Tenant Responsibilities
What are my Responsibilities as a Tenant? If you re looking at flats to rent in London, or are already a tenant, you might be wondering what property maintenance and other responsibilities fall to you. ’
Everything should be set out in your tenancy agreement but lettings is changing all the time and the message doesn t always reach the tenant. ’
What follows is a quick summary of the responsibilities that fall to tenants.
The Court Case that Defined Responsibility If you re in a house or flat to rent in London, you might not be aware of Lord Dennings judgement on the Warren versus Keen case but it is worth knowing. ’
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This was a dispute in the 1950s between a tenant and a landlord over property maintenance. The resulting judgement provides the framework that letting agents apply today. Lord Dennings issued the following:
The Court Case that Defined Responsibility The tenant must take proper care of the place . "
He must clean the windows. He must mend the electric light when it fuses. He must unblock the sink when it is blocked by its waste. In short he must do the little jobs about the place which a reasonable tenant would do. In addition, he must not damage the house, wilfully or negligently and he must see that his family and guests do not damage it. If they do he must repair it . �
Seeking Clarification of Responsibilities Lord Dennings judgement is open to interpretation. ’
Therefore, tenants should always read their tenancy agreement in detail so they know what aspects they are responsible for. At Sandfords Central London letting agents we: -
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1. Make it clear what a landlord is legally responsible for gas, electrical, water and structural safety . (
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2. Provide an indicative list of what responsibilities fall to a tenant.
Using Common Sense It is worth noting that the services provided by a letting agent or property manager are not the same as a concierge at a five star hotel. In the past managers have been called by a tenant to change a light bulb or a vacuum bag. These basic maintenance and DIY issues should be addressed by the tenant.
Using Common Sense Nor are flats to rent in London the same as hotels there is no room service or cleaner, unless documented in the tenancy agreement. -
If in doubt, ask the letting agent or landlord for a list of tenant responsibilities pertaining to the particular rental property.
Testing Smoke and Carbon Monoxide Alarms The issue of responsibility has recently resurfaced after the introduction of a new law that stipulates landlords must install smoke alarms and carbon monoxide detectors in all new lets. The regular testing of such alarms during the tenancy, however, is the responsibility of the tenant. It is also the responsibility of the tenant to change the battery, should it be dead.
Other Tenant Responsibilities As a guide, it is common for tenants to take responsibility for:
Maintaining the garden, if there is one.
Changing light bulbs and fuses.
Preventing pipes from blocking or freezing.
Disposing of rubbish.
Taking sensible precautions to ensure there are no floods. Looking after the property, its fixtures and furniture ensuring there is no malicious or intentional damage by the tenant or visitors.. -
Keeping the property well ventilated to stop excessive moisture, condensation and mould. Replacing anything damaged or broken by the tenant or their visitors. Clearing gutters when an obstruction is causing an issue.
If you would like advice on renting a property in Central London or need clarification on tenant responsibilities, contact Sandfords today. Our lettings team would be happy to help.
Our Offices
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6 Paddington Street, London W1U 5QG T: 44 0 20 7224 4994 +
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107 Regent s Park Road, London NW1 8UR T: 44 0 20 7722 7997 ’
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213 215 Gloucester Place, London NW1 6BU T: 44 0 20 7723 9988 -
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www.sandfords.com
Property Management 6 Nottingham Place, London W1U 5NA T: 44 0 20 7099 1133 +
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