The Landlord’s general responsibility:
Landlords have the responsibility of maintaining rented premises. The Landlord should ensure that premises are well repaired and suitable for tenants.
The Landlord is responsible for all repairs to the building structure, including doors, windows, ceilings, roof, and similar. However, the Landlord does not undertake any repairs or pay any compensation for damages to personal belongings or other personal furniture or assets of the tenant.
Emergency Repairs:
Emergency repairs include serious roof leaks, blocked or broken lavatory systems, gas leaks, burst water services, serious storm, fire or impact damage, dangerous electrical faults, flooding or serious flood damage, failure or breakdown of essential service or appliance on the premises for hot water, cooking, heating like disruption of gas, electricity or water supply, or other faults/damages which make the premises inhabitable (eg. broken stairs).
If the situation is not listed as an emergency repair it is then considered a routine repair.
Carrying out Emergency Repairs:
The Tenancy Agreement should include information about what to do in an emergency. This will detail the point of contact in an emergency situation, being either the Landlord or the Agent and how to contact them after hours. There may be contact details within the agreement of nominated repairers for problems to be fixed (eg. a plumber or electrician).
It is a good idea to have an emergency contact list already prepared to give to your tenant at the start of the tenancy.
If the Emergency Contact Person can not be contacted:
The Tenant can arrange for a suitably qualified person to carry out the repairs, to a maximum value of two weeks rent. They can either pay the repairer and get the Landlord or agent to pay them back, or ask the repairer to bill the Landlord or Agent directly.
If the Tenant pays for the emergency repairs:
If the Tenant pays for the emergency repairs, the Landlord or Agent must pay them back, or pay the bill within 7 days.
The Tenant must provide a copy of the invoice or receipt, plus a short letter stating what happened and how much needs to be paid. If this amount is not reimbursed or paid within 7 days the tenant can make an urgent application to the Tribunal for an order.
The Landlord or Agent can also apply to the Tribunal if they think they should not have to pay for the emergency repairs.
Fixtures to the Premises:
Fixtures to be added by the Tenant require the Landlord’s or Agent’s written permission. This permission should outline what changes are approved and any terms to the agreement (such as whether the fixtures can be removed at the end of the tenancy). If the fixture causes any damage to property, the Tenant is responsible for all repairs, and must pay necessary compensation to Landlord.
Promised Repairs:
Any necessary repairs to premises should be in writing. The Landlord or Agent would thereafter agree and carry out repairs within a reasonable time. If however, the Landlord refuses to carry out the repair work, the Tenant could issue a Notice to Remedy Breach giving the Landlord 7 days notice to carry out the said repairs.
If nothing concrete develops, the Tenant can seek advice from the Tribunal. The Tribunal hears and offers necessary decisions in the form of suitable compensation, or allows for rent to be paid to the Tribunal until repair work is complete. In all circumstances, the Tenant should continue paying rent regularly. Non payment of rent amounts to Breach of Tenancy Agreement and provides ample ground for the Landlord for termination of contract.