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Landlord & Tenant Repair & Maintenance Responsibilities Guide

AG Estate Agents • February 21, 2022

Who is this guide for?


This guide is predominantly for landlords who are letting their properties on either an Assured or Assured Shorthold Tenancies as per the Housing Act 1988.

 

What will you find in this guide?


In this guide, you will find details of two laws that relate to repair obligations placed on landlords and tenants.

 

1)    Section 11 Landlord and Tenant Act 1985:


This covers the landlord’s statutory repairing and maintaining obligations and applies to all residential tenancies for less than seven years. Under section 11, the landlord must keep the following in repair:

-        The fabric and structure of the property

-        The supply of services to the property including sanitaryware

-        Supply of space heating and hot water

-        Not to try to make the tenant repair the above


The fabric and structure of the property includes:


-        Roof

-        Walls

-        Window frames and doors

-        Ceilings

-        Downpipes

-        Guttering

-        Fascia’s etc


The supply of services to the property, including sanitaryware:


This would encompass the:


-        Electrical wiring

-        Gas pipework

-        Water pipes

-        Waste pipes


Sanitaryware includes:


-        Sinks

-        Basins

-        Baths

-        Toilets


The standard of repair is covered by Section 11 (3) and is tempered by the age, character, locality and prospective life of the dwelling and the fact that the landlord need not rebuild or reinstate if the premises are destroyed or damaged by fire, flood etc.


Although the landlord is responsible for the repair and upkeep of installations for services, they are not responsible for appliances making use of those services, such as a cooker, television, or fridge, unless these were supplied by the landlord.


Landlords are not required to repair unless they have notice of the defect. It will normally be the tenant’s responsibility to notify the landlord of any problems. However, the landlord’s agent may also put the landlord on notice of any repairs needed after conducting routine inspections.


The obligation to repair on the landlord has been interpreted in court cases to mean to restore the property to its condition at the start of the lease, not to improve the property, although in many instances, repair will involve an element of improvement. The disrepair that the landlord is responsible for must be an actual physical defect in the property.

 

2)    The Homes (Fitness for Human Habitation) Act 2018:


Requires that any property subject to a new tenancy on or after 20 March 2019, and for all tenancies on or after 20 March 2020, is fit for human habitation at the start of the tenancy and will be maintained in a fit condition throughout the tenancy.


In determining whether a property is fit for human habitation, the legislation requires a consideration of:


-        Repair

-        Stability

-        Freedom from damp

-        Internal arrangement

-        Natural lighting

-        Ventilation

-        Water supply

-        Drainage and sanitary conveniences

-        Facilities for the preparation and cooking of food

-        Disposal of waste water

-        See more items on the Gov website link below.


The landlord is not required to comply with these fitness standards in certain situations, the main ones being where:


-        The tenant has not used the property in a tenant like manner

-        The property has been destroyed or damaged by natural disaster or fire

                                                                             

 

Tenants’ obligations:


As far as the tenant is concerned, their obligations are to:


-        Use the premises in a tenant like manner

-        Allow the landlord or landlord’s agent to inspect the state of repair, on giving 24 hours written notice


Section 11(6) of the Landlord & Tenant Act 1985 requires the tenant to allow the landlord or the landlord’s agent access to view the state of repair on giving 24 hours written notice.


Warren v Keen (1954)


The phrase ‘tenant like manner’ has been tested in the courts and was summed up by Lord Denning in this case, when he said


‘a tenant owes no duty to the landlord to keep premises in repair. The only duty of the tenant is to use the premises in a tenant like manner… he must do the little jobs about the place which a reasonable tenant would do. In addition, he must, of course, not damage the house, wilfully or negligently… But, apart from such things, if the house falls into disrepair through fair wear and tear or lapse of time, or for any reasons not caused by him, the tenant is not liable to repair it.’


Tenant’s remedies for disrepair:


Where a landlord has not carried out the repairing responsibilities under Section 11 of The Landlord & Tenant Act 1985 after due notice, it may be possible for the tenant to take action to remedy the situation. The possibilities are:


-        Damages:


Damages are a common law remedy for breach of the lease between the landlord and the tenant


-        Specific Performance:


Specific performance is an equitable remedy, but there is now a statutory provision (in Section 17 of the Landlord & Tenant Act 1985) allowing the court to compel the landlord to undertake the repairs required.


-        Set Off:



Set-off is an equitable right that allows the tenant to do the repairs and then offset the cost against the rent due to the landlord. However, tenants should be certain that the repairs are the landlords responsibility and should given the landlord time to complete the repairs. It would probably also be prudent for the tenant to submit copies of estimates to the landlord before starting the work.

 

Feel free to call us on 0208 614 0740 for more information.

