Q. I have nightmare tenants that are constantly breaking things in my apartment and causing me great expense on a regular basis. Surely there must be a limit to what I’m expected to be held responsible for as a Landlord? Can you please clarify who is liable for what when things go wrong?
A. Sounds like you have your hands full with those tenants! Landlords must maintain their rented properties by carrying out necessary repairs. But tenants also have a duty to keep properties in good repair too according to the terms of the contract they sign prior to moving in. As a landlord, you must keep your property in good condition, and any gas or electrical systems must meet specified safety standards.
You are normally responsible for repairs to:
- the structure of your property
- basins, sinks, baths and other sanitary fittings
- heating and hot water systems
- any damage you cause through attempting repairs
- all gas appliances, pipes, flues and ventilation
- Electrical wiring.
- Repair or replacement of any items/appliances that were included in the original tenancy agreement
Tenants also have responsibilities too this includes;
- keeping it reasonably clean
- not damaging the property, and ensuring that your guests don’t either
- carrying out minor maintenance (e.g. checking smoke alarm batteries and replacing light bulbs)
- Using the heating properly (e.g. not blocking flues or ventilation).
- Reporting any maintenance issues that need attention
If a tenant causes any damage to the property or the furniture, even if it’s accidental, you as the landlord will probably be able to charge you for it. Often you can negotiate using their deposit (or at least part of it) to cover the cost of any repairs or replacements; this of course would have to be with the tenant’s agreement or if in dispute would have to be handed over to the relevant tenancy deposit scheme to deal with. If a tenant is damaging another tenant’s flat – for example if they leave water to overflow and it leaks into the flat below – you should try to stop the damage from continuing. You can ask the tenant responsible for the damage to pay for the repairs. Check the terms and conditions of the original tenancy agreement to clarify any grey areas.