While some aspects of maintenance and repair are legally allocated to landlords, tenants and freeholders, there isn't an exhaustive list. In some cases, responsibility can be assumed based on health and safety rules; in others, there is simply a requirement to act 'reasonably' and that can be a grey area.
As such, any tenancy agreement or lease should clearly state which party is responsible for what. Often, that will simply be confirmation of something that already exists in law but some of the responsibilities will vary from one agreement to another, depending on what the freeholder or landlord wants, or what has been negotiated for a particular let.
It's important to note any additions or amendments to a standard tenancy agreement must not breach any rights or responsibilities stated in law. So, before you sign a lease or tenancy agreement that has any non-standard terms or clauses, it's a good idea to consult a specialist legal representative, for example one that is a member of the Association of Leasehold Enfranchisement Practitioners (ALEP) to make sure it's both reasonable and legally valid.
Whoever has the freehold is responsible for maintaining communal areas and the exterior of the building, including the roof and grounds. They are also likely to be responsible for windows and, depending on the plumbing, things like water heaters and rubbish collection. In many cases, this responsibility is handed over to a management company, sometimes made up of all the leaseholders in a block. The cost of maintenance and repairs is met by regular service charges paid by the leaseholders, so this work is usually carried out by the landlord.
For landlords, the overarching responsibility is to take every reasonable step to ensure the health and safety of their tenant, as per the original Landlord and Tenant Act 1985 and taking into account more recent relevant legislation, which includes:
The landlord's responsibilities to ensure the health and safety of tenants mean that where a rented property is leasehold, there is an additional onus on the letting landlord to ensure the freeholder meets their specific maintenance responsibilities. Landlords can't simply 'pass the buck'.
However, there are some things that landlord cannot do and this means there is an additional complication in meeting government rules and regulations for leasehold landlords as opposed to freeholders. For example, if there's a leak in the roof that's affecting a tenant and the freeholder is not attending to it, the landlord has to prove they are taking action against the freeholder and do what they can to make good the situation as best as possible to meet their duty of care to the tenant. Just as tenants can take their landlord to court for not making repairs, landlords can do the same with their freeholder.
Importantly, all parties should make sure they are properly insured for both accidental and deliberate damage. The key thing leasehold landlords need to be aware of is that the freeholder will normally cover buildings insurance. This doesn't mean though that as a landlord you don't need this cover. You need to check the buildings insurance covers damage caused by third parties such as tenants.
Once you understand what the freeholders building insurance does and doesn't cover, then you will still need to investigate comprehensive landlord cover for the property itself if required and any contents provided, as well as public liability.
Tenants should also consider Contents Insurance to cover their own personal possessions and any of their own furniture.
This is one of the most common issues that can arise in a rented property. In many cases, when tenants report damp, it is 'surface mould', a black fungus that develops as a result of condensation being left to collect on surfaces. It tends to be found on bathroom ceilings, around the bottom of windows and on the walls of any room that is not ventilated for long periods of time - particularly rooms where there is a lot of moisture in the air.
The other two types of damp are rising damp, where moisture is finding its way into the property from the ground, and penetrating damp, where water is coming in because of a problem with the fabric of the property, such as cracked brickwork or missing roof tiles.
Any mould in a property must be removed as soon as possible, or you could be fined by the Local Authority. In the most serious cases - and particularly if a tenant is already suffering with any kind of condition where the lungs are compromised - mould from damp could make their condition worse, so it is not something to be taken lightly.
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Tip for landlords: Consider using specialist anti-mould paint in kitchens and bathrooms and make sure the property is properly ventilated from day one.
If a boiler breaks down, it can leave tenants with no heating or hot water so it's vital the problem is fixed quickly, particularly during the winter months. The landlord needs to identify whether this is an internal problem within the flat, or something that the freeholder needs to fix.
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Tip for tenants: Usually, the quicker an issue is noticed, the easier and cheaper it is to put right. So, the sooner you report a problem with the boiler, the sooner your home will be warm again and hot water working.
These days, even in unfurnished rented properties, it's very common for landlords to supply certain 'white goods' - generally a fridge/freezer, washing machine and sometimes a dishwasher.
Although, legally, there is no statutory duty on landlords to repair or replace the white goods they've supplied, there is usually a clause in the tenancy agreement stating that they will. This is something that should be checked at the start of the tenancy: who is responsible for repair and is there any obligation on the landlord to replace white goods if they break down?
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Tip for tenants: If an appliance breaks down and you are responsible for repair, bear in mind that if you don't fix it during the tenancy, the cost might be deducted from your deposit.
