Rights and Responsibilities

The public sector tenancy (local authority or housing association), is usually very clear and very comprehensive about the rights and obligations of landlord and tenant. Unfortunately, the private landlord often does not take quite as much care when it comes to educating and informing the tenant, and many landlords will try to use only the most basic documentation in order to conceal their legal obligations.

The following statutory rights and responsibilities will apply to both the landlord and the tenant even if they are not included in the tenancy agreement. However, it is useful if they are included in the tenancy agreement to prevent misunderstandings later.

The Landlord

The landlord is responsible for:

1. Ensuring that the property is fit for habitation.

2. Repairs.

Under the Landlord and Tenant Act 1985, the landlord is liable to repairing the structure and exterior of the house, and installations to supplying gas, water, electricity, and for sanitation. The landlord cannot avoid this responsibility by trying to put the burden on the tenant in the tenancy agreement. If the landlord does not carry out the necessary work speedily, the tenant may have a claim against for substantial damages to compensate them for living in an un-repaired house.

3. Fire safety of furniture and furnishings.

Landlords must ensure that any furniture and furnishings that they supply meet the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations 1988. All new and second-hand furniture must meet the fire resistance requirements unless it was made before 1950. Most furniture will have a manufacturer's label on it saying if it meets the requirements. This includes any loose covers supplied with the furniture.

4. Safety of gas appliances.

Landlords are required by the Gas Safety (Installation and Use) Regulations 1998 to ensure that all gas appliances are maintained in good order and that an annual safety check is carried out by a tradesman who is registered with CORGI (Council for Registered Gas Installers). A record of the safety checks must be kept and issued to the tenant within 28 days of each annual check. Gas fires must have adequate ventilation and instructions for use. Gas cookers must have instructions for use, ignite promptly, have markings on the controls such as temperature, and manufacturers name. The cooker must not be able to be switched on accidentally. It also must not have sharp edges, or a casing that gets hot enough to cause injury. However, landlords are not responsible for maintaining gas appliances which the tenant is entitled to take with him or her at the end of the tenancy.

5. Safety of electrical appliances.

Landlords should ensure that the electrical system and any electrical appliances such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use. They must comply with an acceptable standard such as a British Standard, and a qualified electrician should assess the safety periodically. Beware of danger signs, such as, frayed cables, loose wires, scorch marks, or old style wiring (red, black and green wiring is illegal).

The Tenant

Rights

The tenant has a right to what is termed as "quiet enjoyment" of the property. This means that they have a legal right to live in the property as their home, so therefore:

1. The landlord cannot evict the tenant without a possession order from the court.
2. The landlord must ask the tenant's permission before they enter the premises.
3. If the landlord sells the freehold of the property, the tenant will retain any rights they have to remain in the property, and the tenancy will be binding on any purchaser.
4. Other issues, such as whether the tenant can keep pets, should be negotiated and included in the terms of the tenancy agreement.

Many landlords do not realise that although they may well still regard the house as 'their property', once they have granted a tenancy they have no more right to enter a property than anyone else who doesn't live there.

However, the landlord does have a legal right to enter the property at reasonable times of day to carry out the repairs for which they are responsible and to inspect the condition and state of repair of the property. They must give 24 hours' notice in writing of an inspection.

It is helpful to set out the arrangements for access and procedures for getting repairs done in the tenancy agreement. Any provision in the agreement allowing for access by the landlord must still be fair, however, within the meaning of the Unfair Terms in Consumer Contracts Regulations. A provision that allows the landlord access at any time, for any reason, and without giving reasonable notice, is likely to be held to be unfair and thus void.

Responsibilities

The tenant is responsible for:

1. Paying the rent as agreed.
2. Paying the council tax, water and sewerage charges.
3. Paying any bills for services as agreed with the landlord, such as gas electricity and telephone.
4. Taking proper care of the property.

The tenancy agreement should make it clear who is responsible for paying the council tax, phone, water, gas, and electricity bills. Although the law implies that the tenant will normally be responsible, it is best for this to be set out clearly in the tenancy agreement to avoid any disputes.