Landlord/Tenant Responsibilities
Hi Guys,
I was wondering about something and wondering if anyone here might be able to shed even a little bit of light on it.
The matter pertains to whether or not landlords, renting residential accommodation, have any sort of minimum legal responsibilities with regards to the property or whether it is possible to write a lawful contract stating that the tenant accepts responsibility for the maintenance of the entire interior of the property, with no responsibility belong to the landlord except certain exterior portions?
It's a commonly accepted verbal agreement where I live, and especially in the block of flats/apartments where I live, and generally the feeling is that if a potential tenant doesn't like it they can go elsewhere. However, I have often wondered about whether or not it could be lawful for a landlord to totally remove from themselves any and all responsibility, or at least, what the limit might be if there is one.
I should state that I live in, and am talking about, Gibraltar and I am, of course, fully aware that the laws here are different to present UK laws. However, Gibraltar laws are usually based on UK law, and since I have no-one here to approach, I thought I'd find out how such a concept might play out in the UK, just to get an idea of what scenarios might exist. Gibraltar being so small, and relatively packed, rent usually comes in at a premium, and so there is a pressure on tenants to conform/not rock the boat, but I'm still curious about the legality of this setup.
"I understand no legal advice is given, laws may be different.....etc. etc." :)
Cheers!
Re: Landlord/Tenant Responsibilities
The usual caveat under British Law is that no contract can remove any right granted under law, and the Landlord and Tenant Act 1985 makes certain provisions - under Section 11 - for things that landlords are, by law, responsible for repairing/maintaining. Section 12 specifically allows for a contractual clause releasing the landlord from their obligations under Section 11, but only if it is authorised by the county court. Can you tell that I've been having some issues getting my landlord to make certain repairs recently? ;)
I'd be very surprised if Gibraltar law didn't follow British law closely in this: the text of the British act is here: http://www.legislation.gov.uk/ukpga/1985/70 for reference.
Re: Landlord/Tenant Responsibilities
Landlords have to make sure the gas is safe with an annual safety cert. Also electrics have to be demonstrably safe. Plumbing and structural integrity is landlord's responsibility. It gets a bit greyer after that...
As scaryjim says, I don't think you can remove legal rights. Best you can do is rent as unfurnished and take as big a deposit as you can in case the tenants trash the place. Take pics and a good inventory.
Re: Landlord/Tenant Responsibilities
Can you be a little bit more specific about what interior elements you are talking about?
The way I understand it is that if you are renting a furnished property then it is your responsibility to look after the furnishings and fittings as detailed in the Inventory that you signed as part of your tenancy agreement, I think it is fair to expect that the property you move in to has been checked, cleaned and is handed over in a presentable manner and I think it is fair for the landlord to expect that in return.
Deposits are taken and registered to ensure that tenants that have looked after the property will get their deposits returned in full, however tenants that have abused or misused furnishings and fittings should have deductions made where it seems reasonable to assume that the deterioration of the item(s) concerned are beyond what might be considered normal wear and tear. Posters on walls leading to marks on the paint/wallpaper should be down to the tenant to fix, assuming the tenant put the posters up etc...
When it comes to maintenance, if the landlord provided dishwashers/washing machines or other kitchen appliances and these breakdown then in the first instance it should be the landlord that deals with this, either through a maintenance contract or by dealing with these on a case by case basis, obviously from a landlords point of view getting a maintenance contract means that he doesn't need to be on call 24/7 as the tenant can call and get the issue resolved themselves.
I think it is the tenants responsibility to deal with cleaning the property and in some contracts they might stipulate keeping the garden tidy, cutting the grass once every 12 to 20 weeks etc... but only for the private areas of their homes and not shared/communal areas.
These are my opinions, I don't know if they cross/break UK laws in anyway.
Re: Landlord/Tenant Responsibilities
Thanks guys.
I my case I'm the tenant and since moving in I've wondered about the following:
1 - Following a electricity authority's check of the property the mains service cable (that brings the supply into the circuit breaker from the main outside line) was found to be of an old type that needed to be replaced. When I spoke with the landlord's secretary I was told this had come up before and it was considered to be 'inside' the house and therefore the tenant's responsibility. So I had it replaced.
2 - I've now twice replaced the boiler - the original one that was there when we arrived died shortly after. So I replaced it. And then the replacement died after a year (don't get me started about Gibraltar and boilers, it's a nightmare :).
3 - I've now found that the cold water pipe feeding the boiler has a leak at one of the joints. That too is apparently my responsibility.
