There are certain responsibilities tenants must adhere to when renting a property.
Tenants are responsible for:
- Treating the property in a ‘tenant-like manner’
- Reporting any repairs that are required to the landlord
- Providing access to have any repair work required
What does it mean for a tenant to treat the property 'in a tenant-like manner'?
The term 'tenant-like manner' comes from the judgement of Lord Denning in Warren v Keen (1953). The tenant is expected to carry out smaller and more straightforward tasks which a reasonable tenant would do such as:
- Carrying out minor maintenance, such as changing light bulbs or smoke alarm batteries
- Not causing damage to the property and ensuring visitors don’t cause damage
- Keeping the property reasonably clean
- Keeping gardens or outsides areas in a reasonable state
- Using fixtures and fittings properly, i.e. not blocking the toilet / drains by flushing something unsuitable down it
Tenants may be responsible for repair costs if reasonable care wasn’t taken to keep drains, pipes or toilets free of blockages.
If the property is in need of repairs, tenants should contact their landlord as soon as possible to arrange this. The landlord is usually not responsible for any repairs until these are reported to them, so it is important for any issues to be reported to the landlord as soon as possible. You can read more about which repairs the landlord is responsible for here.
As well as the minor maintenance described above, tenants are normally also responsible for:
- Fixing appliances or furniture they own
- Damage caused by tenants or guests
Tenants are responsible for repairing any appliances they own, such as a washing machine; however, landlords would generally be responsible for maintenance or repairs of any appliances that they themselves have provided.
Tenants will not be responsible for normal wear and tear in the property. These are defects which occur naturally as part of the tenant's reasonable use of the premises and are treated separately from the cleanliness of the property. There’s no precise definition of wear and tear, but if the tenants use the property and its contents in a normal, responsible way, then they shouldn’t have to pay for the natural deterioration that happens during the course of the tenancy. For example, a sofa may become worn from tenants sitting on it.
What happens if the tenant refuses to allow access ?
The tenant has a duty to allow the Landlord access to the property to carry out repairs. This is only in respect to genuine repairs and does not apply to improvements unless included as a term of the contract.
If the tenant refuses access to the property for repairs then they should be made aware that they are in breach of their contract and that the landlord may sue for damages resulting from the breach. The Landlord however should not access the property without the tenants permission unless in an emergency as this could be considered trespass.
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.