The Pros and Cons of Living in Milton Keynes: A Modern Urban Oasis

By Keval Gudka • May 25, 2023
Milton Keynes, located in Buckinghamshire, England, is a unique and vibrant town known for its innovative urban planning and contemporary lifestyle. Designed with a vision of creating a balanced environment for residents, Milton Keynes offers a host of advantages that make it an attractive place to live. However, like any location, it has its drawbacks as well. In this blog post, we will explore the pros and cons of living in Milton Keynes, helping you make an informed decision if you're considering this town as your future home. Pros of Living in Milton Keynes: 1. Modern Infrastructure and Planning: One of the biggest advantages of living in Milton Keynes is its meticulously planned infrastructure. The town boasts excellent road networks, efficient public transportation systems, and a network of pedestrian and cycling paths. This makes commuting within the town and traveling to nearby cities incredibly convenient, reducing the stress associated with transportation. 2. Green Spaces and Parks: Milton Keynes is renowned for its abundance of green spaces, parks, and lakes. The town is adorned with more than 20 million trees, offering a refreshing environment and ample opportunities for outdoor activities. Whether you enjoy cycling, jogging, or simply unwinding amidst nature, you'll find plenty of picturesque spots to explore. 3. Cultural and Entertainment Hub: Despite being a relatively young town, Milton Keynes offers a vibrant cultural scene. It boasts a range of art galleries, theatres, and live music venues, hosting a diverse array of performances throughout the year. The famous Milton Keynes Theatre is the largest outside of London, attracting renowned productions and world-class performers. Additionally, the town houses the National Bowl, a renowned open-air venue that has hosted some of the biggest music concerts and festivals. 4. Shopping and Dining: Milton Keynes is a shopper's paradise, offering a variety of shopping centres and retail parks, such as Centre:MK and intu Milton Keynes. These destinations house a wide range of high-street brands, independent boutiques, and eateries, catering to all tastes and preferences. Whether you're looking for fashionable clothing, household items, or delicious cuisine, you'll find an abundance of options in Milton Keynes. Cons of Living in Milton Keynes: 1. Lack of Historical Charm: As a new town, Milton Keynes lacks the historical charm found in some other British towns. If you're someone who appreciates centuries-old architecture and a rich heritage, you may find the town's modern aesthetics somewhat impersonal. 2. Limited Job Market: While Milton Keynes is home to several national and international corporations, such as Red Bull Racing and Santander, the job market can be relatively competitive, especially in certain sectors. Depending on your profession or industry, you may find it challenging to secure the job opportunities you desire within the town itself. 3. Traffic Congestion: Although Milton Keynes is known for its excellent infrastructure, it can still experience traffic congestion during peak hours. The town's popularity and rapid growth have resulted in increased traffic volumes, especially on major roads and roundabouts. It's important to consider commuting times and plan accordingly to avoid unnecessary delays. 4. Cost of Living: Like many desirable locations, the cost of living in Milton Keynes can be relatively high compared to surrounding areas. Housing prices can be steep, making it challenging for first-time buyers or individuals on a limited budget to find affordable housing options. Conclusion : In conclusion, Milton Keynes presents a distinctive blend of advantages and disadvantages for those considering it as their place of residence. The town's well-planned infrastructure, abundance of green spaces, and vibrant cultural scene undoubtedly make it an attractive destination. Commuters will appreciate the efficient transportation networks, while nature enthusiasts can indulge in the numerous parks and lakes. Additionally, the town's shopping and dining options cater to a wide range of tastes and preferences. However, it's important to acknowledge the limitations of living in Milton Keynes. The lack of historical charm may be a downside for individuals seeking a more traditional setting. Moreover, the competitive job market and traffic congestion during peak hours can pose challenges for some residents. Additionally, the relatively high cost of living, particularly in terms of housing prices, may be a deterrent for those on a tight budget.  Ultimately, whether Milton Keynes is the right place for you to call home depends on your priorities and preferences. Consider the town's modern appeal, cultural offerings, and convenient amenities alongside the potential drawbacks. With careful consideration, you can make an informed decision that aligns with your lifestyle and aspirations.

I Want to Sell My Property: What Do I Do First?

