There are various pieces of legislation relating to the condition of a rented property and it is the landlord’s responsibility to comply with them.
Landlords are responsible for repairs to the structure and exterior of the building, the heating and hot water installations, sinks, baths and other sanitary ware, plus the gas and electrical appliances and the fire safety of any furniture or furnishings.
Failure to carry out maintenance can result in a court order forcing you to undertake repairs and a possible claim by the tenant for damages. If you do not comply with gas, electricity or fire health and safety, you can be fined, imprisoned or even face manslaughter charges if someone dies. The tenant may also sue you for civil damages and your property insurance may be invalidated.
If there is a statutory nuisance, such as smoke, fumes or gases being emitted from the premises, or the dwelling is a health hazard, the local authority can serve a notice forcing you to rectify the problem. Alternatively, a third party, such as the tenant, can make an application to the Magistrates Court for an order to abate the nuisance.
In situations where the landlord retains control of any part of the premises, for example communal areas (this could be in a block of flats where the landlord owns the whole of the building), you have a common duty of care to visitors. Therefore, you may be liable if someone is injured or dies as a result of your negligence.
Landlords also have obligations under the Defective Premises Act. You have a civil liability to pay damages if a tenant or resident at your property is injured or dies as a result of a defect that you are responsible to repair and compensation may be awarded for personal belongings that are destroyed or damaged as a result of your negligence.
The liability arises if you knew of the defect in question, or ought to have known about it, but failed to carry out the repair. The important point here is that even if you did not know there was a problem and the court decides a reasonable landlord should have been aware of it, you can still be held accountable
If you need advice contact an independent lettings specialist such as BELVOIR KETTERING, don’t fall foul of the law! Contact us on 01536 415415 or email kettering@belvoirlettings.com for more tips, advice, and guidance on property investment in Kettering.
