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Who is owed a property maintenance duty?
When does a landlord owe a maintenance duty?
When a landlord owes a duty of care?
Does a tenant owe a landlord to keep premises in repair?
Do landlords have a duty to repair a house?
When does a landlord owe a duty to a tenant?
The duty is owed where your landlord is under an obligation to repair or maintain your home, or has a right to enter the property to carry out maintenance or repairs. The duty is owed if the landlord knows or ought to have known about the repair, even if you haven't told your landlord.
- Ministerial Foreword
- Introduction and Context
- Tenants: Rights, Responsibilities and Advice
- Landlords: Rights, Responsibilities and Advice
- Park Home Sites and Property Guardians
This consolidated guidance is for landlords and tenants in the private rented sector (PRS). The government is committed to making sure everyone who rents can have a safe, secure, warm and dry place they call home. This guide is just one way in which we have boosted support for landlords, tenants and local authorities to set and maintain high standa...
How to use this guide
This document has been produced to help both landlords and tenants. It sets out the roles and responsibilities of both parties when letting or renting a property in the private rented sector (PRS). The guidance is comprised of 3 sections. The first is intended to help tenants understand more about their rights and obligations when renting from a private sector landlord. The second provides landlords with information on how to maintain high standards and create positive relationships with tena...
What this guidance is for
While the PRS has doubled in size since 2002, recent figures show that the share of all households renting privately has hovered around 19% to 20% since 2013-14. In 2017-18, the PRS accounted for 4.5 million, or 19%, of UK households. By way of comparison, the proportion of households in the social rented sector has not changed for over a decade. To maintain standards in the private rented sector, it’s important that both landlords and tenants understand and fulfil their respective rights and...
Section 1: Tenants
This section is for people who are either existing tenants or are about to rent a house or flat on an assured shorthold tenancy. Most of the guidance will apply equally if you are in a shared property, but in some cases your rights and responsibilities will be different. The guide does not cover lodgers (people who live with their landlord). It also doesn’t cover tenants of a property that is not their main residence. Although property guardians and those living on a park home site do not for...
The guidance for tenants in this section sets out: 1. what to consider when finding a new home in the private rented sector 2. your responsibilities as a tenant 3. your rights as a tenant 4. what you can do if things go wrong during your tenancy 5. useful contacts You should also refer to the How to let guide and the How to rent checklist.
Summary
The vast majority of landlords in England provide decent, well-maintained homes for their tenants, and are good landlords committed to acting in their tenants’ best interests. One of our main aims in producing this guidance is to foster and encourage these good practices, and to empower landlords to maintain the high standards that most already uphold. However, a small minority of landlords rent out unsafe and substandard accommodation to their tenants. An even smaller proportion do so knowin...
Licensing obligations
As a landlord, you may need to obtain a licence to let your property under one of 3 types of licensing: 1. mandatory House in Multiple Occupation (HMO) licensing 2. additional HMO licensing 3. selective licensing If your property falls under any of these 3 types of licensing arrangement, you are legally required obtain the relevant licence. Failure to license a property is a criminal offence. Further information on each type of licensing is provided below. For comprehensive information on lic...
Getting your property ready
Before you can rent out your home, it’s your responsibility to ensure that the property is safe and fit for human habitation. If a property is unsafe or unfit you could be committing a civil or criminal offence, and may be subject to enforcement action by your local authority. To help you understand the requirements under the Housing Act 2004, it’s important that you read the Housing health and safety rating system (HHSRS): guidance for landlords and property-related professionals, which is a...
Park homes
Park homes are not part of the private rented sector. Privately-owned parks where home sites are occupied wholly – or in part – for permanent residential use are subject to different rules of enforcement from standalone households and HMOs. The Mobile Homes Act 2013 introduced changes to the procedures and penalties for enforcement of site licence conditions on residential parks. These procedures and penalties have been put in place to address the minority of park owners who do not run their...
Property guardians
A property guardian is someone who has entered into an agreement to live in a building or part of a building that would normally be otherwise empty for the purpose of securing and safeguarding the property. This can often be a building which was not intended to be used as a residence. Many guardians will not hold a tenancy agreement, and instead will hold a licence. If you are a property guardian or considering entering into a guardianship, it is important that you know the difference, and wh...
The duty is owed where the landlord is under an obligation to repair or maintain the rented property (or has a right to enter the property to carry out maintenance or repairs). The duty of care under this act is owed if the landlord knows, or should have known, about the repair.
Oct 17, 2024 · Under most circumstances, UK landlords are responsible for the maintenance and repair of: The property’s structure and exterior. Pipes and drains, along with sinks, baths, toilets and other sanitary fittings. Heating and hot water systems. Gas appliances, pipes, flues, and ventilation. Electrical wiring.
(1) Where premises are let under a tenancy which puts on the landlord an obligation to the tenant for the maintenance or repair of the premises, the landlord owes to all persons who might...
If you own a leasehold property and the freeholder or the management company are not carrying out necessary repairs, or are asking for more money to help pay for repairs, we can help you understand your rights.
Feb 21, 2022 · ‘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…
