As well as any repair responsibilities expressly set out in the tenancy agreement, common law and statute will imply terms into the agreement between you, the Landlord and the tenant which may not be stated in but are contained in law and are implied into all tenancy agreements. The Housing Act 2004 & the Housing Health and Safety Ratings System contain specific obligations for the landlord to repair the property.
The property must be in a reasonable state of repair both internally and externally, fit for human habitation at the start of the tenancy. There should be no dampness either in the form of rising damp, penetration from the outside or condensation.
Remember that if the tenant or visitors have an accident or suffer injury due to the poor condition of the property (for example a fall caused by a broken handrail or respiratory diseases caused by damp conditions), you will be liable to them for damages for personal injury. However, even if this happens you should have adequate landlords insurance to cover such an eventuality. From my experience as an Estate Agent I would recommend you use Homelet.
The main implied terms in respect of common law in relation to repairs is Quiet enjoyment a general standard clause implied into all tenancies which entitles the tenant to live in the property without disturbance (essentially from you or the agent). The tenants are however obliged to cooperate for access to the property.
Gas Appliances (Installations & Use) Regulations 1994 make it mandatory that gas appliances in rented property must be maintained in a safe condition at all times. All gas appliances in rented accommodation to be checked by a corgi registered gas engineer. Ensure a gas safety check has been carried out on pipe work, each appliance and flue every 12 months.
Use Registered Gas Installers so that they must take remedial action if an appliance fails a safety check. Any faults found must be promptly rectified and detailed records kept. A copy of the (now Gas Safety previously Corgi) Current Inspection Certificate must be left at the property If relevant a copy should be forwarded to your managing agent).
You or your agent cannot contract out of your obligations under the Regulations and you should be aware that a breach of the Regulations is a criminal offence enforced by Health & Safety Executive and may result in a custodial sentence being issued.
Landlord and Tenant Act 1985, Consumer Protection Act 1987, Electrical Equipment (Safety) Regulations 1994 & Building Regulations 2000 ensures that the fixed installation and all electrical appliances supplied by Landlord are safe. This applies throughout the life of the tenancy and any equipment supplied should be marked with the appropriate CE symbol.
Appliances should either be new or checked by a qualified electrician before the property is let. All paperwork regarding the item (i.e. receipts, warranties, certificates of inspection) should be kept for a minimum period of six years.
FIRE SAFETY REGULATIONS 1988 as amended 1989 & 1993 means that domestic items which contain upholstery, soft furnishings must comply. New furniture must also be labelled accordingly to show compliance.
From 1st January 1997, all upholstered furniture provided in privately rented accommodation was required to comply with the fire and flame-retarding requirements of the Regulations unless it was either: manufactured before 1950 or the tenancy commenced prior to March 1993.
This includes; mattresses; sofas; headboards; beds; sofa-beds; nursery furniture; scatter cushions and stretch covers for sofas.Furniture that does not comply must be removed/ replaced before tenants take occupation.
The tenants obligation to use the property in a ‘tenant like manner’ and must, according to case law, ‘treat the property as if it is their own’. They should also “do the little jobs about the place which a reasonable tenant would do” such as unblocking sinks when blocked by waste.
For the tenant to leave the property in the same condition as when they took possession, subject to fair wear and tear
An inspection should be conducted every three months to ensure that all aspects are in good order.
The property must be in a reasonable state of repair both internally and externally, fit for human habitation at the start of the tenancy. There should be no dampness either in the form of rising damp, penetration from the outside or condensation.
Remember that if the tenant or visitors have an accident or suffer injury due to the poor condition of the property (for example a fall caused by a broken handrail or respiratory diseases caused by damp conditions), you will be liable to them for damages for personal injury. However, even if this happens you should have adequate landlords insurance to cover such an eventuality. From my experience as an Estate Agent I would recommend you use Homelet.
The main implied terms in respect of common law in relation to repairs is Quiet enjoyment a general standard clause implied into all tenancies which entitles the tenant to live in the property without disturbance (essentially from you or the agent). The tenants are however obliged to cooperate for access to the property.
Gas Appliances (Installations & Use) Regulations 1994 make it mandatory that gas appliances in rented property must be maintained in a safe condition at all times. All gas appliances in rented accommodation to be checked by a corgi registered gas engineer. Ensure a gas safety check has been carried out on pipe work, each appliance and flue every 12 months.
Use Registered Gas Installers so that they must take remedial action if an appliance fails a safety check. Any faults found must be promptly rectified and detailed records kept. A copy of the (now Gas Safety previously Corgi) Current Inspection Certificate must be left at the property If relevant a copy should be forwarded to your managing agent).
You or your agent cannot contract out of your obligations under the Regulations and you should be aware that a breach of the Regulations is a criminal offence enforced by Health & Safety Executive and may result in a custodial sentence being issued.
Landlord and Tenant Act 1985, Consumer Protection Act 1987, Electrical Equipment (Safety) Regulations 1994 & Building Regulations 2000 ensures that the fixed installation and all electrical appliances supplied by Landlord are safe. This applies throughout the life of the tenancy and any equipment supplied should be marked with the appropriate CE symbol.
Appliances should either be new or checked by a qualified electrician before the property is let. All paperwork regarding the item (i.e. receipts, warranties, certificates of inspection) should be kept for a minimum period of six years.
FIRE SAFETY REGULATIONS 1988 as amended 1989 & 1993 means that domestic items which contain upholstery, soft furnishings must comply. New furniture must also be labelled accordingly to show compliance.
From 1st January 1997, all upholstered furniture provided in privately rented accommodation was required to comply with the fire and flame-retarding requirements of the Regulations unless it was either: manufactured before 1950 or the tenancy commenced prior to March 1993.
This includes; mattresses; sofas; headboards; beds; sofa-beds; nursery furniture; scatter cushions and stretch covers for sofas.Furniture that does not comply must be removed/ replaced before tenants take occupation.
The tenants obligation to use the property in a ‘tenant like manner’ and must, according to case law, ‘treat the property as if it is their own’. They should also “do the little jobs about the place which a reasonable tenant would do” such as unblocking sinks when blocked by waste.
For the tenant to leave the property in the same condition as when they took possession, subject to fair wear and tear
An inspection should be conducted every three months to ensure that all aspects are in good order.
Links a London Landlord may find useful:
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The Gas Safety Certificate London may seem like an intimidating thing to organize but follow the points above and it will lead to a registered, professional body willing to take the worry out of your hands and protect your property.
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