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Failure To Comply With Maintenance Requests Is A Criminal Offence

We like to think that rogue landlords and those who exploit others is a thing of the past. The stories seen on such TV shows as Nightmare Tenants, Slum Landlords may be the extreme examples, but they are not isolated. Nor do you have to go to those extremes to be taken to court or end up with a jail sentence.

 

Fined for Tenants Living in Poor Conditions

At the beginning of August, a Mister Paul Fenton of Herts pleaded guilty in court to failing to keep proper care of his property. He was charging his tenants £1000 per calendar month for the property in Brent.

Following a complaint from a tenant in August 2015, council Enforcement Officers visited the property and presented Mister Fenton with a list of repair demands to carry out within 56 days. Subsequent visits from the council in January 2016 and May 2016 found that Mr Fenton had done nothing. A list of things wrong with the property included:

  • Mould and damp listed as “severe” in the report
  • The front door was rotten
  • A leaking boiler

 

Landlord Refused to Carry Out Maintenance

The tenant had made several requests for the landlord to improve the state of the property. However, when first challenged, Mister Fenton said that no such requests had been made and he had assumed they were happy. Mister Fenton received a £16,000 fine and was ordered to pay compensation and court costs.

It highlights a problem that still exists in the sector, where tenants request reasonable repairs and upgrades to a property and the owner ignores the request. In some cases, especially severe damp, the tenant’s health is at risk. A damaged door also means that property is note secure against potential intruders.

This is a major (and we hope an unusual) case, but some landlords remain unaware of their legal obligations and rights when it comes to renting out a property.

 

Your Obligations as a Landlord

  • The tenant has the right to live in a property that is in a good state of repair. Damp must be dealt with immediately. Safety is the number one issue, and the tenant’s health comes under safety
  • The landlord has a right to expect rent to be paid on time and the right to seek compensation. When they do not, you have the right to take justifiable action
  • Even as the property owner, you do not have the right to enter the property without permission from the tenant and must not disturb them unnecessarily. Many are still unaware that they cannot come and go as they please – it is effectively the tenant’s home
  • You must provide an EPC to tenants along with their rent information
  • As the property owner, you are responsible for the gas safety certificate and ensuring that any supplied appliances are safe and in working order
  • You must comply with any reasonable requests for improvements and repair