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Changes to Repair Responsibilities for Landlords
This article is an external press release originally published on the Landlord News website, which has now been migrated to the Just Landlords blog.
Changes to the Landlord and Tenant Act 1985 could have negative consequences for landlords.
Section 11 of the Act explains whether the landlord or tenant is responsible for repairing a property while it is rented.
Changes to Repair Responsibilities for Landlords
It states that a landlord must, “keep in repair, the structure and exterior of the dwelling house” as well as any part of the building where a landlord has an “estate or interest.”
Often, it is assumed that landlords are only responsible for the interior of the rental property. However, they should remember that outside areas could also be their concern.
Entrance areas, pathways, parking areas and stairwells could all be the duty of the landlord, depending on whether these areas provide access to the property. If they do, the landlords have an estate or interest and must therefore repair any damage.
Director of Rentguard Insurance, Steve Jones, says: “With this increased level of responsibility, landlords with be under added pressure to ensure that they are providing a safe and secure environment for their tenants.”
The legislation changes add extra responsibility onto the landlord, but may also carry risks. Landlords could now be sued for not completing repairs, despite not owning the damaged area.
Furthermore, landlords of flats should note that management companies might not be liable for damage outside a block of flats.
Jones continues: “The main aspects that landlords need to consider are hazardous defects that can case injuries to tenants, such as damaged areas that can lead to people tripping or slipping. The revision of section 11 implies that landlords will need to liaise with superior landlords and those responsible for common areas, in order to ensure that defects are repaired quickly and a high level of safety is maintained.
“Landlords must protect themselves, as tenants are not obliged to report disrepair and one of the best ways to do this is to have the right insurance.”1
