The condition of your property
‘Proper landlords’, i.e. landlords of separate properties let under tenancies such as assured shorthold tenancies, are bound by what are known as the ‘statutory repairing covenants’.
These are a set of rules set out in section 11 of the Landlord and Tenant Act 1985. However, you will be happy to know that, provided you don’t allow your tenant to acquire a tenancy (explained on Day 1), they will not apply to you.
However, this does not mean that it is all right for your property to be in bad repair!
The Local Authorities powers
It is not often realised that local authorities have a general duty, under the Housing Act 2004, to make sure that residential properties in their area, *all* residential properties, not just HMOs, are in a fit and proper condition. If a complaint is made to them, they will attend and do an inspection under the Housing Health and Safety Rating System (HHSRS).
Under the HHSRS, the property is checked against 29 hazards (such as ‘excess cold’, danger of falls and electrical hazards). If the inspection shows that the property has any ‘category 1 hazards’ the Local Authority will serve an improvement order on the landlord (i.e. you!) requiring him to bring the property up to standard.
Hopefully, this will never happen to you (the HHSRS is more generally used to inspect HMOs). However, you should make sure nonetheless, that your property, or at least the part used by your lodger, is in good condition. (Note, if you are interested you will find more about the HHSRS here)
Here are a few other matters (apart from gas which will be dealt with on day 5) to watch out for:
Electrical safety
If you want to check whether the electrical wiring in your property is safe, you can get your electricity supplier to inspect it free of charge. However, be careful as if they think it is unsafe, they will cut your supply off until repairs are done.
Fire safety
Your local fire prevention officer can advise on fire safety. This is a free service and it is a good idea to obtain a report even if you are not taking in lodgers.
Grants
There are sometimes grants available, particularly if your property is in poor condition, or if you want to carry out energy saving improvements. Contact your Local Authority (for general grants) and the Energy Savings Trust (www.energysavingtrust.org.uk) for energy saving improvements. Your local Citizens Advice Bureau may also have a list of grant providers in your area.
Note: when I bought my house, it only had an outside WC so I got quite a good grant from the Local Authority to get it brought up to standard. Mind you, that was over 20 years ago!
Trading Standards
Trading standards officers (although they do bring prosecutions), generally believe that the most important part of their work is to help people understand and comply with all the various regulations they are there to enforce. They are a very good source of information, are usually very friendly, and will have lots of useful leaflets. You can find your local office via the web-site here.
Vermin and insect infestation
This can happen to the best of us. Rats get everywhere, and if you have a cat or dog, flea infestation is often inevitable at some stage or other. It does not mean you are dirty! Have a word with your local authority pest control service, which is often free or low cost, or speak to your vet, who can advise on getting rid of fleas on pets.
Finally
Remember that if your lodger suffers an injury because of your property not being in a proper condition, you could be sued for damages!
Do all these regulations apply for a licensee in ones own home?
Hi Vanessa. The repairing covenants in section 11 of the Landlord and Tenant Act 1985 only apply to tenancies (so will not apply to lodger landlords who have taken care to ensure that a tenancy is not created – see Day 1), but the other regulations (eg the furniture regs discussed on Day 6, and the gas regulations discussed on day 5) will apply, yes. I look at licensing on Day 7.
Where do I stand when my lodger has a severe mental illness and I am also his carer and he stops me from doing work on my house because it upsets him and therefore the place is in dire need of an overhaul and I can’t do it! He gets very aggressive when I try to do anything. Also the things he does to my house causes me to hurt myself! And, no I won’t/can’t throw him out because that is passing the buck onto someone else.
That is a difficult one to which there is no easy answer. One thing which occurs to me is that you could get work done in his absence if he could go away on holiday for a week or so. I appreciate that might not be easy though.
You do have a responsibility to do what you can to keep the property in repair. If your lodger injures himself (or indeed if any one else has an accident) due to the poor condition of your house, you could be liable to pay compensation. Any insurance cover you have may be affected if you do not keep the place in proper repair.
You may be able to get some guidance from the Equality and Human Rights Commission. Or there may be a charity which could help arrange for your lodger to move out for a short period while you get the repair work done.
Hi Tessa,
My house is in generally good repair, but the garden and conservatory is not…leaking conservatory, untidy garden, rotting shed floor, garage door has hole and rotting wood at bottom. My new lodger is a friend, who I will probably charge a bit less rent if he helps me out with all this, and will put in the contract that using these areas and doing the work is at his own risk. Is this allowed? And any tips on being a lodger landlady to a friend?
Thanks, Kath
That should be all right, there is no law against exchanging services in lieu of rent that I am aware of!
You do need to be careful renting to a friend however, if only because it may be very awkward if things go wrong. Sometimes it works fine, but I have known cases where good friendships have ended. I suppose it all depends on the personalities of the people involved, which is not a legal point that I can help with!
Hi Tessa – in desperate need of advice, do hope you can help!
I am a lodger in a terraced house. I have just found bed bugs in my room. I have been in the house as a lodger for about 5 months. I have caught 2 and there is no doubt as to what they are. I think my landlady may try to avoid paying for pest control to deal with the problem as she suggested that as they were in my room I had brought them in! I am covered in bites as is my boyfriend! Could you tell me what you would advise and what my rights are in this situation please?
I would be very grateful for any help! Thank you!