For private rented sector tenancies, landlords are obligated to perform the bulk of repairs to a property. Tenants are expected to act responsibly, and to return a property in much the same way they found it, with a few obligations themselves. Here we cover what those are…
What are tenants responsible for?
• Looking after the property by using it in a ‘tenant-like manner’.
• Keeping landlords informed about any repairs needed.
• Providing access to have repair work done.
• Ensuring the property is safe for their visitors.
What is a ‘tenant-like manner’?
The term ‘tenant-like manner’ comes from the judgement of Lord Denning in Warren v Keen back in 1953.
“The tenant must take proper care of the place. 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.”
- Lord Denning
Here we can see that acting in a tenant-like manner has a number of different components. Tenants are:
• Expected to do the little jobs someone would normally do as a householder, such as changing fuses, unblocking sinks and cleaning windows.
• Not to damage the property intentionally or through neglect.
• Not expected to repair any damage caused through fair wear and tear or the passage of time.
While landlords can reasonably expect that tenants will look after the place responsibly and do the little jobs, they’ll be responsible for the bulk of repairs.
What is ‘fair wear and tear’?
One of the most common causes of dispute at the end of a tenancy is what constitutes fair wear and tear as opposed to damage caused tenants. This isn’t surprising; damage is something tenants are liable for, while fair wear and tear is a cost landlords are expected to absorb.
While there’s no easy definition of fair wear and tear, the House of Lords defined it as unavoidable deterioration caused by ‘reasonable use of the premises by the tenant and the ordinary operation of natural forces.’ However, what constitutes ordinary operation or reasonable use will be a question of fact.
There are some sensible factors landlords and tenants should consider before deciding what tenants might be liable for:
• How long was the tenancy? As fair wear and tear is linked to the passage of time, the longer a tenancy goes on, the more likely furnishings will wear down and fixtures will need replacing.
• What condition was the property in at the start of the tenancy? Tenants are only expected to return a property in the condition it was let in, subject to fair wear and tear. As a result, landlords are less likely to be able to reclaim the full cost of an item for replacement if it was worn at the outset.
• How many occupants live in the property? The more people living in a property, the more wear and tear will occur. As such, landlords of large HMO properties are less likely to be able to reclaim damage than someone renting to a single occupant.
• How has the damage occurred? Deliberate or clearly negligent activities that cause damage are unlikely to be considered fair wear and tear, so it’s important to find out how the damage occurred.
When do tenants need to keep landlords informed of a repair?
In general, tenants will be required to inform landlords a repair is needed before the landlord is obligated to fix it, or liable for any breach of contract relating to it. However, this notice is only required in cases where tenants have controlling interest over the area the disrepair has occurred, and sometimes the landlord is liable immediately.
Providing access for repairs
Most tenancies include terms obligating tenants to allow landlords or agents access to the property for repairs or condition inspections. Even where they don’t, there’ll be a term in the contract to allow landlords access for tenancies of less seven years.
The tenant is obliged to give access to the property at reasonable times of the day to allow landlords/representatives to view the condition of the property (if provided with at least 24 hours’ notice in writing), or to carry out repairs (following reasonable notice).
What if tenants refuse access?
There’s no legal obligation on tenants to grant access requests, and this may prevent landlords from attending to the repairs.
It’s important to understand that while refusing access is a breach of contract (allowing landlords to potentially sue for damages), entering without permission may be considered a criminal act.
Landlords should make tenants aware that this is a breach of contract and they may be sued for damages resulting from this breach.
Alternatively, depending on the seriousness of the repair, landlords may also consider taking action to repossess the property or seek to enforce the contract via an injunction to gain access.
Occupier’s Liability
As occupier, tenants are also responsible for taking reasonable steps to ensure any visitors are kept reasonably safe from harm during their visit.
For further information on responsibilities, repairs, or any rental-related issues you may be having, contact us on 01525 40 22 66 or email ampthill@orchards.co.uk.
