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Repair of Toilet and Faucet


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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 1 1/2 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. I'm thinking his stay for 1 1/2 years now with him using the toilet, the repair has to be his responsibility. Am i correct? My location is the Philippines.

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The starting point is s.11 landlord and tenant act 1985 (in the absence of anything in your tenancy agreement;

(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 there is an implied condition that the occupant will act in a "tenant like manner" i.e turn off the water supply where you have a leaking pipe, change a washer to a tap, not to permit waste the issue of the defective flush seems to fall within s.11 as highlighted above.

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