In the UK, tenants and landlords each have distinct responsibilities for property maintenance and repair. However, a common question arises: can a landlord make a tenant pay for repairs? On the Bromley Property Company blog we take a look at the nuances of repair obligations, typical scenarios that lead to questions around costs, and how tenants and landlords can protect themselves.
The General Rule: Who is Responsible for Repairs?
Under UK law, landlords are generally responsible for maintaining the property’s structure and ensuring that it is safe and habitable. This includes repairs to the roof, walls, doors, windows, plumbing, and essential utilities like gas, electricity, and heating. These obligations are outlined in the Landlord and Tenant Act 1985, which mandates that landlords maintain certain standards, regardless of any agreement to the contrary.
That said, tenants are expected to act responsibly. They should keep the property in a reasonable state of cleanliness and notify the landlord promptly if any issues arise. Minor maintenance tasks, such as changing lightbulbs or testing smoke alarms, typically fall under tenant responsibilities.
When Might a Tenant Be Asked to Pay for Repairs?
While landlords usually cover structural repairs and general wear and tear, there are situations where a tenant may be asked to cover the cost:
- Damage Caused by Tenant Negligence or Misuse
- If damage results from a tenant’s actions—such as breaking a window during a party or damaging fixtures—the tenant may be held responsible for the repairs. Landlords can reasonably expect tenants to repair or pay for any damage caused by neglect or misuse.
- Failure to Report Maintenance Issues Promptly
- Tenants are required to report issues as soon as they become aware of them. For example, if a small leak is ignored and develops into a major water damage issue, a landlord could argue that the tenant contributed to the extent of the damage by failing to report it promptly. In such cases, tenants may be partially liable for the repair costs.
- Unauthorised Alterations or DIY Repairs
- Some tenants may be tempted to make repairs or improvements without consulting the landlord. If these DIY projects cause damage, or the work is poorly done, landlords can ask tenants to cover any costs associated with fixing these issues.
Key Legal Protections for Tenants
The law protects tenants from being unfairly charged for repairs. Here are some important protections tenants should be aware of:
- Unfair Clauses: Landlords cannot include unfair clauses in tenancy agreements that would make tenants responsible for repairs beyond what is legally allowed. For example, clauses stating that tenants are liable for major structural repairs are typically invalid and unenforceable.
- Wear and Tear: Normal wear and tear—such as faded paint, worn carpets, or minor scuff marks—is the landlord’s responsibility, not the tenant’s. Landlords cannot deduct from a tenant’s deposit to cover such reasonable wear.
- Security Deposit Disputes: In cases where a landlord wants to deduct repair costs from the tenant’s deposit, the tenant can dispute the charges through a tenancy deposit protection scheme. All UK landlords are legally required to protect tenant deposits in a government-approved scheme, which offers a resolution service for disputes over deductions.
Common Areas of Disagreement
Disagreements over repair responsibilities can lead to disputes, so it’s helpful to be aware of the common points of contention:
- Mould and Damp: This is often a grey area. If mould or damp arises due to structural issues, such as a leaking roof, it is the landlord’s responsibility to address it. However, if it’s due to poor ventilation or lifestyle factors, such as drying clothes indoors without adequate ventilation, a landlord may argue that the tenant is responsible.
- Plumbing Issues: Routine plumbing maintenance falls under the landlord’s obligations, but if a tenant flushes inappropriate items down the toilet or causes a blockage, they may be responsible for the repair costs.
- Garden Maintenance: Tenancy agreements sometimes include clauses regarding garden upkeep. Tenants may be required to keep the garden tidy but are not responsible for major landscaping or repairs unless specified in the contract.
Practical Tips for Landlords and Tenants
Here are a few ways for landlords and tenants to maintain a good relationship and avoid misunderstandings over repairs:
- Clear Tenancy Agreement: A well-drafted tenancy agreement should clearly outline responsibilities. This can help both parties understand what’s expected and prevent disputes over ambiguous terms.
- Regular Inspections and Communication: Regular property inspections allow landlords to identify issues early, and open communication helps tenants feel comfortable reporting problems. Promptly addressing minor issues can prevent them from escalating into major repair jobs.
- Inventory and Condition Reports: Conducting an inventory and condition report at the start and end of a tenancy can help clarify the condition of the property and pinpoint any damage caused by the tenant.
What to Do if a Dispute Arises
If a dispute over repair costs arises, tenants and landlords have options:
- Mediation: Many landlords and tenants are able to resolve disputes through mediation, where an impartial party helps reach a fair solution.
- Tenancy Deposit Scheme (TDS): If the dispute involves the tenant’s deposit, the TDS offers an arbitration service to handle deductions fairly.
- Small Claims Court: In unresolved cases where repair costs are disputed, either party may consider taking the matter to a small claims court for a legal judgment.
Final Thoughts
In most cases, landlords cannot make tenants pay for repairs beyond what’s reasonable under UK law. By understanding their rights and responsibilities, both landlords and tenants can manage repairs amicably and avoid potential disputes. Transparency, communication, and a well-defined tenancy agreement go a long way in preventing misunderstandings and ensuring that both parties feel fairly treated.
