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Information Corner
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Section 11 - Landlord Repairing Obligations: By
this, we understand that as a landlord you should ensure
that all the sanitary installations and heating including
pipes as well as boilers and radiators are in safe working
order at all times. Should a tenant complain that there
is a malfunctioning unit it is in your best interests to
ensure that it is fixed as soon as possible to ensure minimum
risk to the tenants health. The
Landlord and Tenant Act 1985 Section 11
1.
Disclosure of landlord's identity (a)
to keep in repair the structure and exterior of the dwelling-house
(including drains, gutters and external pipes), (b)
to keep in repair and proper working order the installations
in the dwellinghouse for the supply of water, gas and electricity
and for sanitation (including basins, sinks, baths and sanitary
conveniences, but not other fixtures, fittings and appliances
for making use of the supply of water, gas or electricity).
(c)
to keep in repair and proper working order the installations in
the dwellinghouse for space heating and heating water.
(1A)
If a lease to which this section applies is a lease of a dwelling-house
which forms part only of a building, then, subject to subsection
(1B), the covenant implied by subsection (1) shall have effect
as if- (a)
the reference in paragraph (a) of that subsection to the dwelling-house
included a reference to any part of the building in which the
lessor has an estate or interest; and (b)
any reference in paragraphs (b) and (c) of that subsection to
an installation in the dwelling-house included a reference to
an installation which, directly or indirectly, serves the dwelling-house
and which either- (i)
forms part of any part of a building in which the lessor has an
estate or interest; o (ii)
is owned by the lessor or under his control. (IB)
Nothing in subsection (1A) shall be construed as requiring the
lessor to carry out any works or repairs unless the disrepair
(or failure to maintain in working order) is such as to affect
the lessee's enjoyment of the dwelling-house or of any common
parts, as defined in section 60(1) of the Landlord and Tenant
Act 1987, which the lessee, as such, is entitled to use. (2)
The covenant implied by subsection (1) ("the lessor's repairing
covenant") shall not be construed as requiring the lessor-
(a)
to carry out works or repairs for which the lessee is liable by
virtue of his duty to use the premises in a tenant-like manner,
or would be so liable but for an express covenant on his part,
(b)
to rebuild or reinstate the premises in the case of destruction
or damage by fire, or by tempest, flood or other inevitable accident,
or (c)
to keep in repair or maintain anything which the lessee is entitled
to remove from the dwelling-house. (3)
In determining the standard of repair required by the lessor's
repairing covenant, regard shall be had to the age, character
and prospective life of the dwelling-house and the locality in
which it is situated. (3A)
In any case where- (a)
the lessor's repairing covenant has effect as mentioned in subsection
(1A), and (b)
in order to comply with the covenant the lessor needs to carry
out works or repairs otherwise than in, or to an installation
in, the dwelling-house, and (c)
the lessor does not have a sufficient right in the part of the
building or the installation concerned to enable him to carry
out the required works or repairs, then,
in any proceedings relating to a failure to comply with the lessor's
repairing covenant, so far as it requires the lessor to carry
out the works or repairs in question, it shall be a defence for
the lessor to prove that he used all reasonable endeavours to
obtain, but was unable to obtain, such rights as would be adequate
to enable him to carry out the works or repairs. (4)
A covenant by the lessee for the repair of the premises is of
no effect so far as it relates to the matters mentioned in subsection
(1)(a) to (c), except so far as it imposes on the lessee any of
the requirements mentioned in subsection (2)(a) or (c). (5)
The reference in subsection (4) to a covenant by the lessee for
the repair of the premises includes a covenant - (a)
to put in repair or deliver up in repair, (b)
to paint, point or render, (c)
to pay money in lieu of repairs by the lessee, or (d)
to pay money on account of repairs by the lessor. (6)
In a lease in which the lessor's repairing covenant is implied
there is also implied a covenant by the lessee that the lessor,
or any person authorised by him in writing, may at reasonable
times of the day and on giving 24 hours' notice in writing to
the occupier, enter the premises comprised in the lease for the
purpose of viewing their condition and state of repair. What
can the tenant do? Unfortunately
several landlords are of the impression that they do not have
to do anything. Well, you do because you have a duty of care to
your tenant! The term duty of care is valid to just about everything
we do in everyday life. We all have a duty of care to each other!
You must ensure that the dwelling is safe, hygenic and that all
the items in the property are safe to use. We all know about the
gas, Electric and Furniture regulations, but bear in mind that
you should ensure that any other possible problem could be put
down to your negligence. For example, that gutter that you have
been meaning to fix for the last two years, suddenly decides it
has given up hanging on by its’ last hinge and plummets
to the ground, hitting the tenant as they walk out of the door.
Well, you will be liable! The tenant can prosecute you for failing
in your repairing obligations and also seek compensation. Another
very good reason to ensure that you have the correct insurance
policy for being a rented property. Many
Landlords have asked us why they should repair something that
a tenant has damaged. The answer is because it is the law. As
a landlord, it is often difficult to prove that the damage was
the fault of the tenant. You can get engineers in who will say
that the heating has broken down because it has been on high all
day for the last four months, but then there is little you can
do about this. The tenant has a right to heating and if they are
cold, then they are going to turn it on and up. You have a duty
to ensure that the heating is working correctly at all times and
it does not matter how the tenant behaves. We
had an excellent case a few winters ago whereby the tenant left
the property for two months over Christmas and turned the heating
off. The pipes froze and burst and the water tank split. The water
tank was situated in the loft of a five storey house that was
being rented out for £2500 per month. Upon the tenants return
they rang the landlord and immediately informed him of the disaster.
The landlord rang us up in a panic and asked what they should
do. As we were arranging for repair men to enter and replace carpets
and decorate after getting the dryers in it occurred to us to
have a look through the tenancy agreement. Sure enough, there
was a clause that stated that the tenant must inform the landlord
if they are going to be absent from the property for more than
two weeks. Plus we had also put in the contract that the tenant
upon leaving the property for any period of time must ensure that
the heating is left on so as to avoid the freezing of any pipes.
The tenant had failed on both counts and was faced with a serious
bill to pay. Fortunately they had the foresight to take out insurance
and we all lived happily ever after. If
you have a particularly difficult tenant who complains the whole
time about things that need mending, don’t worry too much.
At least you know the property is being looked after! The term
no news is good news, does not really apply to landlords! However,
if you have a tenant who appears to be breaking everything he
touches, then your best course of action may be to serve notice
and deduct the cost of repair from the deposit. Note however,
that you will have to come to agreement with the tenant and that
it is unwise to just take the money and run! |
Tenancy Agreements: |