We wish to welcome you into our family as a tenant now that you have been accepted for the property of your choice
We have produced an information guide to assist you when renting property though us.
First of all there are some responsibilities you have as tenants.
Tenant Responsibilities
Common Law and Statute Law are applicable to tenants.
Common Law
Tenants are covered in two angles:
To use the property in a Tenant-Like Manner
Obligation not to commit waste (damage)
Tenant-Like Manner
Tenants are expected to take reasonable care of the property, irrespective of any express terms in the tenancy agreement.
In a famous case Warren v Keen (1953)
A Tenant must take care of the property, he must, if going away in winter, turn off water. He must clean any open chimneys (not used so much now due to central heating) – but still applies. He must repair electric fuses when they blow, unstop a blocked sink when blocked by his waste.
In shot the tenant must do little jobs around the property which a reasonable tenant would do. In addition, the tenant must not damage the property, wilfully or negligently, also the tenant must see that family or guests do not damage it either.
This means that tenants cannot ignore disrepair completely and some repair will have to be done if it is a direct result of the tenant’s occupation. If the tenant has blocked a sink, drain or pipe by disposing of matter that should not be placed down these, then the cost of clearing the blockage would be down to the tenant NOT the landlord. This includes, oil/fat from food, as well as food waste (rice etc) blocking gulleys. Nappies etc should not be flushed down toilets.
Waste
The second of the Common Law obligations falling on tenants is the obligation not to commit “waste”. In Common Law “Waste” means something, or not doing something that allows damage or deterioration to occur.
There are two kinds of waste
Voluntary Waste
Permissive Waste
Voluntary Waste – is where a tenant accidentally or deliberately causes damage, So throwing a piece of furniture and breaking it or excessive use of a piece of furniture and accidentally breaking it are both examples of voluntary waste
Permissive Waste – is allowing for the deterioration or damage to occur and failing to take action to prevent it. So, if there was a leak from a pipe in the attic and the tenant knew but did nothing about it and allowed damage to occur as a result, this would be permissive waste
The Tenant should at least report the problem as soon as it occurs, also take action to prevent further damage to occur – ie turn of water, make a temporary repair until it can be properly repaired by the landlord
This is covered in the Warren v Keen case Lord Denning’s report – Not to wilfully or negligently damage the property.
Fair Wear and Tear
There is under Common Law an aspect of Fair Wear and Tear – This would include that a tenant is not responsible for disrepair that occurs to the fabric or fixtures and fittings with age, SO LONG as the Tenant as behaved in a Tenant Like Manner. Due to normal occupation there would always be some reasonable Wear and Tear, and therefore this would be allowable. However, should the Tenant not keep the property in Reasonable condition and Occupy the Property properly, then these would be an element of Unfair Wear and Tear for which the Tenant would be liable.
Terms of a Tenancy have to be Reasonable and comply with the Unfair Terms in Consumer Contracts Regulations 1999. Therefore it would be UNREASONABLE for Tenant to be expected to clean the windows inside and out every week, whether they needed cleaning or not.
But a clause reading something like – A tenant should clean the windows of the property when they become dirty –
There would have to be an amended clause for blocks of apartments etc, where it would be impossible for the Tenant to clean the outside of the windows.
Finally on this point: If a landlord has an obligation to keep the property in good repair and other obligations – It is only right that the Tenant allows the landlord access during normal daytime hours entry to carry out an inspection and wants of repair. It would be UNFAIR for a Tenant to refuse access
Please read the information guide for further information
