The public sector tenancy (local authority or housing association), is usually very clear and very comprehensive about the rights and obligations of landlord and tenant. Unfortunately, the private landlord often does not take quite as much care when it comes to educating and informing the tenant, and many landlords will try to use only the most basic documentation in order to conceal their legal obligations.

The following statutory rights and responsibilities will apply to both the landlord and the tenant even if they are not included in the tenancy agreement. However, it is useful if they are included in the tenancy agreement to prevent misunderstandings later.

The Landlord

The landlord is responsible for:

1. Ensuring that the property is fit for habitation.

2. Repairs.

Under the Landlord and Tenant Act 1985, the landlord is liable to repairing the structure and exterior of the house, and installations to supplying gas, water, electricity, and for sanitation. The landlord cannot avoid this responsibility by trying to put the burden on the tenant in the tenancy agreement. If the landlord does not carry out the necessary work speedily, the tenant may have a claim against for substantial damages to compensate them for living in an un-repaired house.

3. Fire safety of furniture and furnishings.

Landlords must ensure that any furniture and furnishings that they supply meet the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations 1988. All new and second-hand furniture must meet the fire resistance requirements unless it was made before 1950. Most furniture will have a manufacturer's label on it saying if it meets the requirements. This includes any loose covers supplied with the furniture.

4. Safety of gas appliances.

Landlords are required by the Gas Safety (Installation and Use) Regulations 1998 to ensure that all gas appliances are maintained in good order and that an annual safety check is carried out by a tradesman who is registered with CORGI (Council for Registered Gas Installers). A record of the safety checks must be kept and issued to the tenant within 28 days of each annual check. Gas fires must have adequate ventilation and instructions for use. Gas cookers must have instructions for use, ignite promptly, have markings on the controls such as temperature, and manufacturers name. The cooker must not be able to be switched on accidentally. It also must not have sharp edges, or a casing that gets hot enough to cause injury. However, landlords are not responsible for maintaining gas appliances which the tenant is entitled to take with him or her at the end of the tenancy.

5. Safety of electrical appliances.

Landlords should ensure that the electrical system and any electrical appliances such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use. They must comply with an acceptable standard such as a British St...