Who is responsible for repairs under the landlord and tenant act?

December 31 , 2010
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December 31 , 2010

Who is responsible for repairs under the landlord and tenant act?

The Landlord and Tenant Act 1985 sets out the landlord repair obligations. The landlord is responsible for keeping the exterior of the property in good repair, keeping all installation and infrastructure for the supply of gas, electricity, sewerage in good repair, and keeping all installation in good repair. The Landlord and Tenant Act does not oblige the landlord to repair anything that has been damaged by the tenant. Furthermore the landlord and tenant act does not oblige the landlord to carry any interior repairs unless the damage caused as a result of the exterior damage, in which case the landlord is responsible under the Landlord and Tenant Act to repair it. The tenant is required by the landlord and tenant act to use the premises in a tenant like manner. Under s11(1B)(2)(b) of the Landlord and Tenant Act 1985 provides that the landlord will not be obliged to carry out repairs for damage caused as a result of firs, floods, or other inevitable accidents.

For the purpose of the Landlord and Tenant Act 1985, the standard of repairs required by the landlord through the implied repair covenant should be determined giving regard to the age, character, prospective life to the property and the locality in which it is situated.

The landlord obligations to repair under the Landlord and Tenant Act 1985 are in s11 of the act. It provides that these obligations are implied covenant, therefore in a written tenancy these obligations will be implied by the Landlord and Tenant Act 1985. The landlord will not be entitled to recover the cost of repairs through service charge paid by the tenant under the tenancy agreement.

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