It seems it can be an ambiguous area when it comes to the responsibility of repairs and maintenance on your property. Is it the landlords or the tenants?
The answer may well simply lay within your Assured Shorthold Tenancy. However, as part of the 1985 Landlord and Tenant Act, there are standard obligations set out which are sometimes called Section 11 repairs.
If you are a current ELA member you are likely using the standard AST templates that we provide in which case you will see the ‘Maintenance’ obligations are detailed in clause 5. By way of summary the Tenant’s covenants read as follows: “…. The Tenant agrees with the Landlord that:”
5.2 Maintenance
5.2.1 to keep and leave all drains well cleared and not to discharge any unsuitable injurious or poisonous matter or fluid into the drains and to keep all gullies eaves and gutters and down pipes free from obstruction;
5.2.2 to keep and leave the interior of Property including any Fixtures and Fittings and Furniture and Effects clean and tidy and in good and tenantable repair and otherwise in the same condition and decorative order (fair wear and tear excepted) throughout the duration of the tenancy as specified in the Inventory and Schedule of Condition;
5.2.3 to clean the windows inside and outside at least every three months and promptly to replace any cracked or broken windows or door glass to the Property broken by the Tenant or the Tenant’s invitees or guests, at the Tenant’s own cost;
5.2.4 not to cause any obstruction or damage to any of the plumbing, including drains, pipes, sinks, lavatories or cisterns at the Property;
5.2.5 to report without delay all defects and wants of repair for which the Tenant is not responsible;
5.2.6 to keep the Property free from all pests or vermin and to inform the Landlord immediately of any infestation or damage so caused;
5.2.7 to keep any smoke alarms in good working order by replacing batteries where necessary;
5.2.8 to replace all electric light bulbs, fluorescent tubes and fuses;
5.2.9 to clean the Property at the end of the tenancy, to the same standard to which the Property, and Fixtures and Fittings, and Furniture and Effects were cleaned prior to the start of the tenancy, as set out in the Inventory and Schedule of Condition;
5.2.10 to keep any garden to the Property properly cultivated with all flower beds in a weed free condition with all perennial plants and shrubs well-tended and their numbers maintained, all fruit trees properly pruned and preserved, the grass areas cut at least once every two weeks during the period 1st April to 30th September, and to maintain and keep tidy any outside areas of the Property and to keep any garden fences and hedges in good repair and condition
Please note that landlords cannot insist on a professional clean as this is unenforceable and an unfair term.
Addressing a specific matter such as keeping drains cleared for example, the responsibility lay with the tenant to keep and maintain cleared gutters and drains, but it would be the responsibility of the Landlord (and in your best interest) to ensure these form part of your regular inspection. Inspections should include the checking of:
· electrical wiring
· gas pipes and boilers
· heating and hot water
· ventilation and chimneys
· sinks, baths and toilets
· plumbing and drains
· internal and external walls
· stairs and bannisters
· doors and windows
· the roof
We also receive a lot of calls around the condition of properties following the departure of some tenants. Many landlords question how they can reclaim their deposit, what areas are their responsibility or what can be apportioned to the tenant, and subsequently what would make for an appropriate compensation claim. We will address deposits in a future Blog but if you have any burning questions do get in touch with the office and an ELA team member will be happy to help you.
コメント