What exactly is a landlord’s responsibility when it comes to property repairs? If you’re a landlord with property in the south west London areas of Coombe, Raynes Park, New Malden, Wimbledon and beyond, you should carefully consider which repairs you’re responsible for and when you need to act on any issues that arise. This is important to know so you can look after your tenants, while avoiding fines or any legal action.
As a landlord, you must make sure the property is fit to live in and free from hazards that could have an impact on someone’s health.
The Fitness for Human Habitation Act came into force in 2019. It means that landlords have a legal duty to ensure the property is fit to live in, including communal areas like stair and halls.
You are responsible for these issues whether they were there at the start of the tenancy or emerged later.
However, you are not responsible if these problems were caused by your tenants’ negligence – if they attracted pests by not clearing up food spills in the kitchen or created a damp problem by failing to use a bathroom extractor fan, for example.
If your tenants think the property is unfit for habitation, they can report you to the local council’s environmental health team who may do a Housing Health and Safety Rating System (HHSRS) assessment. They will take action if they identify any serious health and safety hazards, so it’s a good idea to keep your property in good repair with regular inspections to catch any issues early.
As a landlord you are responsible for repairs to the structure and exterior of the property. This means the property’s walls, roof, doors, windows, gutters and drains, staircases and banisters and chimneys and ventilations systems. This is the case even if your tenancy
agreement doesn’t specify that you are responsible. You are not allowed to pass on the cost of these repairs on to your tenants unless the issue was caused by their negligence.
If you own the freehold of the property, you are responsible for communal areas such stairs and hallways. If not, you need to contact the freeholder to ensure their management company carries out repairs reported by your tenant.
In the case of houses in multiple occupation (HMOs) which are made up of people from different households sharing living areas and kitchens, landlords are responsible for those communal areas.
When it comes to the interior of the home, the landlord is responsible for electrical wiring, gas pipework and boilers, heating and hot water, as well as sinks, baths, toilets and plumbing systems. As with your responsibilities for the exterior, these things must be fixed by the landlord regardless of whether they are listed in the tenancy agreement.
Your tenancy agreement will say whether you are also responsible for other repairs at the property – perhaps appliances you have supplied such as fridges, cookers or washing machines. You aren’t responsible for repairs to any items brought to the property by the tenants.
Landlords are also responsible for redecorating the property, if needed, once a problem has been fixed.
The law states that you must carry out repairs within a reasonable time frame from the point when your tenants inform you about the repairs. It doesn’t specify what this reasonable time is. This will depend on the seriousness of the problem, the impact it is having on tenants and whether the people living there are vulnerable – so older or disabled people, those with health problems and young children.
Your tenants need to tell you about the issue in good time, to give you a chance to put things right before problems get worse. If they don’t, they may be liable for the cost of the repairs.
If your failure to carry out repairs puts your tenants’ health at risk, your local council’s environmental health team will take action. You may also be taken to court by your tenants and, in some areas, could find yourself on a list of rogue landlords.
If you are a new landlord with a property to rent in south west London, and you’re concerned about your responsibilities when it comes to repairs, talk to us. We’d be happy to guide you through the rules and tell you more about our property management services, designed to take the worry about repairs and maintenance off your shoulders.
Ticking off the items on this list will help you keep track of your legal responsibilities when renting out a property.
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