By Keval Gudka • May 25, 2023
Deciding to sell a property is a significant step that can bring about various emotions and challenges. Whether you're looking to upgrade, downsize, or simply need a change, selling your property requires careful planning and preparation. To help you navigate this complex process, we've outlined the crucial first steps you should take to ensure a successful sale. 1. Evaluate Your Property: Before diving into the selling process, it's essential to evaluate your property objectively. Take a step back and assess its current condition, considering both its strengths and weaknesses. Look for any repairs or renovations that may be necessary to enhance its appeal to potential buyers. This evaluation will give you a clear idea of the property's market value and help you set a realistic asking price. 2. Research the Property Market: Understanding the current state of the property market in your area is vital. Research recent sales, average property prices, and trends specific to your location. This information will provide you with valuable insights into the demand, competition, and pricing dynamics of your local market. You can consult estate agents, online databases, and local property listings to gather relevant data. 3. Find a Reputable Estate Agent: Partnering with a professional estate agent can make a significant difference in the success of your property sale. Seek recommendations, read reviews, and interview multiple agents to find one who specializes in your area and has a proven track record of successful sales. A reliable agent will guide you through the entire selling process, offer valuable advice, help set the right price, market your property effectively, and negotiate on your behalf. 4. Set a Realistic Asking Price: Determining the right price for your property is crucial for attracting potential buyers. Your estate agent will assess the market value of your property based on factors such as its location, size, condition, and recent sales in the area. While it's tempting to aim for a higher price, setting a realistic and competitive asking price will attract more interest and help you sell your property faster. 5. Prepare Your Property for Sale: First impressions matter, especially when it comes to selling property. Take the time to make your home presentable and appealing to potential buyers. Declutter, deep clean, and consider staging your property to showcase its full potential. Address any necessary repairs, touch-ups, or improvements to enhance its overall appearance. Pay particular attention to the curb appeal as it creates the first impression for potential buyers. 6. Gather and Organize Documentation: To streamline the selling process, gather and organize all the necessary documentation related to your property. This includes property deeds, title deeds, mortgage information, warranties, permits, and any other relevant paperwork. Having these documents readily available will help facilitate the transaction and provide transparency to potential buyers. 7. Develop a Marketing Strategy: Effective marketing is essential for attracting potential buyers and maximizing the visibility of your property. Collaborate with your estate agent to create a comprehensive marketing strategy that utilizes online platforms, social media, professional photography, virtual tours, and traditional advertising methods. By reaching a wide audience, you increase the chances of finding the right buyer for your property. Conclusion: Selling a property can be a complex and overwhelming process, but you don't have to navigate it alone. By partnering with a reputable estate agent, you can unlock the full potential of your property sale. An experienced agent will provide valuable insights, expert guidance, and a tailored marketing strategy to attract the right buyers and secure a successful sale. With their knowledge of the local market and extensive network, a professional agent will ensure your property receives the exposure it deserves. From setting a competitive asking price to preparing your property for showings, they will handle the intricacies of the selling process, allowing you to focus on other important aspects of your life. So, if you're ready to embark on this exciting journey of selling your property, reach out to us, your trusted estate agent. Our team of dedicated professionals is committed to delivering exceptional service, personalized attention, and outstanding results. Let us help you make a smooth transition to the next chapter of your life. Contact us today, and together we'll turn your property into a desirable and sought-after listing.

The Evolving Milton Keynes Property Market: A Haven of Opportunity

By Keval Gudka • May 24, 2023
Introduction: Welcome to Milton Keynes, a vibrant town in Buckinghamshire, England, renowned for its modern architecture, innovative design, and sustainable living. With its strategic location, excellent infrastructure, and abundant employment opportunities, Milton Keynes has become an attractive destination for property investors and homeowners alike. In this blog, we will explore the evolving Milton Keynes property market, highlighting its key features, growth factors, and the opportunities it presents for prospective buyers and investors. 1. Rising Property Prices: Over the past decade, Milton Keynes has witnessed a steady increase in property prices, making it one of the fastest-growing property markets in the UK. The demand for housing, combined with limited supply, has resulted in a surge in property values. However, compared to nearby cities like London, the average property prices in Milton Keynes remain relatively affordable, making it an enticing option for first-time buyers and investors looking for value for their money. 2. Infrastructure and Connectivity: Milton Keynes is renowned for its excellent infrastructure and connectivity, providing residents with easy access to major cities and transportation hubs. The town boasts exceptional road and rail links, with direct train services to London Euston taking just over 30 minutes. Moreover, its close proximity to major airports, such as Luton and Birmingham, further enhances its accessibility and attractiveness to both domestic and international investors. 3. Employment Opportunities: One of the key factors driving the growth of the Milton Keynes property market is the abundance of employment opportunities. The town is home to numerous large corporations, including leading automotive, technology, and logistics companies. The presence of these industries has led to a strong job market and steady population growth, attracting young professionals and families seeking career advancement and a high standard of living. 4. Sustainable Living and Urban Design: Milton Keynes stands out for its unique urban planning and sustainable living initiatives. The town was designed with careful consideration for green spaces, pedestrian-friendly walkways, and an integrated transportation system. With numerous parks, lakes, and nature reserves, Milton Keynes offers residents a balance between urban convenience and natural beauty. This emphasis on sustainable living makes it an appealing choice for those seeking a greener lifestyle and a healthy environment for their families. 5. Development and Regeneration Projects: To accommodate the growing demand for housing, Milton Keynes has seen significant development and regeneration projects in recent years. The introduction of new residential areas, mixed-use developments, and urban renewal schemes has expanded the housing options available to buyers and investors. These initiatives not only provide a range of property types but also contribute to the overall improvement of the town's infrastructure and amenities. 6. Rental Market Potential: For investors looking to enter the buy-to-let market, Milton Keynes offers promising prospects. The high demand for rental properties, driven by a growing population and a thriving job market, presents opportunities for rental income and capital appreciation. Additionally, the presence of the Open University and Cranfield University attracts many students, further fuelling the demand for rental properties in the area. Conclusion: The Milton Keynes property market continues to thrive, fuelled by its exceptional infrastructure, strong employment opportunities, and commitment to sustainable living. Whether you're a first-time buyer, a property investor, or someone seeking a modern and vibrant place to call home, Milton Keynes offers a range of options to suit your needs. With its rising property prices and potential for growth, now is an opportune time to explore the property market in this dynamic and evolving city.
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