Repairs and maintenance frequently asked questions
Who is responsible for maintaining the grounds?
Tenants should keep the property reasonably clean and tidy. This includes weeding and mowing lawns where the landlord has not accepted responsibility for this under the tenancy agreement. Tenants should also leave the property reasonably clean and tidy at the end of the tenancy.
Responsibility for the pruning and maintenance of trees, shrubs and hedges and the removal of any debris created in doing this is usually interpreted as the landlord’s responsibility. This is because the tenant is responsible for any damage they intentionally or carelessly cause to the landlord’s property, including facilities. Where a tenant does cause damage to or kills a tree, shrub or hedge, they may be liable for its replacement, or to compensate the landlord for the damage or loss.
Some trees and shrubs may require special care, skill or knowledge to be able to properly maintain them, which a tenant may not have. Other trees or shrubs may be protected species, or specimens of local or historical interest that cannot be removed.
If a tenant does wish to remove or prune a tree, shrub or hedge on the property, they should first get the landlord’s written consent. The tenant would then usually be responsible for clearing away any debris created in the removal or pruning of the tree, shrub or hedge.
How can I get my landlord to do repairs?
Where the repairs required are not serious and urgent, the tenant should notify the landlord and may issue the landlord with a notice to remedy the breach. For breaches that are not serious and urgent, normally a minimum of 10 working days in addition to time allowed for serving the notice would be given to the landlord.
When a notice to remedy has been served and has not been complied with, an application can be made to the Tenancy Tribunal for an order to address the breach. Such orders may include an order terminating the tenancy, if the tenant desires this, an order for work to be carried out by the landlord, or an order for compensation to be awarded to the tenant.
See Forms and Info for template letters advising 10 working days notice to remedy a breach.
The landlord must compensate the tenant for any reasonable expense incurred by the tenant in repairing the property where the need for repair did not result from a breach by the tenant and is likely to cause injury to people or property, or is otherwise serious and urgent. The tenant must have made a reasonable attempt to contact the landlord about the need for the repairs before carrying them out.
Where the tenant intentionally or carelessly causes damage to the property or allows others that they have invited onto the property to damage it, the tenant would be liable to repair the damage or to compensate the landlord for it. The tenant is not responsible for repairs or damage arising from burglaries, accident, acts of God, or fair wear and tear. However, tenants may be liable for repairs if they know about the need for them, they failed to advise the landlord, and the damage to the property became worse as a result