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Landlord and Tenants Act 

Stuck in a landlord-tenant dispute? Well, the landlord-tenant disputes are a common occurrence in the renting process, and many could be avoided if both parties were aware of their rights and responsibilities and the landlord and tenants act.

Landlord and tenants act is a part of the common law detailing the rights and duties of landlords and tenants. The tenants act includes elements of both real property law and contract law.

Looking into the tradition, the only obligation of the landlord in the United States used to be to grant the estate to the tenant. However, Modern landlord and tenants act includes a number of other rights and duties held by both landlords and tenants.

The modern interpretation of the tenant-landlord relationship has hinged on the view that leases include many elements of contract law in addition to a simple conveyancing. In American tenants act, many of these rights and duties have been codified in the Uniform Residential Landlord and Tenant Act.

 

Landlord and Tenant Act 1985

Landlord and Tenant Act 1985 consolidated certain provisions of the law of landlord and tenant formerly found in the Housing Acts, together with the Landlord and Tenant Act 1962, with amendments to give effect to recommendations of the Law Commission. 

Here we give the General obligations of landlords and tenants under the tenant Act 1985:

Tenants:

  • Payment of rent on time
  • Proper disposal of garbage
  • Taking reasonable care
  • Refraining from taking on additional occupants or subleasing without the landlord's written permission

Landlord:

  • Making the property habitable before tenants move in
  • Making and paying for repairs due to ordinary wear and tear
  • Refraining from turning off a tenant's water, electricity or gas
  • No unlawful discrimination
  • Providing written notice to tenants when ownership of the property is transferred to a new landlord

The best way to avoid disputes between the landlord the tenant is to address issues in a lease.

 

Who is responsible for repairs under the Landlord and Tenants Act?

Often, the disputes between the landlord and the tenant occur due to this question. After all, who is responsible for repairs? The law defines this detail. The landlord is responsible for keeping the exterior of the property in good condition, maintaining all installation and infrastructure for the supply of gas, electricity, sewerage. However, the Landlord and Tenants Act defines that the landlord is not responsible to repair anything that has been damaged by the tenant. Furthermore the tenants act does not oblige the landlord to carry any interior repairs unless the damage caused as a result of the exterior damage, in which case the landlord is responsible under the Landlord and Tenants Act to repair it. The tenant is required by the landlord and tenant act to use the premises in a tenant like manner. Under s11(1B)(2)(b) of the Landlord and Tenant Act 1985 provides that the landlord will not be obliged to carry out repairs for damage caused as a result of fires, floods, or other inevitable accidents.

For the purpose of the Tenant Act 1985, the standard of repairs required by the landlord through the implied repair covenant should be determined giving regard to the age, character, prospective life to the property and the locality in which it is situated.

The landlord obligations to repair under the Landlord and Tenant Act 1985 are in s11 of the act. It provides that these obligations are implied covenant, therefore in a written tenancy these obligations will be implied by the Landlord and Tenant Act 1985. The landlord will not be entitled to recover the cost of repairs through service charge paid by the tenant under the tenancy agreement.

 

TENANCIES NOT COVERED BY THE LANDLORD-TENANT ACT

  • Occupancy under at bona fide earnest money agreement.
  • Residence in an institution which is incidental to detention, medical or similar services.
  • Housing for a tenant/employee whose right of occupancy is dependent upon his/her employment.
  • Tenants who have exercised an option to buy. (Unexercised options are still covered.)
  • A family residence which is rented as part of an agreement to lease agricultural land.
  • Renters of space in mobile home park. Renters of a mobile home and space may be covered.
  • Housing for seasonal agricultural employees.
  • Transient lodging: hotels, motels, etc.

Given that there's a lot still left to explore about the landlord and tenants act, ExpertsLand presents an opportunity to resolve your disputes with your landlord/tenant without affording to hire an expensive lawyer. We, at ExpertsLand, provide top-notch answers to your questions on Landlord Tenant Act followed by numerous follow up questions. ExpertsLand, being endowed with brilliant experts is one of the major answer providers in the market offering genuine legal advice on various issues like landlord and tenants act. So why waste time searching expensive lawyers? Get them on your laptop and get instant expert advice online. Register yourself now!

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