I did rent the place furnished - boiler, washing machine, TV, and some wardrobes etc. and I understand and accept my responsibility in maintaining/replacing those things due to wear and tear, it just seems that some of the infrastructure type responsibilities seem to go a bit too far. I don't really know though.
Re: Landlord/Tenant Responsibilities
Under UK law all those would come under the fabric of the building I think and would generally be the responsibility of the landlord. Gibraltar may be different, and the fact that you've done the work may prejudice your rights, I'm not sure. Does gibraltar have the equivalent of the CAB?
Re: Landlord/Tenant Responsibilities
Yes, in fact, I've just come in from the CAB. The lady I spoke with couldn't help so I've been advised to email her and she'll pass on my request to a suitable adviser.
UPDATE: I've now emailed the CAB, requesting their assistance in clarifying the basic rights and responsibilities of landlords and tenants in Gibraltar, and I've emailed them this link - https://www.gov.uk/private-renting - as an example of the sort of clarification I would like.
UPDATE 2: I haven't heard back from the CAB yet, but I found this sentence on the Gibraltar Government website: "Property Law is also broadly based on the UK system as it was prior to the inception of the Law Property Act 1925." I don't know if it's relevant, it might be more to do with buying/owning land or property rather than the landlord/tenant relationship. Does anyone know what sort of bearing that might have?
https://www.gibraltar.gov.gi/home/2752
Re: Landlord/Tenant Responsibilities
As far as I can see from the Gibraltar government website, the Landlord and Tenant Act 1985 applies in Gibraltar: http://www.gibraltarlaws.gov.gi/view...1&id=000000301
So read the details from the link I posted earlier - particularly Section 11 and the following sections which detail when Section 11 does and doesn't apply. Unless you have specifically agreed otherwise and that agreement has been authorised by an appropriate authority (whatever the Gibraltar equivalent to a county court is), or your lease is for a period of 7 or more years (which seems unlikely), anything listed under Section 11 should be your landlord's responsibility. That includes supply of services to the property and installations for space heating - so all the things mentioned above should probably have been the landlord's responsibilities.
Then take legal advice, to make sure that a) my reading of the website is correct in terms of the Landlord and Tenant act applying, and b) you haven't somehow agreed to a tenancy that has been authorised by an appropriate court to remove the landlord's responsibilities under Section 11 (I'm pretty sure that it should've been made clear to you if that was the case, so if it wasn't you might still have a case), and c) there isn't existing case law in Gibraltar's jurisdiction against your position.
It sounds like, if you do want to make a case of it, you'll be going against the prevailing culture out there, so be prepared for an uphill struggle if you choose to push back; good luck if you go for it :)
Re: Landlord/Tenant Responsibilities
I feel for you man, we're experiencing our own land lord woes at the moment. Its surprising how flexible the terms of a contract and a landlord's word can become when they smell a chance to grab more money. We've had to really clobber together some Frankenstein's monster-esque legal knowledge just to keep ourselves from getting screwed.
Sounds like you've got the information you need to start making your case and best of luck if you choose to go for it.
Re: Landlord/Tenant Responsibilities
Hello Gallant, Scaaryjim and keyboardDemon are talking plenty sense. I am currently resident in the UK and have enough experience of these things to agree with them. I will add that having also lived in other parts of the world, these kind of issues are common. Landlords tend to know the relevant laws and unfortunately, some will do all they can to avoid all or most of their responsibilities to less knowledgeable tenants, particularly when there is likely to be a financial outlay. it is also a way for them to have their property and its fittings etc, repaired, refurbished or upgraded by an un-suspecting tenant. You are taking the correct steps (albeit late) to find out just where you stand with regards to contracts, obligations etc. Once armed with that, you will have to do your best to assert those; likely through the legal/judiciary system. I find it hard to believe that you are not owed a big refund, but it will depend on what was legally/mutually agreed between the landlord and yourself, and the landlord's statuary legal obligations. It will be worth your while getting advise from a lawyer/solicitor. Also get GOD on your side and push for it. You will succeed!
Re: Landlord/Tenant Responsibilities
Thanks guys.
FYI - I'm still waiting for a response from either of the two places I contacted. I'll update when I hear something.
Honestly, I find the prospect of engaging in some sort of battle rather daunting. If it turns out to be something other than a straight-forward process I don't know that I'll put up much of a fight. Still, I'll cross that bridge once I come to it. For now I just want to understand the 'lay of the land'.