Landlord responsibilities
As a landlord you are always responsible for repairs to:
- the property’s structure and exterior
- basins, sinks, baths and other sanitary fittings including pipes and drains
- heating and hot water
- gas appliances, pipes, flues and ventilation
- electrical wiring
- any damage you may cause by attempting repairs
- repairing common areas, for example staircases in blocks of flats (if detailed in the tenancy agreement)
Landlords are not responsible for repair work until they know about it, so it's up to the tenant to tell you about any repairs that are needed. It’s recommended that you detail ‘reporting repairs’ as a condition of the tenancy agreement, meaning tenants have to report any problems to you even if they seem quite small or if the tenant is not too concerned about getting them fixed. It is also worth agreeing with the tenant that they should report issues straight away for faults that could damage health, for example faulty electrical wiring.
Once a repair has been reported to you, you should notify your tenant of when they can expect the repairs to be done. You will need to give them at least 24 hours notice before entering the property for repairs. There are some exceptions, for example, if there is an emergency such as a burst pipe, where you will need to give reasonable notice and not just turn up.
If there's an emergency and you can't get hold of your tenant, you can force entry if you need to get into the home. However, if you do break into the property to deal with an emergency repair, it is your responsibility to repair any damage caused.
If the repair work is to a communal area such as an entrance hall, you do not have to give notice to do the work. Tenants should continue paying rent while waiting for any type of repair, unless the tenancy agreement states otherwise.
Tenant responsibilities
The law implies a condition into every tenancy agreement that the tenant must use their home in a 'tenant-like' way, which means:
- the tenant carries out minor repairs themself, such as changing fuses and light bulbs
- keeping the home reasonably clean
- not causing any damage to the property and making sure any visitors they have don't cause damage
- using fixtures and fittings properly, for example, not blocking a toilet by flushing something unsuitable down it
- tenants should only carry out repairs if it is stated in the tenancy agreement that they can. You cannot force a tenant to carry out repairs that are your responsibility as a landlord.
If your tenant damages another tenant's flat, for example if water leaks into another flat from an overflowing bath, the tenant is responsible for paying for the repairs. The tenant is also responsible for paying to put right any damage caused by their family and friends.
The tenancy agreement may also set out some express terms on the tenant’s responsibilities for repairs, for example, that they are responsible for decorating the property.
However, as a landlord you cannot include a term in your agreement that would pass on any of your repair responsibilities to the tenant. An example of this would be that the tenant is responsible for repairs to the roof. This type of term would not have any force in law.
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