CLA East blog: Reminder of residential property repair obligations

During the winter months it is inevitable that issues with residential properties will come to light and it is important to ensure repairs are carried out in a timely manner. Both landlords and tenants will have a vested interest in keeping their mutual property in good repair. For landlords they will want to protect their investment from decreasing in value and for tenants they will want a safe home to live in.

The question of who has responsibility for repairs and maintenance of a property is frequently asked by our CLA members and although no single article could detail all landlord responsibilities, this article aims to provide a quick guide on repair obligation for commonly granted Assured Shorthold Tenancies in England.

Within the Landlord and Tenant Act 1985 there are statutory repair provisions found in section 11, which are an implied term in all residential tenancy agreements which have a fixed term of less than 7 years, for example Assured Shorthold Tenancies.

Under this provision the landlord is responsible for keeping in good repair and working order the following:

- The structure and exterior of the property (including drains, gutters and external pipes);

- The installations in the property for the supply of water, gas and electricity, and sanitation provisions (including baths, showers, toilets, sinks), and

- The installation in the property for space heating and water heating.

Structure and Exterior

The landlords responsibility under this category is pretty straightforward and is as common sense would suggest. The structure of the property has been defined as ‘those elements of the overall dwelling-house which give it its essential appearance, stability and shape’. (Irvine v Moran 1991.) Other features incorporated within this category include, but are not limited to, windows, window frames, doors, drains, gutters, external pipes, walls, rendering and the roof.

The Installations

In addition to repairing these features, there is also the responsibility to ensure that they are kept in ‘proper working order’.

Electricity – all electrical installations must be maintained in safe working order including wiring, switches, light fittings and plug sockets. Landlords are legally required to have these inspected every 5 years at least and hold a valid electrical installation condition report for the property.

Gas – all gas appliances, fittings and installations must be kept in working condition and the landlord must ensure a gas safety inspection is completed every 12 months.

Water – landlords must ensure the supply of running water. They are also required to provide and repair facilities including basins, sinks, showers and water tanks etc. Residential landlords are required to carry out risk assessments to demonstrate they have assessed and taken steps to mitigate the risk of legionnaires’ disease within the property.

Sanitation – the landlord must provide and maintain working toilets, sewerage and drainage systems.

Heating & hot water – it is the responsibility of the landlord to provide and maintain heating and hot water supply. All boilers should have an annual service.

Fire and Smoke alarms – landlords are required to have at least one smoke alarm fitted on every storey of a dwelling. A carbon monoxide alarm should be fitted next to any combustible solid fuel source in the property i.e. fireplace. Landlords must ensure these are all working on the first day of each new tenancy. Following that, the operation of these should be checked by the tenant regularly and any faults repaired by the landlord.

What are the tenant’s responsibilities under section 11?

Tenant’s has a duty under section 11 to use the property in a tenant-like manner. This essentially means that the tenant is expected to take good care of the dwelling by carrying out day-to-day maintenance and not to do anything that would directly lead to the deterioration of the fabric of the building or the installation and facilities provided.

The landlord should expect the tenant to:

- Keep the property clean

- Heat and ventilate the property appropriately

- Use the gas and electrical installations and appliances properly and in accordance with the manufacturer guidance.

Not undertake activities which could cause damage to the property.

The tenant is also responsible for reporting any damage/repairs needed to the landlord in a timely manner, so that the landlord can take action as quickly as possible.

Landlords are only obligated to carry out repairs where they have been reported to them by the tenant or have been found on inspection of the dwelling.

Furthermore, landlords are not obligated to carry out works or repairs where the tenant has failed to use the property in a tenant-like manner and are liable for causing the damage themselves.

Annual Property Inspection

Although through granting a tenancy, the landlord is granting exclusive occupation of the property to the tenant. The tenant must however allow the landlord or an authorised agent a right of entry to view the condition of said property at reasonable times of day on the giving of 24 hours written notice.

However, it is advisable to arrange with the tenant a suitable time for both parties to complete an annual inspection. This should be an opportunity for the landlord to ensure that the tenant is treating the property in a tenant-like manner as well as the chance for both parties to discuss and highlight any repair works needed.

Organising repair works

In most circumstances it is the landlord responsibility to arrange repair works, but where the tenant is responsible they will need to seek permission from the landlord first before carry out any repair works.

It is always advisable to receive two or three quotes depending on the scale of the work to ensure a fair quote can be found. Ensure the work can be completed within a reasonable timeframe and most importantly ensure that the contractor has the relevant experience/qualifications to undertake the repairs. You should also ensure that they have the appropriate public liability insurance and professional indemnity insurance.

Accurate records of any repair works carried out should be kept along with invoice receipts.

If you would like to discuss any of these matters further please get in touch with the CLA East team on 01638 590429 or east@cla.org.uk