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Court proceedings under the Landlord and Tenant Act

The Landlord and Tenant Act is a statutory code which regulates tenancy agreements for residential and business properties.

Landlord is the person who rent its property to the person called a tenant who takes the home as a rent. The Landlord Tenant Act is in place to govern the rental of both the commercial and residential properties. The contents of the Landlord and Tenant Act are based on the state’s common law so there will be differences in the Act between various regions.

If sections of the Landlord and Tenant Act are breached, by either the Landlord or Tenant, it is possible to bring action against one party which could include a Tenant being evicted, forcing a Landlord to repair the property etc.

Under the Landlord and Tenant Act the two parties are responsible for the following:

Landlord –

  • repairs to the structure and exterior of the property, heating and hot water installations, basins, sinks, baths and other sanitary installations
  • the safety of gas and electrical appliances
  • the fire safety of furniture and furnishings provided under the tenancy
  • ensuring that the property is fit for habitation
  • repairing and keeping in working order the room and water heating equipment
  • the common areas in multi-occupancy dwellings

Tenant –

  • paying the rent as agreed and taking proper care of the property
  • bills for gas electricity, telephone, etc if this was agreed with your landlord
  • in most cases, paying the council tax, water and sewerage charges

Should any of these above be breached then action can be taken which includes Court proceedings. The time taken for these proceedings to complete will vary dependant on the complexity of the matter. A specific timescale cannot be given but it is always advised that parties settle matters out of Court.

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