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Does the Landlord and Tenant Act set out who is responsible for repairs to the structure and exterior of the property?

Under Landlord and Tenant Act, the landlord is responsible for repairs to the structure and exterior of the property. The Landlord and Tenant Act does not oblige the landlord to repair damage caused by the tenant, or for anything that the tenant can take away unless the damage was as a result of the landlord failure to carry out his repair obligations under the Landlord and Tenant Act. The landlord will not be responsible under the Landlord and Tenant Act for rebuilding the property in the case of damage by dire, flood or inevitable causes. The courts may vary the landlord repair obligations under the Landlord and Tenant Act. The landlord will not be entitled to recover the cost of repairs through service charge.

The landlord obligation under the Landlord and Tenant Act is to keep in repair; therefore landlord should put the property in repair from the start to the end of the tenancy.

S11 of the Landlord and Tenant Act makes provision for disrepair to the structure or exterior.  Therefore damage or disrepair that is not structural will not be covered. For the purpose of the Landlord and Tenant Act exterior is the outside or external parts of a dwelling, but does not include items such as outside paving, garden walls and gates. ‘Structure’ for the purpose of the Landlord and Tenant Act covers more than structural defects, it covers those that holds the property together.

The Landlord and Tenant Act provide that the tenant must use the property in a tenant-like-manner and therefore any damage caused by the tenant will be the responsibility of the tenant to repair it.

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