When it comes to maintaining a rental property, there are certain responsibilities which fall on the landlord, certain responsibilities which belong to the tenants, and then there are things that sort of sit in the middle – and this is where it can sometimes get a little confusing.
It is important to pay attention to the Residential Tenancies Act 1986, which covers all the responsibilities covered by law – but where there are variations, it is critical to have this communicated in your individual tenancy agreement for both parties to sign against.
What are the landlord’s responsibilities?
Repairs and maintenance are a landlord's responsibility – particularly ones that keep the property in compliance with Government building and health and safety regulations.
To ensure this is always kept on top of, it is advisable to do regular inspections to ensure things are working correctly, rather than having to respond to an urgent requirement if something breaks. The landlord is also required to keep the home secure with working locks and other safety hardware.
Landlords have to keep chimney’s clean, maintain working fire alarms, and provide a form of heating for the main living room. It is also important that there is adequate ventilation, and that the rest of the house is able to be heated in a cost-effective way for the tenant (installed insulation etc).
Read more: The benefits of having an arm's length relationship with your tenant
What are the tenant’s responsibilities?
A tenant’s main responsibility is to keep the property in a tidy, reasonable condition – both inside and out.
This includes not causing any damage, and if this does occur, paying to have it repaired. However tenants aren’t liable when the damage occurs from a burglary, natural disaster, or fair wear and tear. Sometimes this can be difficult to distinguish, but as an example:
What is usually considered fair wear and tear:
- flooring getting worn
- taps and washers in the kitchen, bathroom or laundry wearing out or leaking
What is not normally considered fair wear and tear:
- burn marks or drink stains on the carpet
- drawing on wallpaper
In most cases a tenant is required to mow lawns and weed gardens, although sometimes the landlord includes this as their responsibility. However a tenant should always get in touch with the landlord or property manager before undertaking any large jobs – like pruning a tree – as any damage caused to the house during this process could mean the tenant is liable for the repair.
What are both parties responsible for?
There are a variety of things that both a landlord and tenant are jointly-responsible for, and this includes light bulbs, the exterior of the property, phone and internet services, pests and infestations, mould and dampness, and quiet enjoyment for neighbours – which also includes the tenant and the landlord not causing a nuisance for each other.
These things all come under shared responsibility because there is often an element of both parties needing to take ownership. For example, if a house is old and doesn’t have good ventilation, then it might be difficult for the tenant to manage any mould or dampness… but if the issue is a result of the tenant not opening windows and doors when possible, then there needs to be a degree of ownership over that problem.
It is highly-recommended that both a tenant and a landlord have their own insurance – the landlord for the property and the tenant for their contents (as well as a personal liability policy to protect you in case of any careless damage that you or guests may cause to the property).
What has been covered above is just a general guideline over the responsibilities of rental home, and further information can be found on the Tenancy Services website.
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