Practical Advice To Help You Profit From Rental Property
Your Responsibilities As A Landlord
Landlords have a duty under common law to ensure the safety of rented property and its contents so that no injury or damage is caused to the
occupants, neighbours or the public. However, in addition to common law responsibilities there are regulations which apply to let properties and
these must be adhered to by the landlord.
Landlords must maintain the structure and exterior of the house. Examples would be a leaking roof, damp, subsidence,
rotten woodwork, leaking windows, gutters, drains, external pipes and external decoration. Under the tenancy agreement, the landlord will
almost certainly be obliged to keep in repair the structure and exterior of the house. Even if this is not actually written into the
agreement the law says that it is "implied".
The tenancy agreement may say that the landlord has to repair more than just the structure or exterior, for example,
fixtures and fittings, furniture and interior decoration.
Make sure that "installations" are all working, such as gas, electricity, heating, water and sanitation , safe and fit
for use, and kept that way. Under an assured shorthold tenancy, as the landlord, you are legally responsible for the upkeep of any parts of
the building that affect the comfort of the tenant.
Pay particular attention to safety involving gas installations and appliances. Have all gas appliances checked and
serviced once a year by a C.O.R.G.I. registered engineer. The engineer will issue you with a gas safety certificate in duplicate. One copy
must be kept in your records and the other given to the tenants.
Have your electrical system checked every five years. In the intervening period check the system yourself regularly and
replace any damaged switches and sockets you find. Ideally you will also have an electrician PAT test all the electrical appliances you
provide in the house, annually, to check they are safe.
Keep a close eye on your heating system. If it breaks down you will soon hear from your tenants. Be prepared. Make
sure you know a plumber who can respond at short notice.
You are responsible for maintaining any hot water installations, as well as the supply of water itself. This includes
the pipes to and from the house.
Regularly check basins, sinks, baths, WC’s and other sanitary or drainage installations for damage or leaks.
Ensure natural light and electric lighting is maintained in each room. Make sure that windows can open for ventilation
purposes; also for escape in the event of fire.
Treat any health-threatening rising damp that occurs in the property when you purchase the property; otherwise when the
property is empty. (Don’t confuse rising damp with condensation, a more common problem caused mostly by the lifestyle of the tenants).
Keep appliances working. Whatever works when your tenant moves into the property should remain working throughout the
tenancy and it is the your responsibility as landlord to make sure it does. For example, you may have both gas fires and central heating in
your property. If a gas fire develops a fault it is your responsibility to get it repaired; you cannot tell the tenant not to use it because
there is also central heating. If you want to take a gas fire or any other appliance out of service do it between tenants, and inform new
tenants which appliances are not functional, before they move in.
The landlord is not responsible for, and does not have to repair, any appliance that tenants bring into the house, e.g.
a microwave oven, or anything added to it by the tenant. The landlord also does not necessarily have to repair damage caused by an
‘accident’, or to repair damage caused by the tenant or faults which are the tenant's responsibility under the tenancy agreement.
You are also responsible for anything else that you mutually agree with the tenant in the tenancy agreement.
You cannot make the tenant responsible for repairs for which you are legally responsible. Neither can you make him pay
for them. All the potential costs of repairs should be included as part of the rent you charge.
Tell your tenant what to do if the house needs repairs. Before a landlord can take action he must be told about the
problem. This is important because sometimes a delay in taking remedial action results in a small problem causing a large amount of
damage. For example, a leak in a first floor bathroom can damage the ceiling below to such an extent that it needs to be replaced.
Your tenants must be told to report all problems and damage to you immediately so you are able to take remedial
action. You can ask them to inform you verbally or in writing. Make sure you make a record of the problem for yourself so you don’t forget
it. Use a section of your diary to list your ‘to do’s’ - and make sure you look at it regularly.
Consider providing tenants with repair forms. When a problem occurs which needs the attention of the landlord, the
tenant completes the form and returns it to the landlord. In any case, explain your procedure for reporting repairs to the tenant when he
first moves in.