It is well known that being a landlord comes with big responsibilities. Whether you are a veteran in the buy-to-let world or a newcomer, it is crucial to understand the legalities that come with the role of landlord.
One of the more prominent issues in tenancy is the general state of the property and its ongoing maintenance. These concerns often cause tension or disagreements between landlord and tenant, about who is responsible for these costs. In reality, there may be many occasions where the answer is not clear. You may find yourself asking, ‘is this my responsibility as landlord, or should my tenant be covering the cost’?
We have compiled a list of commonly-asked questions about the grey areas of tenancy responsibilities. We hope to clear up some of the confusion and prevent any disagreements between the landlord and tenant.
Gardening and outdoor maintenance
The maintenance of the garden and outdoor areas may be a source of frustration for both landlord and tenant. However, according to the Landlord and Tenant Act of 1985, the landlord is responsible for keeping the structural aspects of the property intact such as gutters and fences. When it comes to the expectations of the tenant, they are responsible for carrying out basic garden maintenance, such as weeding, mowing the lawn and keeping the area tidy.
Mould and leaks
Mould, damp and leaks are often found in homes, especially those near to the coast or bodies of water. The prevention of mould build up is not as simple as many believe. One needs to look at the source of the mould to determine who is responsible for the cleaning of it. Common sources include steam build-up and condensation on the walls and ceilings, in which case the tenant is responsible. Additionally, old paint can sometimes result in cases of mould and mildew and therefore the landlord is to take responsibility. Furthermore, leaks and damp related issues to the structure of the property cannot be deemed the tenant’s responsibility.
Electrical appliances
When an electrical appliance breaks there is often a back and forth between the landlord and tenant as to who is responsible for fixing said appliance. As a landlord, you are required to ensure that all electrical appliances that are supplied in the tenancy are in safe working conditions. An Electrical Installation Condition Report is carried out every 5 years to cover fixed electrical parts found in the home. The landlord is therefore responsible for all electrical appliances provided under the tenancy agreement, which should be listed under inventory. However, the tenant is responsible for their own appliances therefore if something breaks that the landlord did not provide it up to the tenant to fix.
Painting and damage to paintwork
Often long term tenants will accessorise a residential home by painting walls or hanging up pictures. However, when the tenant moves out these changes need to be remedied. These repairs can often result in issues if poorly done. Expectations regarding the painting of the entire wall versus merely patching and spot painting holes need to be made clear when the original lease is signed.
Additionally, the original state of the walls and paint needs to be well recorded as well as the date of the last paint job. It is also fair to assume general wear and tear, and expect discolouration and chipping paint. Therefore a flexible approach to responsibility is often used. The general wear and tear is the landlord’s responsibility, whereas the remedy to accessorising the home is up to the tenant.
Blocked drains
Blocked drains and pipes are caused by an array of issues. Roots growing into the pipes blocking the drain pipes or the hair of the tenant blocking the shower or bath drains. The cause of each scenario needs to be considered and reported on by a plumber and depending on the cause, the liability is established.
As a landlord, you want to avoid any misunderstandings or disagreements regarding who is responsible for what. That is why it is so important to have everything stipulated in writing in the lease and before the tenant moves in. This allows for both parties to be aware of their responsibilities and therefore protects both the landlord and tenant