Being a landlord is easy when everything is running smoothly, but when something breaks down, relations with your tenant can follow quickly. In this month’s column, we unpick the thorny subject of repair and replacement obligations…
The cooker is broken in my rented property. Is it my duty to fix or the tenant’s?
The first thing to check is your tenancy agreement. Is there a clause that covers repair obligations? Depending on who drafted the document, you might find it has a sentence that reads along the following lines:
“The landlord shall keep in repair the cooker, washing machine, tumble dryer, fridge, freezer and dishwasher (if these appliances are at the property and provided by the landlord).”
But if there is no such clause, who is responsible? You need to check your tenancy agreement again for general references that may indicate to whom the duty falls and also your inventory – does it cover repair work?
As a landlord, there are certain statutory obligations imposed on you by the Landlord and Tenant Act 1985, which applies to any residential lease granted for less than seven years. Broadly speaking, it makes you responsible for the upkeep of the property’s structure and exterior, including drains, pipes, gutters and windows. In addition, you must maintain any fittings that relate to the supply of water, gas and electricity, as well as sanitary ware and any installations for space heating or hot water.
You are not required to look after other fixtures or appliances that make use of the water, gas or electricity and in my view, a cooker falls within this category. Therefore, in the absence of an express agreement, there is no statutory obligation on you to carry out the repair or replacement.
This does not mean it automatically becomes the tenant’s responsibility, however, as his or her obligation in law is to use the premises in a “tenant like manner.” The courts have given some indication of what a reasonable tenant should do to keep the property in good order, which includes looking after little jobs about the place.
So, if the cooker was broken deliberately or negligently, there would be an argument to say the replacement or repair should fall to the occupant. On the other hand, if it was installed at the property before the tenant moved in and failed during normal use, I would suggest the onus is on you, in the absence of any specific clause in your agreement.
Running repairs to properties you rent are to be expected and this is just one example of why it is really important to know the terms of your tenancy and understand the obligations imposed on you as a result. I would recommend landlords have a solicitor review their leases regularly, to ensure they remain current and you become familiar with their contents.
If you cannot resolve the matter through negotiation and you believe the tenant is in breach of the terms of your agreement, you can begin possession proceedings under Section 8 of the Housing Act 1988. An issue such as a cooker repair would be seen as a discretionary ground and this means you would need to present sufficient evidence to convince the court that granting an order would be justifiable.
For more information, telephone (0114) 218 4000, visit www.tayloremmet.co.uk and www.landlorddisputes.co.uk or follow the firm on Twitter @te_propertylaw.
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