant. This includes failing to maintain or repair. The Protection from Eviction Act 1977, the Criminal Law Act 1977 and the Protection from Harassment Act 1997

Councils – unlimited fine and up to two years’ in prison.

The tenant could also sue for injury and or repair