Landlord’s right and responsibilities
Introduction
This information will be useful reading for all tenants and all landlords. It explains a landlord’s rights and responsibilities and how they differ depending on the type of tenancy agreement entered into.
The law
Some rights are provided the landlord by statute, others by common law and thirdly, some are provided by the tenancy agreement. In the eyes of the law, the tenancy agreement usually prevails unless the terms agreed have been unfair. Similarly, there are certain statutory provisions which simply cannot be negotiated.
Basic statutory rights and responsibilities
These include:
- allowing tenants to live peacefully in the accommodation (quiet enjoyment);
- carrying out some kinds of repairs;
- meeting safety requirements;
- accepting rent and providing required information;
Right to access
Landlords have a right to access the property to inspect it and do repairs, but only after giving reasonable notice (as long as it is not an emergency).
Your landlord has a right to reasonable access to carry out repairs. What ‘reasonable access’ means depends on why your landlord needs to get access. For example, in an emergency, your landlord is entitled to immediate access to carry out any necessary work.
Your landlord can also enter the property to inspect the state of repair to empty a fuel slot meter, but they should gain your permission and should give you at least 24 hours notice.
Your landlord does not have a right to enter in any other circumstances without a court order.
Quiet enjoyment
This simply means that the landlord must not pester the tenant. If the tenant is not in breach of any law or the tenancy agreement, the landlord should not contact the tenant to “check up” on them.
Changing the locks without permission
In most circumstances, your landlord cannot change the locks without your permission; however, this might differ if the change relates to a repair or if they want you to leave the property.
If your landlord wants you to leave the property then in some circumstances he or she may be able to change the locks, but you should be given reasonable notice before they do. Your landlord can do this if:
- you share facilities such as a kitchen or bathroom with your landlord;
- your landlord lives in the same building and you share facilities with a member of your landlord's family;
- you're living in your accommodation for a holiday;
- you're a hotel guest;
- you do not pay any rent
Obligations to carry out repairs
Your landlord has the right to reasonable access to the home to carry out repairs. The repairs your landlord is responsible for will depend on the type of tenancy.
Unless the repair is an emergency, they should always seek a best time to do the repairs and at least give you 24 hours notice.
Gas, electricity and water supplies
Your landlord must provide the services which are reasonably required by you. These services include the supply of gas, electricity and water.
Responsibility for bills
As the tenant you must pay for the fuel and water you use. You may pay the bill yourself, or the cost of fuel and water may be included in the rent and your landlord pays the fuel or water company’s bills. This depends on the terms of your particular agreement.
The landlord is not providing services
If the tenancy agreement specifies that your landlord should provide certain services, for example, gardening or lighting common parts, the landlord must do so.
If your landlord is not providing the agreed services, or is providing an inadequate level of service, you may wish to negotiate with the landlord to enforce the agreement.
Damage to the property
Your landlord is usually responsible for external and major structural repairs. You are usually responsible for internal decoration and for making sure that furniture and other contents, and fixtures and fittings are not damaged because of your negligence.
You will not usually be responsible for making good any deterioration caused by ‘fair wear and tear’. Your exact responsibilities will be described in the tenancy agreement.
You must take care of the property by doing the little jobs which can reasonably be expected of you, for example, unblocking drains and mending fuses.
You should also inform the landlord about any situation which could cause damage to the property, for example, a leak in the roof.
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