15. Tenant Repairs and Alterations

1. 15.1 Repairing Obligations
2. 15.2 Tenant Alterations

15.1. Repairing Obligations

The tenant has few repairing obligations, other than routine minor maintenance.

The responsibilities of the tenant can be summarised as follows:

• External Areas - Day to day maintenance of garden, including, grass cutting, pruning trees and shrubs, replacing shrubs and routine maintenance of swimming pool;
• Canopies and Terraces – clear of mousse and other vegetation;
• Rainwater Goods – keep clear;
• Windows and Doors – lubrication, minor repair of fittings and locks, mastics, replace broken window panes, minor repairs to blindes;
• Internal Walls and Ceilings – maintain in clean order, replace broken tiles;
• Floor surfaces– undertake routine maintenance, and replace where stained or holed;
• Cupboards and Joinery – routine maintenance including repair/replacement of brackets, joints and fixings;
• Plumbing and Drains – clearing pipes, replace joints and collars and floats; routine maintenance of gas fittings and vents, replacement of flexible gas piping, emptying of septic tank, routine maintenance of heating system, replace flexible shower pipes; removal of calcareous stains;
• Electrical Installations – replace switches, plugs, fuses, bulbs, strip lighting and protection covers;
• General – day to day maintenance of household equipment such as refrigerator, washing machine, crockery, dryer, cooker, heat pump, air conditioning, television aerial, mirrors, undertake chimney cleaning;

Nevertheless, there is a presumption in favour of the landlord, in which the tenant is required to prove that the damage resulted from something other than their own neglect. The tenant is presumed to be a priori responsible for the degradations that occur.

In relation to those repairs resulting from dilapidation, the fact that something may be dilpidated does not ncessarily absolve the tenant of an obligation to undertake routine repairs, e.g. replacing a joint on an old pair of taps.

Similarly, a tenant can be held responsible for the consequential damages that result from their failure to undertake routine repairing responsibilities.

Inevitably, it is an area which is often unclear and the source of frequent disputes.

15.2. Tenant Alterations

The tenant is entitled to carry out minor improvements and changes to the property without seeking the consent of the landlord, although 'major' changes require the express consent of the landlord.

As a general rule 'major' has been interpreted by the courts in a liberal sense, and certainly anything of a structural character and alterations to the services, would be considered as major works.

However, where the property lacks decent standards of comfort (heating, proper kitchen or toilet facilities) the courts have considered that the tenant should be permitted to carry out the works.

The tenant is, nevertheless, required to supply the landlord with the detailed proposals and estimate. The landlord has two months to either agree, to accept responsibilty themselves for the work, or to oppose the proposed works.

In the latter case, the landlord would need to present a case to the courts that they had a 'serious and legitimate' reason for doing so.

If the landlord agrees, then the tenant is entitled to claim compensation for the costs at the end of the tenancy, less 6% depreciation for each year of occupancy after completion of the works.

If alterations are carried out without consent, then the landlord can require that the property is reinstated to its original state at the termination of the tenancy.