What repairs are tenants responsible for?

What repairs are tenants responsible for? This is a question that often gets asked and can potentially open up a can of worms if not answered correctly. It is important for both tenants and landlords to understand what their repair responsibilities are to avoid any confusion and to prevent any disputes when damages occur and repairs need to be done. 

As a landlord, this may be one of the trickiest things to navigate and so it’s always necessary to highlight these responsibilities within the tenancy agreement, too. Luckily, however, the UK tenancy laws clearly define the responsibilities that both parties have.  

Tenant maintenance responsibilities and the law

Generally speaking, landlords are responsible for major structural repairs, such as roofs, walls and windows), plumbing, heating and hot water systems, and electrical safety and gas appliances. As the landlord, you’ll be responsible for ensuring that the property is safe and habitable for your tenants, as per the Homes (Fitness for Human Habitation) Act 2018. 

So, what are tenant’s rights when it comes to repairs and maintenance? Any minor maintenance and day-to-day upkeep of the property will be the responsibility of your tenants. This includes promptly reporting any issues with the property to ensure that any further damage is prevented as much as possible. 

Common tenant maintenance repair responsibilities 

Let’s take a look at the responsibilities of your tenants in a bit more detail when it comes to maintenance. We mentioned earlier that the day-to-day upkeep of the property will be their responsibility, which includes: 

• Replacing light bulbs and batteries in smoke alarms.
• Keeping the property reasonably clean to prevent issues like mould or pest infestations.

• Tightening loose door handles or cupboard hinges.
• Replacing shower curtains or minor bathroom fittings.
• Mowing the lawn and maintaining outdoor areas if agreed in the tenancy agreement.

Essentially, your tenants will need to ensure that the property is kept in a tidy and clean condition, but they are not required to leave your property in a better state than what they received it in. Tenants are also not responsible for any normal wear and tear, but it is their responsibility to inform you as soon as possible of any wear and tear that needs to be repaired. 

When tenants may be liable for repairs

There are instances, however, when tenants are solely responsible for repairs, such as if they have been negligent or misused the property in any way. 

So, if tenants cause damage such as blocked drains due to flushing wet wipes, grease or food, broken windows or doors due to damage rather than fair wear and tear or failing to report an issue which then leads to a bigger issue down the line, it will become their responsibility. 

The role of the tenancy agreement

It is your responsibility as the landlord to ensure that you have clearly defined the tenant maintenance responsibilities in the tenancy agreement so that there is no confusion surrounding the topic. Also, it is important to highlight the importance of tenants reporting any issues promptly as this will also help prevent any disputes.

Equally, tenants will need to ensure that they read through the tenancy agreement thoroughly so that they understand what their repair responsibilities are. This should be done before signing the tenancy agreement so that if there is anything that is unclear, they can ask the questions before agreeing to something without knowing the full expectation.

As well as a well-drafted tenancy agreement, landlord-tenant communication needs to be clear and well-documented. This will massively reduce confusion and any anxieties around tenants’ rights surrounding repairs and maintenance. 

Property inspection

To support your efforts in maintaining your property and keeping it safe for habitation, you should regularly conduct property inspections. This is probably one of the easiest ways to come across any repairs that need to be made to the property. Alternatively, you’ll need to rely on the tenant to inform you when there is an issue with the property. 

Property inspections should be carried out at least every 3 months, which gives you enough time in between inspections to ensure that any major repairs are done. Also, this ensures that any damages don’t become a lot bigger and are left for a longer period.  

Fair wear and tear

It is important to recognise the difference between malicious damage and fair wear and tear as this will help you in knowing what repairs tenants are responsible for. Determining the difference is crucial in avoiding disputes. 

Fair wear and tear is deemed as unavoidable damage that occurs over time to the property. This cannot always be prevented. In comparison, damage is something that is caused by the tenant, whether intentionally or unintentionally or due to being negligent. Again, we advise that the tenancy agreement differentiates between the two to prevent any unnecessary disputes.  

There are a few factors that need to be taken into consideration when determining whether the damage can be classed as fair wear and tear, such as: 

• The length of the lease agreement – the longer a tenant lives in the property, the more chance there is of wear and tear occurring
• The condition of the property before the tenant moved in –  tenants are only required to return the property in the condition they were given it in
• The number of occupants living in the property – more tenants mean more chance of damage
• The way the damage was caused – you need to establish whether or not the damage caused was intentional or accidental

If you have established that the damage is fair wear and tear, it will not be the responsibility of the tenant to repair it. 

Although there is little that can be done when it comes to fair wear and tear, it is imperative that you are aware of tenant maintenance repairs. Make sure that these are clearly defined in the tenancy agreement to mitigate any unnecessary disputes in the future. Also, encourage clear and open communication with the tenant so that they feel comfortable reporting any damages to you. 

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