Generally, in all tenancy agreements there is a lot of information to take in. There is always a clause that refers to ‘Acting in a Tenant-Like Manner’ and all tenants should have an understanding of what they are signing themselves up to where this Clause is concerned.
Landlords have obligations and responsibilities that they must adhere to when it comes to renting their property. It’s part of legislation, therefore it is the law.
But on the flip side Tenants have an obligation to act in a certain way when they sign a tenancy agreement.
The phrase ‘Acting in a Tenant-like Manner’ was penned by the presiding judge, Lord Denning in 1953 during a court case between a Landlord and Tenant (Warren vs Keen). The Landlord brought the case forward to say that on vacating his property, his tenants left it in such a state that he was seeking costs for the repairs as he believed that his tenants should be held responsible.
The consequences of the court case and the new penned phrase has been used in tenancy agreements ever since. So, what are the responsibilities of tenants?
Most tenants will automatically act in a tenant-like manner without complaint or prejudice. But any complaint from a tenant should be noted and acted upon by a Landlord or their Agent. One of the most regular complaints is to do with damp in the property which can cause misery for any residing tenants. But would you believe that if tenants followed some simple advice, then the damp issue would be further down the list of complaints?
Inadvertently, a tenant can cause damp to escalate if they are not ventilating the bathroom or kitchen or drying laundry inside. Open windows and use ventilation ducts, it is as simple as that. But Landlords must recognise that they have a responsibility where there is structural damp at the property, they must carry out the necessary works ensuring the property is fit for human habitation.
The following issues by law are expectations that tenants should carry out, when necessary, before contacting their Landlord:
These are just a few examples; the list is not exhaustive.
Looking at the list above it can be a daunting thought to deal with some of the more complicated things such as re-pressurising the boiler or unblocking drains. But it is a tenant’s responsibility and not that of the Landlords. The Landlord has the responsibility to leave enough instructions and equipment for the tenant to carry out the tasks or employ a tradesman.
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