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Library
Introduction
Acknowledgements
Acknowledgement is given to LG Regulation and ANUK for the source material.
Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland
Introduction to Subject
Landlords are expected to keep any property they let to tenants, in a good state of repair and well maintained. There are legal requirements as well as best practice for the safe and effective letting of a premise.
In addition to any repair responsibilities expressly set out in the tenancy agreement; common law and statute will imply terms to the agreement between landlord and tenant. These are obligations between the landlord and tenant which may not be set down in the agreement but which are given by law and are implied into all tenancy agreements. These terms form part of the contract, even though they have not been specifically agreed between the two parties.
As a general rule the building itself and the immediate surroundings should be able to withstand normal weather conditions, and normal use by tenants and their visitors. It must be in a reasonable state of repair both internally and externally, and fit for human habitation at the start of the tenancy. There should be no dampness either in the form of rising damp, penetration from the outside or condensation.
Statutory and Common Law requires that there should be no unacceptable level of risk to the health or safety of the occupiers or their visitors. Remember that if the tenant or visitors have an accident or suffer injury due to the poor condition of the property (for example a fall caused by a broken handrail or respiratory diseases caused by damp conditions), you may be liable to them for damages for personal injury.
There are other specific obligations to repair and maintain, such as
- the Housing Health and Safety Rating System
- responsibilities for gas and electrical safety
- furnishings and fire safety
- responsibilities of managers of Houses of Multiple Occupation.
These are detailed in separate subjects elsewhere in the Landlord Library.
Legislation
Resource 1 of 8 in Implied Terms for Maintenance and Repair