Landlord/Tenant responsibilities

[andy b]

Dear Forum,

I have mostly regulated tenancies, many of which have no formal tenancy agreements. I assume that my responsibility is to look after exterior decoration and any structural isues that may effect the property. The tenant is then responsible for interior decoration and the garden and this is the approach I take when dealing with repairs etc. I have a couple of tenants complaining about the condition of their garden paths, they have become untidy and uneven. I believe this to be their responsibility, am I right to assume this?

Andy B.

[Melboy]

I would say you are correct in your assumption and I base this on my BiL who has been on a regulated tenancy for 35 years and the Landlord has done tiddly-squat in those 35 years except to put the rent up every year.

Regulated tenancies normally have a much lower rental charge to reflect this.

Depends if you want to keep in with your tenants or not and of course how much the work would cost. Tax deductable though isn't it.

Mel.

[andy b]

I would say you are correct in your assumption and I base this on my BiL who has been on a regulated tenancy for 35 years and the Landlord has done tiddly-squat in those 35 years except to put the rent up every year.

Regulated tenancies normally have a much lower rental charge to reflect this.

Depends if you want to keep in with your tenants or not and of course how much the work would cost. Tax deductable though isn't it.

Mel.

Thanks for the reply Mel.

I'm not too bothered about keeping in with the tenants, I am planning to spend some money on some possible improvements to the properties but don't want to spend money on something that is not my responsibility or if it is my responsibility, I don't want to be dragged into court over a minor remedial issue and lose control of solicitors fees.

Thanks.

[landlady_needs_help]

Hi. I'm a newbie here. I understand that structural repairs are my responsibilty, however wear and tear usable parts like toilet and faucets, when non-functioning are tenants'. I have a tenant who's been staying with me for 2 years now and upon a recent check, has defective toilet flushes in every rest room. He doesn't want to replace them though I'm sure it has an effect on his water bill. He is insisting I change them. My location is the Philippines.

[LLAW96]

Your starting point should be be s.11 Landlord and Tenant Act 1985 which states;

(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

©to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

Although this in itself does not create any direct liabilty in relation to a garden path it creates a grey area when read in conjunction with s.4 Defective Premise Act 1972. Tenant walks down path trips on uneven path breaks leg, you could face a potential claim for damages particularly as the defect has been brought to your attention.

[Carryon Regardless]

Landlady from the Philippines I would like to say that your command of the English language is impressive.