Articles

• New Rules Governing Deposits for Private Short-term Tenancies  

• Repair issues for private landlords

by Tim Selley.

Many people now own "buy to let" property.  It is likely that the Landlord & Tenant Act 1985 will apply.

You will normally be responsible for:

• Keeping in repair the structure and exterior of the property including drains, gutters and external pipes.
• Keeping in repair and proper working order the installations provided in it for the supply of water, gas and electricity and for sanitation and also the installations for space and water heating.

To "keep in repair" means that you have to ensure that the premises are put into repair if not so when the tenancy starts.  "Repair" however does not require you to make "improvements" although sometimes it can be difficult to distinguish the two.

Your tenant should behave reasonably and you would not normally be responsible for repairs arising because of your tenant's conduct. Also the tenant needs to give you access to do repairs.

Your tenant may have a right to compensation, or to withhold rent, for your failure to repair, but you cannot be liable until having knowledge of the defect, and then having failed within a "reasonable period" to carry out repairs.

Tap water and fittings must be to the standards that are set and you must ensure that the water it is not contaminated as can arise from the likes of bad piping.

Gas installations must be in working order and have an annual safety check by a "CORGI" contractor.  You must keep records for two years and must provide a copy of the gas safety certificate to your tenant.  Problems with gas appliances have caused death and landlords have been convicted and given long prison sentences!

It is important that any electrical appliances, cabling and wiring you supply are safe to use. It is prudent periodically for a qualified electrician to investigate.

If you provide furniture, chances are that fire safety regulations apply and if so, things must be labelled to confirm compliance.

The Council can investigate and if necessary request repair works, for instance to make sure the premises are structurally safe.  Dampness is often something they look into.

Although most residential lettings give tenants very limited security (in being shorthold tenancies) these repair and related issues should not be overlooked, or otherwise your investment may suffer!

This article appeared in the May 2005 edition of Devon Today and was correct at time of going to press. Please contact us for up-to-date information