Landlord & Tenant Act 1985: a guide

The best a landlord can do is provide a good quality of living standards for their tenants. In turn, a tenant should always ensure that they fulfil their obligations as a tenant. This is exactly what the Landlord & Tenant Act of 1985 aims to set out.

This guide explores the key elements of the Landlord and Tenant Act of 1985, focusing on the rights and responsibilities of landlords and tenants.

Overview of the Landlord & Tenant Act 1985

The Landlord & Tenant Act 1985 is a crucial piece of legislation in the UK that defines the rights and obligations of landlords and tenants. It creates a legal structure for the rental market and governs various aspects of the tenant-landlord relationship.

Key provisions of the act include:

• Security of tenure – the act defines different tenancy types, such as assured and assured shorthold tenancies, detailing the rules on tenancy duration, notice periods for termination, and tenants’ rights to remain in their homes.
• Rent regulation – it introduced rules governing rent levels for specific tenancies, including regulated ones. It outlines how to determine ‘fair rents’ and includes processes for rent adjustments and appeals.
• Repair and maintenance – the act also specifies the responsibilities of landlords and tenants concerning property upkeep and repairs. It differentiates between minor and major repairs, clarifying who is accountable for each and addressing the consequences of failing to meet repair obligations.
• Landlord’s right to access – the Landlord & Tenant Act 1985 sets standards for when and how landlords of their representatives can enter rental properties. It requires advance notice for tenants and specifies exceptions for emergencies or necessary repairs.

It’s important to remember that the act has been amended and added to by later legislation, so both landlords and tenants should refer to the most current versions of the act.

Key sections of the Landlord & Tenant Act 1985

Let’s run through the key sections of the Landlord & Tenant Act 1985.

Transparency of landlord identity

Often, landlords run their rental businesses through intermediaries like letting agents which can obscure the true identity of decision makers. According to the Landlord & Tenant Act 1985, if a tenant requests the landlord’s name and address in writing from anyone collecting rent or acting as an agent, they must provide information within 21 days.

If the landlord is a limited company, the tenant can also request the names and addresses of the company’s secretary and directors, also within a 21 day timeframe.

Responsibility for minor repairs

The tenancy agreement should clearly define minor repairs and specify who is responsible for them.

Most agreements impose four obligations on tenants:

• Keeping the property reasonably clean and tidy
• Ensuring the safety of any personal electrical appliances
• Maintaining the garden or outside area
• Handling minor maintenance tasks, such as changing light bulbs and smoke alarm batteries.

The agreement should also clarify that tenants are liable for any damage caused by themselves, their children, guests, or pets.

Tenant’s right to quiet enjoyment

‘Quiet enjoyment’ is a legal term that shouldn’t be confused with a right to complete silence or a perfectly peaceful environment. Section 9A of the Landlord & Tenant Act 1985 signifies when a landlord or contractor can enter a tenant’s home.

Except in emergencies (e.g. floods or fires), entry is allowed only at reasonable times with at least 24 hours’ written notice. Tenants can request a more convenient time but must allow access once an appointment is agreed.

Section 11 of the Landlord and Tenant Act 1985

Section 11 is a key provision regarding a landlord’s repair responsibilities in rental property.

The main points of section 11 include:

• Implied covenant – Section 11 implies a contractual obligation for landlords to keep the structure and exterior of the property in good repair, including walls, roofs, windows and doors.
• Repair standards – landlords must maintain properties to ensure they are fit for habitation and free from defects that could risk the health or safety of occupants.
• Notice of disrepair – tenants should inform landlords in writing about any disrepair, providing sufficient detail about the issues needing attention. This notice allows landlords a reasonable opportunity to make repairs.
• Timeframe for repairs – upon receiving notice of disrepair, landlords must address necessary repairs within a reasonable timeframe. This timeframe may vary based on the severity of the repairs, but the landlords are expected to act quikcly.
• Landlord’s remedial action – if landlords fail to make necessary repairs promptly, tenants may have the right to take legal action. This could involve applying for a court order to compel repairs or seeking compensation for losses or inconvenience suffered.

Section 11 applies to both furnished and unfurnished buy to let properties and cannot be waived by contract. Landlords have an ongoing duty to maintain properties throughout the tenancy, not just at the beginning.

Landlord obligations to maintain safe living standards

Landlords have fundamental responsibilities to ensure the safety and habitability of rental properties. They must provide dwellings that are suitable for human habitation and free from safety hazards.

This section covers specific fixtures and fittings landlords must maintain in proper repair and working order:

• Electricity – safe electrical installations, including wiring and light fittings. Landlords are required to conduct electrical inspections every five years to ensure compliance with safety standards.
• Appliances – if landlords provide electrical appliances like washing machines and fridges, they must repair them unless the damage is caused by the tenant.
• Gas – all gas appliances, fittings and pipes must be well maintained with annual gas safety inspections to ensure tenant safety.
• Water – landlords must also supply running water and ensure necessary facilities like sinks and showers are available.
• Heating and hot water – heating systems must be maintained and a consistent hot water supply must be provided. Gas boilers and appliances should be checked annually, while electric boilers should be inspected every five years.
• Fire and smoke alarms – fire and smoke alarms must be installed and should operate correctly. Tenants should regularly check these alarms and landlords must promptly address any faults.

The Landlord & Tenant Act 1985 is essential in regulating the relationship between landlords and tenants, ensuring that the rights and responsibilities of both parties are respected. From the obligations to maintain safe living standards and carry out necessary repairs to the requirement for proper notice and access, this legislation establishes a framework for fair and transparent rental practices.

As a landlord, it is important to stay organised and attentive. Part of being a responsible landlord is ensuring that you have the right landlord insurance cover. Get in touch with us today to see how we can help. Get a quote online today or request a callback.