Common problems include blocked drains, a toilet cistern not refilling, faults with showers and water escaping due to a leak. Blockages could be a tenant-caused malfunction, but if the plumbing is integrated into the common parts of the building, then it could be another leaseholder or tenant that has caused the problem and it's important for landlords - and tenants - to really understand who is responsible for what when it comes to plumbing and heating issues.
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Tip for landlords: Make sure the tenant knows where the stopcock is located and is given a number to call in case of an 'out of hours' plumbing emergency. Note that not all flats have stop cocks, but as a landlord it might be worth having one put in to save a flood and insurance claim.
Garden maintenance is one of the things that does vary from one contract to another, so you must check your tenancy agreement or lease to see exactly what you have to do and what the freeholder is responsible for. In the majority of cases, the freeholder will be responsible for maintaining the communal areas, although as a landlord you may be required to do things like mow the lawn.
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Keeping the roof in good order is essential to help protect the fabric of the rest of the building against water damage. If gutters and drains become blocked or damaged, that also poses a risk of water damage, through flooding or penetrating damp.
Whoever holds the buildings insurance policy will be required to ensure gutters and drains are kept clear and the property is free from potential risks or hazards. This is where things can get tricky as a landlord as these are normally the responsibility of the freeholder or their managing agent and most will get the work done as it's required from an insurance perspective, but if they don't, you will have to make sure they comply with their responsibilities.
Who is responsible for roof repairs in a flat?
So, where a property is leasehold, such as a flat in a block, maintenance and repair of the roof, gutters and drains is usually the responsibility of the freeholder, unless stated in the agreement that this is the responsibility of the lessee. If the property's freehold, it's down to the landlord.
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Depending on the agreement, where a building is split into two flats only (usually maisonettes) the top flat may be responsible for the roof and the ground floor flat is responsible for the foundations. In this case, each flat could be responsible for buildings insurance for their own flat.
Properties can be vulnerable to pests such as rats, mice and fleas, all of which needs dealing with, as they threaten not only the tenants' health and safety, but also the integrity and safety of the property itself. Among other nasty things, pests can transmit disease, cause skin and breathing irritation, damage walls, make wiring unsafe and destroy furnishings.
Where pests are coming from a neighbouring property, it is the neighbours' responsibility to deal with it. If they don't, the local council environmental health department should be contacted.
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Generally speaking, the tenant is responsible for the interior of the property and the freeholder the exterior. However, the responsibility for window cleaning should be clarified in the tenancy agreement, so do check.
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Tip for tenants: If you damage or break a window, report it to the landlord or managing agent as it's their responsibility to raise this with the freeholder and get it fixed, normally under the freeholder's buildings insurance.
If a property is burgled, locks usually need replacing, either because they were damaged to gain entry or because the security of keys was compromised. And sometimes tenants who lock themselves out end up forcing entry and damaging the lock. Other times, a tenant may simply lose their keys.
The landlords will be responsible for the locks to a property, but if keys to the property or to the entrance of the flats are lost, the tenant will be responsible for the cost of replacing them. As a tenant you will need to alert the landlord or managing agent and they will organise a replacement.
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Fires, floods and storms are the things that have the potential to cause the most damage to a property and, given the costs that could be involved, all of them that should be covered by a comprehensive insurance policy.
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Tip for landlords: Depending on the level of cover provided by the freeholder's buildings insurance, consider taking out Landlord Emergency cover for insured emergencies. There's a 24-hr claim line and we'll arrange for an approved contractor to secure the property and prevent damage, or further damage, taking care of the call-out charge, labour costs and any necessary materials, up to £1,500 (incl. VAT). The claim line number and details should be given to the tenant so they can call on your behalf if they can't get hold of you or your managing agent.
Summary
Landlords of leasehold properties can be placed in a tricky situation when it comes to maintenance and repairs for flats or other leasehold properties. Before creating a tenancy agreement, it is important to understand what cover, if any, is provided for buildings insurance for tenanted leasehold properties. Then you need to make sure you have the right cover in place and your own insurance company is aware of the buildings insurance cover provided (or not) by the freeholder.
Secondly you need to be clear on what the freeholder is responsible for from a repair and maintenance perspective and what, as a landlord, you need to do. It is wise, prior to buying a leasehold property, to find out as much about the freeholder and/or their managing agent as possible. If they are poor at taking responsibility for repairs or maintenance, and if the property's heating and hot water is reliant on the freeholder to fix, this could cause you many problems with the tenant, through no fault of your own.
Before you create a tenancy agreement for a leasehold property, make sure it reflects your rights and responsibilities as a leasehold property owner first and that the tenant is clear on who is responsible for which repairs and maintenance.
Most of the time, the landlord is responsible for keeping things within the property in good condition and working properly. However, tenants need to know if there is a third-party freeholder or managing agent who may need to be relied upon to fix some of the maintenance and repairs on the property.