
Most tenancy agreements have a clause in them stating that Section
11 of the Landlord and Tenant Act 1985 applies to the tenancy.
Section 11 sets out your repairing obligations for tenancies
which are for a term of less than seven years. If this applies
to you, you are required to keep in repair:
- The structure and exterior of the property
- The installations
for heating and hot water
- The supply of gas, water and electricity
- The sanitary installations in the property (baths, sinks,
WC etc,)
You do not have to carry out any repairs until your tenant
tells you that repairs need to be done. Your tenant has to give
you
access to the property so you can inspect and repair. You have
to give your tenant at least 24 hours notice in writing that
you need to enter the property to carry out repairs. If your
tenant does not give you access, you are not obliged to carry
out repairs.
Your tenant has to live in the property in a "tenant
like manner". If damage is caused to the property by your
tenant, you do not have to carry out repairs. However, if the
damage
will cause further problems, we recommend that you have the work
carried out and seek the cost from the tenant. In such circumstances,
serving a notice to leave might be the best option.
If there
are any gas installations in the property, they need to be serviced
once a year by a CORGI (Council of Registered
Gas Installers) registered plumber, who must issue a safety certificate.
You have to give your tenant his own copy of the certificate.
Breaches of the Gas Safety (Installation and Use) Regulations
1998 are dealt with by the Health and Safety Executive. The dangers
posed by carbon monoxide are well-known and any responsible landlord
will ensure that the gas appliances are serviced each year and
any problems are dealt with. If you don't, you could face
charges of manslaughter! However, if the tenant provides his
own gas appliances at the property, for example, a gas cooker,
it is his responsibility to make sure it is safe.
You should ensure
any electrical installations are safe when the tenancy begins
and maintained throughout the tenancy. You
don't have to have electrical installations checked annually,
but you should have them inspected regularly, especially if your
tenant tells you that there may be problems. If you provide any
electrical appliances, the Electrical Equipment (Safety) Regulations
1994 say that you must make sure that any electrical appliances
are safe to use when first supplied. Each time the property is
re-let, the appliances are deemed to be supplied for the first
time. Since January 2006, you have to prove that all fixed electrical
installations (such as sockets, switches and fuse boxes) and
alteration work has been carried out and certified by a competent
person. We would recommend that if you are having any electrical
work carried out that you employ an electrician who is NICEIC
(National Inspection Council for Electrical Installation Contracting)
registered.
If you provide any furniture, it must meet the rules
on fire safety. Your local Trading Standards office is responsible
for
enforcing the regulations and will be willing to give you
any advice you ask for. The regulations mainly relate to domestic,
upholstered furniture (e.g. sofas, mattresses) and basically
all new and second-hand furniture provided in accommodation
must meet the fire resistance requirements unless it was made
before
1950. If you are going to provide furniture, make sure that
it is labelled as being fire resistant by the manufacturer.
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