Advice for landlords:  legal responsibilities

Landlords have a responsibility to their tenants, and are required by law to maintain and repair household appliances and services they provide, e.g. the safety of gas appliances and that furniture and furnishings meet fire safety standards.

They are not allowed to intimidate, harass or illegally evict tenants  - see tenant eviction for the correct process that landlords need to follow.

This section defines harassment and illegal eviction, and outlines a landlord’s requirements for repairs and maintenance.

What is harassment?

Harassment can be defined as any action or behaviour that interferes with a tenants legal rights in your accommodation, such as:

• cutting off electricity, gas or water supply
• threatening to make a tenant leave
• forcing a tenant to sign an agreement reducing their legal rights
• entering their home without permission
• demanding rent in a threatening manner
• moving into part of a tenant's home without permission
• sending builders in without notice or at unsocial hours
• racial or sexual harassment or harassment of lesbians or gay men

What is illegal eviction?

• changing locks
• physically throwing a tenant out
• stopping  a tenant from getting into all or part of their home

Repairs

As well as having a duty to provide accommodation which meets specific space and other requirements, landlords are also responsible for repairs to:

• The structure and exterior
• Basins, sinks and baths
• Heating and hot water systems except where the tenancy has a fixed term of more than seven years (Landlord and Tenant Act 1985).

However, the landlord is not generally responsible for repairs arising from damage caused by the tenant

What about dampness?

It isn't always easy to work out who is responsible for sorting out problems with damp, because it's often difficult to identify the cause. However, landlords are usually responsible for getting repairs done if the dampness is the result of:

• leaking pipes
• a structural defect (such as leaking roof or cracked wall)
• an existing damp proof course that is no longer working (if there wasn't one to begin with, your landlord is not liable)

Some dampness is a result of condensation caused by lack of ventilation, lack of insulation, and inadequate heating. Where this is the case, sometimes a tenancy agreement will mean that the landlord must to take steps to remedy the problem. Sometimes the council's environmental health department may be able to take action. Sometimes due to the design of the building there may be little that you can do.

Bear in mind that condensation can also be caused by drying clothes indoors or not using heating systems properly. If this is the case, your landlord is probably not liable.

Gas installation and appliances

The Gas Safety (Installation and Use) Regulations 1994 require landlords in certain circumstances to ensure that the gas installation and appliances are maintained in good order and checked for safety at least once a year. A record of checks must be kept and a copy given to tenants. Only CORGI registered engineers can carry out the inspection and issue the certificate.

Furniture and furnishings

The Furniture and Furnishings (Fire Safety) Regulations 1988 (as amended in 1989 and 1993) place obligations on landlords to ensure any furniture and furnishings supplied meet the fire resistance requirements set out in the regulations.

For more information, visit the Health and Safety Executive website.