I manage a flat that is on a Regulated Tenancy. The tenant has recently informed me that it is an electrician’s opinion that the flat needs rewiring and a new fuse box should be installed. I want to know who is responsible to carry out the repairs; landlord or tenant.
The lease was granted in 1978 for seven and a quarter years – and has been holding over since.
The lease sets out that it is a leasee’s covenant to ‘During the continuance of the term to maintain repair renew replace as the case may be… electrical apparatus wires and cables within the flat and to keep the same in good and substantial repair and condition.’
I have also looked at the DCLG booklet on Regulated Tenancies (http://www.communities.gov.uk/docume...pdf/138295.pdf).
“It says the that ‘If the tenancy, when granted, was for less than seven years and was granted on or after 24 October 1961, the landlord is by law normally responsible for the repair of the structure and exterior of the home and for keeping in repair and proper working order any basins, sinks, baths and other sanitary installations and any installations for supplying water, gas and electricity, for heating water and for space heating. Except where a lease is taken by one of a number of public bodies, this obligation can only be varied if the court agrees. Apart from this the responsibilities of the landlord and the tenant will depend upon the agreement between them.”
Does this mean that it is the tenant’s responsibility to carry out these repairs? Or are there any other laws that cover Regulated Tenancies that were over seven years long? Any advise would be very helpful.
Thanks
The lease was granted in 1978 for seven and a quarter years – and has been holding over since.
The lease sets out that it is a leasee’s covenant to ‘During the continuance of the term to maintain repair renew replace as the case may be… electrical apparatus wires and cables within the flat and to keep the same in good and substantial repair and condition.’
I have also looked at the DCLG booklet on Regulated Tenancies (http://www.communities.gov.uk/docume...pdf/138295.pdf).
“It says the that ‘If the tenancy, when granted, was for less than seven years and was granted on or after 24 October 1961, the landlord is by law normally responsible for the repair of the structure and exterior of the home and for keeping in repair and proper working order any basins, sinks, baths and other sanitary installations and any installations for supplying water, gas and electricity, for heating water and for space heating. Except where a lease is taken by one of a number of public bodies, this obligation can only be varied if the court agrees. Apart from this the responsibilities of the landlord and the tenant will depend upon the agreement between them.”
Does this mean that it is the tenant’s responsibility to carry out these repairs? Or are there any other laws that cover Regulated Tenancies that were over seven years long? Any advise would be very helpful.
Thanks
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