Landlord Repair Obligations

As well as any repair responsibilities expressly set out in the tenancy agreement, common law and statute will imply terms into the agreement between you and tenant. These are obligations between the landlord and tenant which may not be stated in the agreement but which are contained in law and are implied into all tenancy agreements.

 

These terms form part of the contract, even though they have not been specifically agreed between the two parties.

 

Remember that any attempts to evade statutory and common law repairing responsibilities by way of any contract term in the tenancy agreement, will normally result in the relevant term being found void under the Unfair Terms in Consumer Contracts Regulations 1999. You cannot ‘contract out’ of your obligations as a landlord.

 

As a result of the Housing Act 2004, the new Housing Health and Safety Ratings System [HHSRS] contains specific obligations to repair. However, general speaking the building itself and the immediate surroundings should be able to withstand normal weather conditions and normal use by tenants and their visitors. 

 

Also under Section 11 Repairs of the Landlord and Tenant Act 1985- There are a number of statutory implied terms which dictate your repair obligations as landlord.