Renting a home for the first time can be an exceedingly thrilling thing, particularly when it happens alongside a variety of other firsts – whether your first shot at adult independence, your first year of university study or your first year moving in with a new partner. The rental world, though, can be a confusing one for new tenants. Exactly what are the landlord’s responsibilities, and where do they stop?
Maintenance and Repairs
One of the principal responsibilities a landlord has over any properties they rent is to ensure the property remains well-maintained throughout the tenancy. This includes meeting tenants’ requests for call-outs to inspect potential issues that arise during a tenancy, whether small-scale problems or larger issues such as leaks and worsening structural damage. The landlord cannot leave an unsuitable living environment, making it illegal for them to ignore or overlook essential repairs to utilities. In the event that a tenant suffers an injury due to a negligent landlord and overdue repairs, civil recourse is one of a number of possibilities.
However, there is a limit to landlord responsibilities here. When it comes to property condition, it is also the tenants’ responsibility to adhere to the tenancy agreement in keeping the property and any included contents in good condition. Wear and tear is permissible, but tenant-caused damage to non-essential parts of the home will not result in immediate repair – and will incur costs either in the short term or at the end of the tenancy.
Safety Standards and Tenants’ Health
Beyond repairs and maintenance, it is also the landlord’s responsibility to ensure the tenants have a safe living environment. There are various different laws and regulatory frameworks that point to this essential fact, from gas safety regulations to electrical and fire safety. With regard to the former, the landlord is responsible for arranging an annual gas safety inspection by a Gas Safe-registered engineer, to ensure the central heating system remains safe to use. With regard to fire safety, working smoke alarms must be fitted on each floor of a property.
Utilities and Services
Though there is a common form of tenancy agreement that folds utility, tax and internet service costs into monthly rent, this is not a standard tenancy agreement – nor is it the legal responsibility of any landlord to manage a tenant’s utilities or council tax.
Privacy
With regard to privacy, there is a key tenet that describes tenants’ rights against their landlords: ‘quiet enjoyment’. The right to quiet enjoyment is a covenant of common law, that implicitly grants tenants the right to enjoy rented private domiciles in relative peace.
The word ‘quiet’ does not relate directly to volume, and the covenant has very little to do with noise pollution laws or abatement notices; rather, it grants tenants a freedom from unwarranted or irresponsible breaches of peace. That is, it is your landlord’s responsibility to leave you alone unless requiring access or communication in service of their duties to you, or yours to them. They must give notice before arriving at your home, and must come to agreements with the tenant regarding access at all.
