Tip 14: Know your repair obligations
Landlords often lose claims on disputed deposits because they don’t understand their own legal obligations regarding the property. The law surrounding letting can seem very complicated at times, and people are often tempted just to ignore it and carry on regardless, but beneath the legal mumbo-jumbo, the concepts underpinning the law is usually based on sound principles.
As a landlord, even if you only have one or two buy-to-let properties, you would be well advised to know your obligations under section 11 of the Landlord and Tenant Act 1985, with regard to the general repair of the property. You are required to:
- Keep the structure and exterior of the dwelling-house (including drains, gutters and external pipes) in good repair.
- Keep the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity in working condition.
- Keep the installations in the dwelling-house for space heating and heating water in proper working order.
The upshot of this is, that if you want to claim on the deposit for damage to any part of the property that you are obliged to keep in repair, you will have to work extra hard to show the adjudicator that your claim is justified.
Tom Derrett is the Principal of Deposit Claim, an ex-adjudicator and an expert on the Deposit Protection Schemes.
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