Repairs and Damage

The Landlord & Tenant Act 1985 places the obligation for repairing the structure and exterior of residential properties on the landlord. This is so in cases where the tenancy is for a term of less than seven years - which will cover most tenancies - and applies even if there is a provision in the tenancy agreement saying that the tenant must carry out the repairs.

The words 'structure' and 'exterior' and not defined by the act, but will include the main fabric of the house, such as walls, roof, window frames, gutters, drainpipes, and paths and steps that form the main access to the house. Interior decorations and fittings are not included in the act.

The same Act also provides that the landlord must keep in repair and proper working order installations in the property for the supply of gas, water, electricity, and sanitation. This includes sinks, baths, toilets, and drains, though if drains are blocked because of the tenants unreasonable behaviour, then the tenant is responsible for unblocking them.

Tenants are entitled to compensation in reduced rent for disruption while major repairs are carried out.

Items not Covered by the Act

The landlord will not be liable to repair damage that was the tenants fault - say the tenant cracked a wash basin by dropping something into it. The landlord will equally not be liable to repair items other than those within the Act, or to redecorate, unless stated in the tenancy agreement.

If the agreement does not deal with the repair of an item that does not feature within the act, then neither landlord nor tenant is under an obligation to repair. However, if the damage was the tenants fault, the tenant is responsible.

Tenants are liable for matters not covered by the Act if they agree to such repairs in the tenancy agreement - another reason for reading it through carefully.

• See also: Tenants: Reporting Repairs