| A: You have a number of obligations that you cannot avoid:
Repairing Covenants Under the Landlord and Tenant Act 1985, the landlord must look after the structure and exterior of the property, and the installations for the supply of services (gas, electricity, water, sanitation and heating). You’ll find this in the Assured Shorthold Tenancy agreement for England and Wales and in the Short Assured Tenancy agreement for Scotland. The landlord should also look after the roof of the property, drains, gutters and the garden, if there is one.
Gas safety Under the Gas Safety Regulations a landlord must have the gas equipment at a property inspected every year by a Council for Registered Gas Installers (CORGI)-registered plumber and give the certificate to the tenant. Landlords should check the current regulations with their local health and safety executive, who enforces them.
Furniture, electrical equipment and general product regulations These regulations require furniture to be fire-resistant, and all electrical equipment and other items in the property to be safe. You can get further information from your local trading standards office.
Covenant of quiet enjoyment This is part of all tenancies and it means the tenant should be able to live without interference. The landlord can’t enter the property without the tenant’s consent (except in an emergency), should keep the property in a proper condition, and should not do anything or allow anyone else to do anything which would affect the tenant’s rights, e.g. stopping services to ‘persuade’ the tenant to leave.
A landlord who lets a number of separate flats in a property has a duty to his other tenants because of the covenant of quiet enjoyment. For example, if one tenant is a nuisance, the other tenants will look to the landlord to solve the problem, and if necessary evict the disruptive tenant.
Insurance The landlord has an obligation to insure the property and its contents but the tenants are responsible for insuring their own possessions. The landlord should be certain his insurance policy is suitable for rented property – his normal household insurance generally will not be. Check the terms of the policy carefully, as some policies exclude cover for lettings to some types of tenant. The agreements included in the Residential Letting Kit allow the landlord to give the tenant a copy of the insurance policy. This is so the landlord can hold the tenant responsible if he does anything that voids the insurance or causes the landlord’s premiums to increase. |