By Chris Chambers
According to recent research 250,000 tenants a year in the UK are withholding rent to pay for urgent repairs which their landlords have not acted on. Usually tenants have a right to do this - so landlords: act on those repairs quickly - it's in your interest.
However, many landlords will have experienced the tenant that requests a repair that is an "emergency" or instructs tradesman to act on tasks that were not emergencies or even very urgent at all! However, a balance needs to be struck - you don't want a tenant to be completely inactive and ignorant of major problems that are quickly going to worsen and be a danger to both the tenant and the property.
Give your tenants advice - if you are using an agent they should do this for you. Here are some extracts from our advice booklet which we give to our tenants:
Emergency repairs and callouts
Remember; what may seem like an emergency to you may not be seen as an emergency by your landlord. So think carefully about the situation, especially if the landlord is going to be expected to pay an emergency call out fee. To be treated as an emergency the fault must carry the risk of immediate injury to people or major damage to property. We consider the following to be emergency repairs:
- Escape of gas or fumes
- Electrical fittings in contact with water
- Live or bare electric wiring
- Sewage overflowing into the home
- Outside doors that need secured
- Burst storage tanks, cylinders or pipes
- Failure of all lights or all power
- Failure of heating systems in severe weather and where no alternative is available
Emergency repairs can be initiated by the tenant by contacting the relevant tradesman from the list of preferred tradesman detailed in the next chapter. You must inform Proudhouse Property Management (if we are your managing agent) or your landlord without delay and include details of the emergency/defect/malfunction, the name of the tradesman/emergency organisation that you contacted and any fees that have been incurred. Any other requirement for repairs should be raised with Proudhouse Property Management (if we are your managing agent) or with your landlord.
Maintenance
This is a much debated subject and can become emotional! It is best to clarify at an early stage who is responsible for what. As a general rule, for short leases (eg an AST) the landlord/freeholder will be responsible (ie pay for) for upkeep of the external parts of the property. He/she will also be responsible (ie pay for) for provision of equipment for heating and services. If he/she has provided any goods or appliances which were present at the commencement of the tenancy then he/she is responsible for ensuring that they remain in working order. However, a tenant should never expect a betterment on what was present at the start of the tenancy (unless the object concerned is a snag, hazard or danger) - so as an example, if the washing machine breaks down and is beyond repair then the landlord is obliged to replace it only with something of similar quality and functionality as the original - this could even be comparable second-hand item assuming it was safety checked.
Tenants are expected to take reasonable care of the property, irrespective of any expressed terms in the tenancy agreement.
...you must be vigilant to emergent defects that can cause damage over time - eg a slowly leaking pipe which is causing a damp patch on a ceiling: do not ignore this! Inform the landlord or agent and ensure that it gets rectified - otherwise you could be guilty of something known as “permissive waste” (ie allowing the property to fall into disrepair).
Chris Chambers is the owner of Proudhouse Property Managament - we are an ARLA licensed firm and members of the Property Ombudsman Scheme. We provide property management and lettings in Yeovil, Sherborne, Somerset and Dorset.
