Tenants and Landlords Responsibilities

• Landlords are required by law to keep the property in good condition and fit for habitation. Gas, electricity, heating and hot water apparatus must be kept in good working order and maintained as necessary. The landlord should carry out any necessary work efficiently and within a reasonable time frame. If the landlord refuses to carry out the tenant can carry out the work (with prior notice to landlord) and deduct the cost from the rent. This should only be a last resort and the landlord should be afforded every opportunity to carry out the work himself. The tenant may also be able to force the landlord to carry out any necessary work through legal action.

• The Landlord is required by law to provide the tenant with a copy of a valid Gas Safety Certificate covering all gas appliances in the property prior to tenants moving in.

• The Landlord is required by law to obtain an Energy Performance Certificate prior to advertising the property. A copy of this should be made available to any prospective tenants.

• The Landlord is required by law to carry out PAC tests on all electrical appliances supplied with a rental property.

• The Landlord is required by law to ensure that all furnishings supplied with a rental property are fire resistant.

• The Landlord is required by law to give 2 months notice if they wish tenants to leave. This can only be done when a Fixed Term Tenancy Agreement has elapsed. E.g. If a tenant has a 1 year Fixed Term Tenancy Agreement a landlord can not ask the tenant to leave before 1 year providing the tenant has adhered to the contract (i.e. paid the rent and kept the property in good order etc.) After the Fixed Term Agreement has elapsed the tenancy automatically switches to a Periodic Tenancy Agreement (i.e. if the rent is paid monthly the tenant must give one months notice and the landlord 2 months). A tenancy can be ended at any time by mutual agreement between the Landlord and Tenant.

• The landlord is to give prior notice (at least 24 hours) and attempt to arrange a mutually convenient time before visiting a property.

• Tenants are bound by law to pay the agreed rent on time. If the rent is 8 weeks late the Landlord can have the tenant evicted regardless of the length of a Fixed Term Tenancy Agreement. The tenant will still be responsible for the outstanding rent and any rent due under the contract until the property is re-rented. The landlord must make every effort to re-rent the property. The cost of eviction and retrieval of outstanding rent etc. may also be the responsibility of the tenant.

• The tenant should keep the property clean and tidy at all times. A landlord can inspect the property and insist on the property being cleaned if found to be dirty. If the tenant does not clean the property to reasonable level the landlord can have the property cleaned and charge the tenant for carrying out the work.

• The tenant should not damage the property or any fixtures, fittings or furnishings provided by the landlord. The tenant will be charged for all damage that is not considered reasonable wear and tear. E.g. a cigarette burn in a carpet is damage but a carpet that has worn thin through normal use is wear and tear.

• The tenant should inform the Landlord of any necessary repairs; if the building or fixtures and fittings etc. become damaged through the tenant not informing the landlord then the tenant can be held responsible for this damage. E.g. If the pipes burst in a property and the tenant fails to inform the landlord thus causing the ceiling to collapse the tenant will have to pay for the repair to the ceiling.