Rules for renters: our landlord guide to your tenant’s duties of care

If you want your tenant to look after your rental property correctly, it's unfortunately not enough to rely on them knowing every letter of the law around their responsibilities.

What some might see as basic housekeeping or even common sense, others may not, and without specific wording in the rental contract, the door is open for problems, disputes and disappointment.

Legally, tenants are required to act “in a tenant-like manner”, but many have no idea what that means. Plenty of landlords don't know either, and most off-the-shelf tenancy agreements are too general.

With that in mind, we thought it was time to offer landlords some welcome clarity around:

• What is ‘a tenant-like manner’?

• Everyday responsibilities for tenants.

• Liability for accidents and damages.

• Keeping your property safe and secure.

• Getting access for inspections, maintenance and repairs.

From the bare essentials to some finer details, we’ll break down everything you need to ensure your tenants are 100% clear on their duties of care, so your investment is properly protected.

WHAT IS ‘A TENANT-LIKE MANNER’?

Despite the lack of awareness over exactly what counts as a tenant-like manner, the standard was effectively set way back in 1953 in a judgement by Lord Denning in the Warren vs Keen tenancy dispute.

He ruled that a tenant “must take proper care of the place” and:

• Carry out little jobs around the home that a homeowner would normally do, such as changing fuses, unblocking sinks, and cleaning windows.

• Avoid damaging the property they rent, either intentionally or through neglect.

• Not be expected to repair or pay for anything caused by fair wear and tear or the passage of time.

So, with that basic framework of a tenant’s responsibilities, let's explore in deeper detail the ways your tenant should be taking care of your property.

EVERYDAY RESPONSIBILITIES FOR TENANTS

While landlords are responsible for maintaining and repairing the fittings and appliances they supply, tenants do have a duty of care to use things correctly and to pay for any misuse.

Therefore, the tenancy agreement should make it clear that your tenant is responsible for things like:

• Defrosting freezers, replacing filters in cooker hoods and tumble dryers, descaling dishwashers and washing machines, and cleaning ovens so appliances can function correctly.

• Keeping drains free of blockages by not pouring oil and fat down the kitchen sink, or flushing sanitary products and other unsuitable items down the toilet.

• Preventing mould in kitchens and bathrooms by ventilating during and after baths and showers, and keeping baths and shower trays clear of bottles so stagnant water doesn't build up.

Making these things clear from the very start keeps your tenants conscious to how they use your home, which reduces the potential for problems and makes it far easier to claim back any costs in a dispute.

LIABILITY FOR ACCIDENTS AND DAMAGES

Even the most conscientious person can have the occasional accident at home, and if your tenant does cause any damage to your property, they should tell you immediately.

The first step is to calmly get all the details of what happened, and some useful things to note include:

• Your tenant is liable for all damages caused to your property by them, their children, their pets or their visitors, whether accidental or deliberate.

• Tenants are also responsible for making sure their home is reasonably safe for visitors (and their belongings) who they invite or allow in, which includes contractors arranged by the landlord.

• While you should definitely have adequate landlord insurance, it’s sensible for your tenant to take out their own cover, not least in case their own belongings get damaged.

When it comes to the costs and repairs for damages, you can choose to either arrange the work yourself and charge it back to your tenant, or let your tenant organise and pay for a contractor themselves.

KEEPING YOUR PROPERTY SAFE AND SECURE

Careless behaviour by your tenant can put your property at unnecessary risk, so it's essential to bring potential hazards to their attention from day one. 

Simple awareness is often all you need to avoid costly dramas, so ensure your tenant knows they should:

• Leave the property secure whenever they go out including locking all external doors, ensuring windows are properly shut or locked in ventilation mode, and setting any intruder alarm.

• Dry clothes on appropriate airers and not draped over radiators as this can cause condensation, and away from electric convector heaters and open flames as this presents a fire risk.

• Avoid overloading power sockets and extension cables with too many plugs, and refrain from using faulty electrical appliances or gadgets, whether yours or their own.

Finally, if your tenants plan to go away on holiday for longer than 14 days, they should notify you in case you need to inform your insurers and confirm you’re adequately covered.

GETTING ACCESS FOR MAINTENANCE, REPAIRS AND INSPECTIONS

Alongside mid-tenancy inspections (you are making those, right?), there will be times when you need to enter your rental property, either for regular maintenance or to fix repairs.

This makes it essential to know the rules around access, which include:

• Your tenant should be obliged within the tenancy agreement to give access for repairs and essential maintenance with 24 hours' notice and at a reasonable time of day (i.e. 8am - 6pm)

• You cannot simply enter your property (except in an emergency) if your tenant doesn't respond or, in very rare cases, refuses access, as it could be classed as a criminal act.

• If this happens, you must first inform your tenants that they are in breach of contract and of the possible consequences, from suing for damages to taking back possession of your property.

As a final point, you don’t need to request access from your tenants for works to access communal areas like a shared entrance hall, garden, or the outside of a building, but you should let them know.

Do your tenants know their duties of care?

Before renewing your existing tenancy agreement with your tenants, why not ask us to check the contract for clarity or flaws?

If you own a rental property in Wokingham, call us on 0118 304 5877 or message us at lettings@pauk.property for a chat with our team and some friendly, expert advice.