Repairs to the structure and interior of property
The most important obligation of a landlord in relation to repairs are set out under section 11 of the Landlord and Tenant Act 1985, that landlords of most tenancies must keep the structure and exterior of the dwelling-house in repair, and keep the installations in the dwelling-house for the supply of water, gas, electricity, sanitation, space heating and heating water in good repair and proper working order. A landlord’s obligation in relation to these things are implied by law, therefore the tenancy agreement does not have to clarify that the landlord is liable to keep these things in repair.
The landlord can be liable for disrepair that is not covered by the terms of the tenancy. This liability arises most commonly from the torts of negligence and nuisance, and the Defective Premises Act 1972.
Where a local authority carries out an inspection of rented housing and finds that it contains ‘hazards’. the authority may take enforcement action against the landlord. In addition, landlords have specific responsibilities in respect to gas and electrical safety, fire safety, furnishings, asbestos, refuse and vermin.
The landlord of a house in multiple occupation also has further responsibilities regarding fire safety, management, the number of occupiers and the condition of the property.
Parts of property retained for occupation by the landlord
The landlord also has certain responsibilities for parts of the property which they have retained for their own occupation: this could be a room in the property or common parts such as a courtyard or the roof.
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