Oral Tenancies Which Started Before February 1997

Some tenants with oral tenancies, which were agreed before February 1997 and are still running now, may in fact have the benefit of an assured tenancy, because, as was mentioned in Lesson 7, many landlords did not realise that prior to that date, by failing to serve a Section 20 notice on their prospective tenant before the tenancy began, they were automatically creating an assured tenancy, with much more security. Again, what your landlord said can be much less significant than when they said it. If you think that this applies to your current circumstances, make an appointment and take advice.

Who Is Responsible For Repairs?

Landlord Responsibilities

With an exception that is unlikely to affect any assured shorthold tenant or licensee (i.e. leases of longer than seven years), all landlords have a statutory repairing obligation on them under the Landlord and Tenant Act 1985 for the following.

• The structure and exterior of the property, which usually includes drains, gutters and external pipes.
• Baths, basins, toilets, showers and other sanitary fittings.
• Heating and hot water facilities.
• Gas and electrical services.

 

They are liable under different legislation for furniture safety, gas safety and for environmental health, fire safety requirements plus liabilities under common and civil law.

Tenant Responsibilities

The tenant is under a legal obligation to behave in a tenant-like manner, and to conduct themselves in a way which will take care of the property. Routine care is implied in all tenancy agreements – this includes both the building and its contents.

• Turning off water or boilers, e.g. when going away in the winter if the heating is switched off. Better still, if the weather’s cold, leave the heating on low and continuously to prevent problems while you’re away.
• Mending fuses, replacing light bulbs, etc.
• Unblocking sinks, or other, which they have blocked with their own waste.

 

In addition tenants are responsible for not damaging the property, either deliberately or carelessly, and for ensuring that their guests don’t either.

Repair Issues

Always know exactly where to report faults or problems to, before you move in. All faults and any accidental damage should be immediately reported to your landlord/agent. However some things require immediate action on the tenant’s behalf like turning off services that have faults. Always report any action to your landlord/tenant as soon as practicable.

Before you move in ask the landlord/agent how to operate the fuse box and how to turn off all electricity should a serious incident occur. Familiarise yourself with the gas supply and make sure you know how to turn off the whole supply in the event of possible leaks.

Ask where the stopcock for the mains water supply is, in case a pipe bursts, so that you can cut off the water.

Suspected Gas Leaks

All suspected gas leaks should be reported direct to Transco (number under Gas in Yellow Pages) who will give you advice over the phone. Also notify your landlord/agent that you’ve done this and ask for advice.

Major Problems

If the problem is major (no heat, faulty cooking facilities, a broken fridge) landlords/agents should begin dealing with this immediately (say within 24 hours). If they don’t, make a second call within 48 hours. If they still haven’t organised essential repairs, write to them formally and complain, recorded delivery.

Lost keys are urgent and infuriating. Look after your keys or expect to be charged for key callouts.

Where landlords ignore repeated requests for repairs that are their obvious responsibility, take advice from one of the many services suggested earlier which help tenants with troublesome landlords.

Where Tenant Responsibilities Lie

Remember, you cannot hold your landlord/agent responsible for the consequences of damage if you haven’t notified them that a problem exists. Nor can you hold your management responsible for damage to your own things caused by unreported problems.

For example slowly leaking pipes can wreak havoc in units. If you find evidence of water coming out of anything but a tap, there’s a real problem and it needs reporting immediately. Not reporting obvious problems – especially ones with potential knock-on effects – could be construed as negligent conduct.