Who pays for what?

If you grant a tenancy for a period of less than seven years - and this includes those tenancies which are not granted for a fixed period but run from week to week or month to month, - then you are by law responsible for certain basic repairs. The repairs for which you are responsible are contained in section 11 of the Landlord and Tenant Act 1985 and include those to:

the structure and exterior of the dwelling basins, sinks, baths and other sanitary installations in the dwelling; and installations for heating water and space heating in the dwelling

In addition, if you grant a lease of less than seven years on a maisonette or a flat you are required by law to repair any parts of the building, or any installations in part of the building, which you own or control, whose disrepair affects the comfort of your tenant.

You cannot make your tenant responsible for carrying out these repairs unless the court agrees that you can, nor can you pass on their cost to him in the form of a service charge. But you will, of course reflect the cost to you of carrying out these repairs in the rent you charge.

Responsibility for carrying out other repairs depends on what you and your tenant agree.

If you have repairing obligations as described above, your tenant must allow you or your agent access to the property to inspect it, provided you give him twenty four hours' written notice.

You may be able to get help from your local authority towards the costs of any repairs. A new system of grants came into force on 1 July 1990 which removed some of the obstacles imposed under the previous regime. Now the amount of grant you may be offered will depend of the cost of repairs and improvement works compared to the increase in rental income you might get as a result. Further information is given in the booklet House Renovation Grants which is available from local authorities, Citizens Advice Bureaux or the Department of the Environment, Room BN12/12, 2 Marsham Street London SW1P 3EB.

This site is maintained by the Letting Centre Ltd. The Letting Centre cannot provide legal or technical advice to landlords or tenants. If you require legal or technical assistance please contact your local Citizens Advice Bureau, Housing Advice Centre or a solicitor.

Contact information -
The Letting Centre,
Old Vicarage,
Withycombe Village Road,
Exmouth, EX8 3AG.
Tel: (01395) 271122