What are my landlord’s duties?

• Every tenant is entitled to a home which is in a reasonable and habitable condition.

• In practice this means that a landlord should ensure that a property is structurally stable, free from damp, has adequate ventilation, light and heating and has an adequate drainage/sewerage system (amongst other things).

• It is the landlord’s responsibility to ensure that there are no structural issues with the property and that there are no serious health dangers to the tenant arising from the condition of the property.

As a tenant what are my responsibilities?

• As a tenant you are responsible for taking general care of the property and reporting any damage to the landlord within a reasonable time of becoming aware of any problems. This will prevent the cost of repair escalating particularly if you are found liable for the cost.

How do I know who is responsible for what repairs?

• If you are in any doubt as to what you or your landlord’s repairs duties are you should consult your tenancy agreement. This should set out who is responsible for the upkeep and repairs of certain areas such as interior decorations and maintenance of gardens.

What if repairs need to be done?

• If repairs need to be done then you should report these to the landlord as soon as you become aware of the problem (preferably in writing). The landlord must then be given a reasonable opportunity to rectify the issue.

• Please note that although landlords have a general repairing obligation in law this is by no means absolute and does not cover every minor problem in a property.

• Tenants themselves also have a duty to take reasonable care where risks are apparent to minimise any potential harm that may occur out of such repairs which are waiting to be done.

What if the landlord does not carry out the repairs?

• If your landlord fails to carry out repairs then as a tenant you may, in certain circumstances, be reasonably entitled to withhold your rent until such time as the landlord does complete the required repairs. It is important that any monies withheld in such circumstances are put into an individual account solely for this purpose (i.e. not spent!) and kept separate from any other accounts. When the landlord makes the repairs you will be expected to resume your normal rental payments and release the monies in this account to pay any overdue sums of rent.

• Please note that before taking any such steps we would always recommend you seek further legal advice on the matter and ensure/check the following:-
  • That such repairs are actually within your landlord’s responsibilities (check your tenancy agreement if in doubt); 
  • That your landlord has been made aware of such repairs; and
  • That the landlord has been given a reasonable opportunity to take steps to rectify the problem and has failed to do so.

Please note that the information above is intended only as a guide and for specific advice on any of the above or related matters we would always recommend that you seek independent legal advice.