Who's Responsible; Landlord or Tenant? Common Property Questions Answered

Introduction

Being a residential landlord is a big responsibility and it’s important to understand your legal duties, to protect both yourself and your tenants. As a landlord, you’re likely to have questions about which responsibilities lie with you and which with your tenant. For example, who’s responsible for dealing with appliances in a rental property? Or what about weeds in the garden? If you’re wondering about any other issues relating to your rights and responsibilities as a landlord, this article will answer the most common questions.

Who is responsible for maintaining appliances at the property?

As a landlord, you are required to ensure that all electrical appliances supplied with the property (and listed in the inventory) are in a safe condition, according to the Electrical Equipment (Safety) Regulations 2016.

You also need to have an Electrical Installation Condition Report (EICR) carried out every 5 years, of which the tenant receives a copy, to cover fixed electrical parts such as showers and extractor fans, light fittings, and power sockets.

Your tenant is only responsible for the maintenance and upkeep of appliances they have provided themselves. So, if the washing machine breaks but you didn't supply it, then you don't have to fix it!

My tenant has reported asbestos at the property. Do I need to act?

Asbestos was a common building material used in many houses – it was only fully banned in the UK in 1999. In properties built before then, it can still be found in roof coverings, Artex ceiling coatings, as insulation in airing cupboards, behind fuse boxes, for pipe lagging, and more.

It is a known carcinogen when the fibres become disturbed or damaged, but it is safe when left alone. If your tenant flags up asbestos, you have a ‘duty to manage’ under the Control of Asbestos Regulation 2012 and you should have a professional asbestos survey carried out (in fact, your mortgage company may insist on it).

The plan of action to deal with asbestos depends on its current condition. If the survey reveals that the asbestos is sound and best left undisturbed, then you do not need to act further. However, if it is declared dangerous, then you need to arrange for proffesional removal.

My tenant has reported black mould at the property. Do I need to fix this?

Landlords must ensure that the rental property is ‘fit for human habitation’. Damp and mould is not only unsightly, it can pose a health risk, especially for people with respiratory problems or allergies. It also produces irritants and toxins that are harmful to human health.

If damp or mould on walls or ceilings is caused by leaking pipes, rising or penetrating damp or structural defects in the property, then it is the landlord’s job to put it right. If the tenant's lifestyle choices have caused a damp or mould problem (for example poor ventilation, not using extractor fans or drying wet washing on radiators), then they are responsible for putting things right themselves.

Who is responsible for garden maintenance at the property?

Garden maintenance is a common source of frustration for both landlords and tenants. Under Section 11 of the Landlord and Tenant Act 1985, you must keep the structure of the property in good repair, which includes areas of the garden.

The landlord can reasonably expect tenants to carry out basic garden maintenance jobs to keep their area tidy and presentable (mowing and weeding), but they will probably not expect them to do anything beyond that (repairing fences and walls) unless it has been specifically agreed beforehand.

Make sure that you cover specific garden-related clauses in your tenancy agreement such as whether or not you have permission to use any tools or equipment at the property (for example mowers), what types of plants are planted there (e.g.: no poisonous ones) and who is responsible for removing leaves from gutters.

Who is responsible for pest control at the property?

In most cases, the responsibility for pest control is covered in the tenancy agreement, which will usually state that the landlord must keep the property in a habitable state and the tenant must maintain sanitary conditions.

For example, if a structural issue, such as a hole in the roof, has caused a pest problem then this would be dealt with by the landlord. If, however, it is caused by the tenant's actions (for example leaving food out, overflowing bins, pets), then the tenant is responsible for resolving this issue.

Conclusion

Now you know. It’s easy for tenants to point the finger at landlords when something goes wrong with the property, but in reality, you might not be responsible for everything. In fact, some of the most common issues are actually down to tenants themselves and it’s important that you know this so you don’t end up paying for someone else's mistake. It's crucial that all of these factors are drawn up in your tenancy agreement, so both you and your tenant know where you stand if something goes wrong.