Tenant

Responsibilities

What are my Responsibilities as a Tenant?

If you’re looking at flats to rent in London, orare already a tenant, you might bewondering what property maintenanceand other responsibilities fall to you.

Everything should be set out in yourtenancy agreement but lettings is changingall the time and the message doesn’talways reach the tenant.

What follows is a quick summary of theresponsibilities that fall to tenants.

The Court Case that Defined Responsibility

If you’re in a house or flat to rent in London,you might not be aware of Lord Dennings'

judgement on the Warren versus Keencase but it is worth knowing.

This was a dispute in the 1950s between atenant and a landlord over propertymaintenance.

The resulting judgement provides theframework that letting agents apply today.

Lord Dennings issued the following:

The Court Case that Defined Responsibility

"The tenant must take proper care of theplace .

He must clean the windows. He mustmend the electric light when it fuses. Hemust unblock the sink when it is blocked byits waste.

In short he must do the little jobs about theplace which a reasonable tenant would do.

In addition, he must not damage the house,wilfully or negligently and he must see thathis family and guests do not damage it. Ifthey do he must repair it”.

Seeking Clarification of Responsibilities

Lord Dennings’ judgement is open tointerpretation.

Therefore, tenants should always read theirtenancy agreement in detail so they knowwhat aspects they are responsible for.

At Sandfords - Central London lettingagents - we:

1. Make it clear what a landlord is legallyresponsible for (gas, electrical, water andstructural safety).

2. Provide an indicative list of whatresponsibilities fall to a tenant.

Using Common Sense

It is worth noting that the services providedby a letting agent or property manager arenot the same as a concierge at a five starhotel.

In the past managers have been called by atenant to change a light bulb or a vacuumbag.

These basic maintenance and DIY issuesshould be addressed by the tenant.

Using Common Sense

Nor are flats to rent in London the same ashotels - there is no room service or cleaner,unless documented in the tenancyagreement.

If in doubt, ask the letting agent or landlordfor a list of tenant responsibilities pertainingto the particular rental property.

Testing Smoke and Carbon Monoxide Alarms

The issue of responsibility has recentlyresurfaced after the introduction of a newlaw that stipulates landlords must installsmoke alarms and carbon monoxidedetectors in all new lets.

The regular testing of such alarms duringthe tenancy, however, is the responsibilityof the tenant. It is also the responsibility ofthe tenant to change the battery, should itbe dead.

Other Tenant Responsibilities

Maintaining the garden, if there is one.

Preventing pipes from blocking orfreezing.

Taking sensible precautions to ensurethere are no floods.

Looking after the property, its fixturesand furniture - ensuring there is nomalicious or intentional damage by thetenant or visitors..

Changing light bulbs and fuses.

Disposing of rubbish.

Keeping the property well ventilated tostop excessive moisture, condensationand mould.

Replacing anything damaged orbroken by the tenant or their visitors.

Clearing gutters when an obstruction iscausing an issue.

As a guide, it is common for tenants to take responsibility for:

Our Offices

Marylebone

6 Paddington Street,London W1U 5QGT: +44 (0)20 7224 4994

Primrose Hill107 Regent’s Park Road,London NW1 8URT: +44 (0)20 7722 7997

Property Management213-215 Gloucester Place,London NW1 6BUT: +44 (0)20 7723 9988

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6 Nottingham Place,London W1U 5NAT: +44 (0)20 7099 1133

www.sandfords.com

If you would like advice on renting a property in Central London or need clarification ontenant responsibilities, contact Sandfords today. Our lettings team would be happy tohelp.