Tenant Responsibilities

Posted on: May 1st, 2015 Category: Landlord News, Tenant News, Responsibilities

Tenant Responsibilities

Following the popularity of our recent ‘Top 10’ landlord responsibilities article, we thought it would be a good idea to also feature a list of tenant responsibilities.

Taken from the gov.uk website, the top 6 responsibilities for tenants are as follows:

1. A tenant must give their landlord access to the property to inspect it or carry out repairs. The landlord has to give you at least 24 hours’ notice and visit at a reasonable time of day, unless it’s an emergency and they need immediate access.
2. A tenant must take good care of the property they are renting. For example, they should turn off the water at the mains if they are not at the property in cold weather.
3. A tenant must pay the agreed rent, even if repairs are needed or they are in dispute with their landlord.
4. A tenant must pay other charges as agreed with the landlord, such as Council Tax or utility bills.
5. A tenant must repair or pay for any damage caused by themselves, their family or friends.
6. A tenant may only sublet a property if the tenancy agreement or their landlord allows it.

The landlord has the right to take legal action to evict a tenant if they don’t meet these responsibilities.

‘Warren v Keen (1954)’ is a legal case that provided a leading decision on the tenant's repairing obligations.

The landlord in a weekly tenancy sought to recover from his tenant, the sums expanded by him on repairs to the demised premises. The landlord alleged that it was an implied term of the tenancy that the tenant would use the premises in a tenant-like manner, and would keep them wind and watertight, and would affect fair and tenant-like repairs to them, in particular, the alleged defects in the premises which included damp and stained plaster on the internal walls, a cracked and broken external wall, window sills leaking weather-proof joints, and with decayed paintwork and a leak in the hot water boiler.

Held: The defects particularised were due to fair wear and tear for which a weekly tenant was not liable. His only obligation is to use the premises in a tenant-like manner and therefore, the landlord was not entitled to recover.

Judge Lord Denning said: ‘The tenant must take proper care of the place. He must, if he is going away for the winter, turn off the water and empty the boiler. He must clean the chimneys, where necessary, and also the windows. He must mend the electric light when it fuses. He must unstop the sink when it is blocked by his waste. In short, 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; and he must see his family and guests do not damage it: and if they do, he must repair it.’ and ‘if the house falls into disrepair through fair wear and tear or lapse of time, or for any reason not caused by him, the tenant is not liable to repair it.’