NOTES NOTESI1

A landlord and tenant can agree to divide responsibility for repairs as they wish, except for gas appliances and furniture safety, which are the responsibility of the landlord.

However, where a tenancy began after 1st April 2007 and where there is not a clear division of responsibility for repairs, the law imposes what are known as ‘default terms’.

This means that if a tenancy agreement either does not refer to repairing responsibilities, or does not describe these in enough detail, the following will apply:

The landlord is responsible for:

• Repairing the structure and exterior of the property, including exterior paintwork, drains, gutters and pipes,

• Repairing the interior of the property other than matters covered under tenant responsibilities (see below),

• Repairing any installations for the supply and use of water, gas, electricity and sanitation including baths, sinks, wash-hand basins and toilets,

• Repairing any appliances provided by the landlord,

• Repairing any installations for heating and water heating,

• Any fixtures, fittings and furnishings provided by the landlord,

• Keeping in good repair any common areas or areas required for access, and

• Keeping any area required for access adequately lit and safe to use.

The tenant is responsible for:

• Taking proper care of the property as a good tenant,

• Fixing any damage caused by tenants, household members or guests,

• Keeping the interior in reasonable decorative order, and

• Not altering the property without the landlord’s permission.

Responsibility for other repairs depends on what the landlord and tenant agree themselves.

A landlord is not responsible for maintaining gas appliances which the tenant will take with them at the end of the tenancy.