For young people, moving into a first home can be very exciting and living independently for the first time can be a great adventure. But there is also a sense of responsibility that comes with that and there may also be a series of challenges you will face. Renting a property is a very common way for young people to secure affordable independence, but understanding a tenancy agreement is essential in making this a success and arming a young person with the tools to deal with issues such as repairs and maintenance. 

What is a tenancy agreement?

A tenancy agreement is a contract made between you and your landlord and although it is usually a written contract, it can also be verbal. The tenancy agreement clearly sets out the rights and responsibilities of both you as the tenant and those of the landlord. These can be basic stipulations, such as your right to occupy the accommodation for a specified length of time, and the landlord’s right to receive rent from you for the same length of time. But there can also be more specific rights and responsibilities and it is important that you understand these and abide by them. 

Most tenancy agreements follow a standard format and satisfy the requirements of the law in terms of rights and responsibilities. Statutory rights are the elements of a tenancy agreement that have to be applied according to the law, but a tenancy agreement can offer and agree things above and beyond that which aren’t necessarily enforced by the law, such as what possessions you can bring or store in a property or when and how often a landlord can visit the property.  

How does a tenancy agreement deal with repairs and maintenance? 

A tenancy agreement consists of two types of agreement. These are express terms and implied terms. 

• Express terms – These are specific agreements written into a tenancy agreement.  

• Implied terms – These are rights provided by the law, or arrangements that have been established by custom or practice, and therefore they don’t need to be written into a tenancy agreement.  

It is important that you understand what implied terms really mean. These are obligations that both you and your landlord have according to the law, but which might not be specified in the tenancy agreement. In other words, they are implied rather than specified. Some of the most common implied terms relate to repairs and maintenance: 

• Your landlord has a responsibility to provide a safe and comfortable home that is fit for human habitation. This is enforced by the Landlord and Tenant Act 1985 and therefore as a basic duty, doesn’t need to be written in the tenancy agreement.  

• Your landlord must carry out basic repairs if an issue arises. This will include structural issues with roofs, walls, doors and windows and keeping services such as water, gas, electricity, heating and sanitation in working order.  

• You have a right to live peacefully in the property and not to be visited by the landlord without warning.  

• You have a responsibility as a tenant to look after the property and not cause damage or disrepair to the structure, fixtures and fittings or services through negligence or behaviour. 

What does this really mean in terms of repairs and maintenance?

Essentially, there are some core obligations defined by law and then some other responsibilities written into a tenancy agreement. But in summary: 

• The landlord is responsible for dealing with major structural issues and for maintaining essential services and systems. 

• The tenant should deal with minor, everyday maintenance issues but must report bigger disrepair issues immediately. 

The landlord’s responsibilities 

Your landlord must maintain the property as safe and comfortable to live in, and this is automatically implied by law as their responsibility. This includes repairing and maintaining: 

• The structure and exterior including the roof, walls, foundations, drains and gutters. 

• Essential services such as water, gas and electricity. 

• Essential systems such as boilers, radiators and hot water. 

• Sanitation such as basins, sinks, baths, showers and toilets. 

• Safety requirements such as gas and electrical installations. 

• Appliances provided under the tenancy agreement, such as ovens, washing machines and fridges. 

The tenant’s responsibilities 

The tenant must look after the property and its contents in terms of: 

• Everyday maintenance – changing light bulbs and unblocking sinks and drains. 

• Cleaning – maintaining a reasonable level of cleanliness both internally and externally, to avoid issues such as pests and mould. 

• Report – the tenant must inform the landlord directly as soon as there is a repair issue. The landlord has no responsibility to carry out a repair until they know about it.  

• Access – the tenant must allow the landlord and/or contractors access to inspect and work on the disrepair. 

• Payment – the tenant is responsible for and must pay for any damage caused by their own negligence or behaviour, beyond what is considered fair wear and tear.  

There should be a clear reporting procedure for disrepair issues in the tenancy agreement so you know exactly what to do, and there should be no terms that try to shift responsibility for key maintenance issues on to you, this could be illegal.  

If you have reported a disrepair issue to your landlord and it has not been dealt with within a reasonable period of time, you should contact Legal HD. We can get the disrepair issue dealt with and we may be able to secure compensation for your financial loss in dealing with the problem. Contact our team today if that applies to you.