Repairs in Rented Homes: Who is Responsible?

Renting a home can be a convenient and flexible option for many, but questions can arise over who is responsible for repairs. Both landlords and tenants have rights and responsibilities when it comes to maintaining a rental property and it’s important to understand these. Whether you’re a landlord or a tenant, knowing who is responsible for different types of repairs can save time, avoid disputes and ensure the property remains in good condition.

In this article, we’ll explore the different repair obligations in rental homes and clarify when the landlord is responsible for fixing problems and when it’s up to the tenant.

General Responsibilities of the Landlord

The primary duty of the landlord is to ensure that the property is safe and habitable for tenants. This responsibility is a legal obligation that cannot be waived or passed on to the tenant through a tenancy agreement. Landlords are responsible for keeping the structure and exterior of the property in good repair, as well as maintaining essential services and facilities.

Some of the key areas a landlord is required to maintain include:

• The structure and exterior of the building: This includes walls, roof, windows, doors, drains and gutters.
• Plumbing and sanitation: Landlords must ensure that all water, gas and electricity supplies are functioning correctly, as well as heating and hot water systems.
• Gas appliances and fire safety: All gas appliances must be checked annually by a registered engineer. Smoke detectors should be installed on every floor, and carbon monoxide alarms must be fitted in rooms with solid fuel appliances.
• Electrical safety: Electrical systems and installations must be safe, and landlords must conduct regular inspections to ensure compliance.
• Common areas in multi-occupancy buildings: If the rental property is in a shared building, landlords are responsible for maintaining communal areas such as stairways, hallways and entrances.

It’s important to note that landlords must carry out repairs in a timely manner once a problem has been reported. If the issue poses an immediate risk to health or safety, such as a gas leak or electrical fault, the landlord should treat the repair as urgent.

Repairs the Tenant is Responsible For

While landlords have a significant responsibility for repairs, tenants are also expected to play their part in maintaining the property. Tenants are responsible for keeping the rental home in a reasonable state of cleanliness and repair. This means carrying out minor tasks and maintenance to prevent damage to the property.

The tenant’s responsibilities typically include:

• General upkeep: Tenants should ensure the property is kept clean and in good order. This includes routine maintenance like changing lightbulbs, tightening screws and checking smoke alarms.
• Damage caused by the tenant: If a tenant, their guests or pets cause damage to the property, the tenant is responsible for repairing or paying for those repairs. For instance, if a tenant accidentally breaks a window or damages flooring, they would need to cover the costs of the repair.
• Gardening: If the property includes a garden, the tenancy agreement may stipulate that the tenant must keep it maintained. This could involve tasks like mowing the lawn or trimming hedges.
• Reporting issues promptly: If the tenant notices any problems with the property, they are responsible for reporting the issue to the landlord as soon as possible. Failing to do so could result in the tenant being held liable for worsening the damage.

What Happens if Repairs are Not Done?

When landlords fail to carry out necessary repairs, tenants have several options. It’s important for tenants to understand their rights and to follow the correct process if issues persist.

1. Reporting the problem: The first step is to notify the landlord in writing about the repair. This creates a paper trail and ensures the tenant has evidence if the issue is not addressed.
2. Allowing time for repairs: Landlords should be given reasonable time to make repairs. The time allowed will depend on the severity of the problem, but urgent issues like broken heating in the winter or water leaks should be treated promptly.
3. Taking further action: If the landlord does not respond, the tenant can escalate the matter by reporting the problem to their local council or environmental health department. In extreme cases, tenants may be able to arrange the repair themselves and deduct the cost from the rent, though this step should only be taken with caution and after seeking legal advice.

Landlord’s Right of Access

While landlords are responsible for repairs, tenants have the right to privacy in their homes. This means landlords must give reasonable notice (usually 24 hours) before entering the property to inspect it or carry out repairs. The tenant must agree to the visit unless it’s an emergency, such as a gas leak or flooding, in which case immediate access can be sought.

Preventing Disputes

Both landlords and tenants can prevent repair disputes by being clear about their responsibilities from the outset. Having a well-drafted tenancy agreement that outlines repair obligations is essential. Open communication is also key. Tenants should report issues quickly and landlords should respond in a timely manner.

Tenants should always keep a record of any communication with the landlord regarding repairs. Photographs of the issue can also be helpful, particularly if it leads to a dispute later.

Know Your Rights and Responsibilities

Understanding who is responsible for repairs in a rented home is important for both landlords and tenants. Landlords must ensure that the property is safe and well-maintained, while tenants have a duty to look after the property and promptly report any problems. By knowing their respective responsibilities and maintaining open communication, both parties can ensure that the property remains in good condition and disputes are avoided. If you’re a landlord looking for advice on managing repairs, or a tenant unsure about your repair rights, contact Lovelle Estate Agency today. Our expert team is here to help guide you through the process and ensure that your property is well-maintained and your rights are protected.