The Landlord And Tenant Act 1985 Explained

The Landlord And Tenant Act 1985 is an important piece of legislation that still applies to landlords and tenants today. It helps to ensure fair practices and good living standards in the housing sector and acts as a legal guide for landlords and tenants alike. As with most laws, the Act is very lengthy and complex – here I will break down the important points that will help you as a landlord or property investor understand your rights and responsibilities.

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What is The Landlord And Tenant Act 1985?

The Landlord And Tenant Act 1985 is an important piece of legislation that outlines the rights and responsibilities of both landlord and tenant. Before the Act was introduced, rental properties were often in disrepair and lacked essential maintenance, and tenants were able to continue renting a property virtually indefinitely as a ‘sitting tenant’ and pass on the rental property to their families. This combined with private rent levels being set by ‘fair rent officers’ at roughly 50% market value meant that landlords were often unable to make a profit. The Act was brought in at the same time as housing associations were privatised in the 1980s and the deregulation of the private rental sector.

Key Provisions of The Landlord And Tenant Act 1985

The Act lays out the rights and responsibilities of landlords and tenants in a way that empowers both and provides clarity and consistency in the housing sector. Here are the key provisions of the Act:

Disclosure of identity

The landlord must provide the tenants with details of their identity within the first 21 days of a tenancy, including contact details of where a notice can be served. If the property is owned by a corporate entity, the tenant is entitled to request the names and addresses of the corporation’s directors and secretaries. Tenants should also be notified if there is a change in ownership of the property.

Repairs and maintenance

The Act specifies that landlords are responsible for repairing the property including structural repairs and regular maintenance. This includes plumbing, electrical wiring, basins, sinks, baths, toilets, radiators, boilers, walls, windows and more.

Tenants are responsible for reporting any required repairs and the landlord should take steps to address them within a reasonable time. This depends on the nature of the repairs required and their urgency, e.g. a broken boiler in the middle of winter should be a priority. Minor everyday repairs and maintenance should be performed by the tenant. The tenant should also keep the property reasonably clean and tidy, ensure all electrical appliances are used safely, and any outdoor spaces kept in a reasonable state.

A landlord is not obligated to repair any damage caused by the tenants either intentionally or through recklessness, any repairs that were not reported by the tenant, or that the landlord was not allowed to repair. Also, any unforeseeable accidents such as fire and flood are the responsibility of the insurance company and not the landlord or tenant.

Safe living standards

A landlord should make sure a property is free from any health and safety hazards and fit for human habitation at the start and throughout the tenancy. This includes ensuring the house is free from dampness and mould, and rats mice and other pests. Heating and hot water should always be available and boilers inspected yearly. Gas fittings should be inspected yearly and electrical wiring checked every 5 years. Safety certificates for both gas and electric should be provided at the beginning of each tenancy.

Access to the property

The tenant is entitled to something known as ‘quiet enjoyment’ of the property which means that the landlord cannot enter the property whenever they choose to. All inspections, maintenance and repairs should be arranged with the tenant with at least 24 hours’ notice, or scheduled at a time suited to both parties, except in an emergency. The tenant must grant the landlord or their agents access to the property to perform repairs and maintenance at a pre-arranged time.

Landlord Responsibilities under The Landlord And Tenant Act 1985

The main responsibilities of a landlord under the Act include:

Regular maintenance to perform required repairs and ensure the property is free of any health hazards and is fit for human habitation
Keeping a record of paid rent, especially in weekly rental payments – the Act stipulates a rent book should be kept for properties where rent is paid weekly
Informing the tenants of any changes to the ownership of the property including if the landlord has a new address

Landlords should provide tenants with a copy of the tenancy agreement, a gas safety certificate, an electrical safety certificate, and their contact details for serving notices. Under other housing laws, landlords should also provide details of any deposit protection scheme and the government’s How To Rent guide for assured shorthold tenancies.

Tenant Responsibilities under The Landlord And Tenant Act 1985

Tenants also have responsibilities under the Act and they include:

Promptly reporting any required maintenance or repairs to the landlord or property management company
Performing any minor maintenance jobs themselves such as changing light bulbs and smoke alarm batteries
Ensuring any electrical appliances are used safely
Keeping the home in a reasonably clean and tidy condition, including gardens and other outdoor areas
Avoiding, fixing or paying for any damage to the property by the tenants, their guests, children or pets
Allowing the landlord or their agents access to the property at a pre-agreed time for inspections, maintenance and repairs

Both tenants and landlords can enjoy a smoother, hassle-free experience by adhering to The Landlord And Tenant Act 1985, communicating openly and transparently, and ensuring they each uphold their own responsibilities under the Act. Landlords especially should stay updated with the Act and any other legislation that pertains to housing and rentals, including local laws and council regulations.

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