Housing Disrepair: A Checklist of a Landlord's Legal Obligations


Posted June 6, 2022 by lutherjasmin

A tenancy agreement should state the legal obligations of a landlord to keep the property in good repair. Other laws also state these responsibilities even if there is no tenancy agreement.

 
According to the Landlord and Tenant Act 1980, the following are responsibilities laid upon the landlord;
Ensure that the structure and exterior of the premises are in good repair
Keep in good repair and working order the installations for the supply of water, gas and electricity;
Ensure there are equipment for sanitation within the property;
Ensure that facilities for space heating; and installations for heating water are in good repair and working order.
Maintenance of gas appliances, ensuring that all fire regulations are met as well as to provide an energy performance certificate, proof of electrical inspections and tests for smoke and carbon monoxide alarms to the tenants.

Landlords are therefore expected to act once they are notified of any housing disrepair. When they fail to do this, the tenants can take legal actions against them.
In addition to the above stated responsibilities, the landlord is also expected to respect the privacy of the tenant and schedule appointments before any inspection in the tenant’s home. The tenancy agreement should capture how this should be done.
The landlord is also expected not to act dishonestly with his tenants but treat them fairly irrespective of gender, religious believes, sexual orientation or race.
The landlord is also prohibited from carrying out any unlawful eviction of any tenant in the property. For example, it is not right for a landlord to evict a tenant who has made complaints about a disrepair.
Additionally, landlords should carry out rent checks and be sure that potential tenants or lodgers over 18 can legally rent their property. This must be done for everyone, not only non-British citizens. He should also request for documents to prove that the person, if he is an immigrant, is legally permitted to live in the UK. These documents include a UK passport which is sufficient on its own or a UK driving license alongside a birth certificate.
As of 2018, the law also specifies that the properties of all current or renewed tenancies in England must have at least an E rating. Therefore, potential tenants should be able to see the Energy Performance Certificate (EPC) of the property.
Landlords are also expected to provide tenants with a recent copy of the ‘Government Guide: How to Rent’ document. This can be as hard copy or in PDF via email.
Furthermore, landlords should protect tenants’ deposits in a Tenancy Deposit Scheme (TDS). This scheme protects the tenant’s deposit and ensures they can get the money back. The deposit must be made with 30 days of receiving it from the tenant. The landlord is also obliged to give the tenant information about it.
Evidence of safety checks such as gas safety certificate, proof of electrical inspections and tests for smoke and carbon monoxide alarms should also be made available to the tenants.
It is also very important that landlords only apply rent increases in accordance with the law. This can be done only during a fixed-term tenancy and as long as a clause for rent review is in the tenancy agreement. If this is not captured in the agreement, then they can only make an increase to the rent once a year through the use of a Section 13 notice.


Disrepair prevention is a duty of both the Landlord and the tenant. While the landlord has the obligation to ensure that the property is in good repair and the installations are in proper working order, the tenant should make use of the facilities provided with care.
However, if you have housing disrepair issues and have complained severally to your landlord and given him reasonable time to make the repairs, you can come to us to help you make Housing Disrepair Claims.
Our no win no fee landlord negligence claims policy still stands and so you don’t have to worry about legal fees when you come to make claims with us.
You can reach out to us via our housing disrepair helplines for a no obligation chat about the condition of your home.

Visit: https://www.housingdisrepairclaim.co.uk/
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Last Updated June 6, 2022