In the landlord/tenant relationship, it is of paramount importance that a landlord understands and accepts his responsibility and not be guilty of negligence. It is the sole duty of the landlord to keep and maintain the property, be it residential or business related. The place has to be kept in the legally required habitable conditions by the landlord and ensure that there is good security. However these are only guidelines and details should be agreed between the landlord and tenant at the start of the tenancy.

In a standard tenant/landlord relationship, it is the duty of the landlord to ensure that the property lives up to what is legally interpreted as reasonable living conditions. If this is not done, then it amounts to landlord negligence and if the issue is not addressed in a reasonable time, it can become a legal matter.

Effects of Landlord Negligence

Negligence in basic and common terms, is not taking the required care of a property in your charge. Landlord negligence is a crime punishable by law in extreme cases and new legislation that was brought into UK law in March 2011 has made it so that any rent or housing benefits paid during a period of serious negligence, is refundable to the rent payer.

Should the occurrence of landlord negligence result to injury, hospitalization or any ailment that requires medication, the landlord may well find himself liable and have to pay considerable damages.

Some of the most common areas of the house to be neglected include;

• Unmaintained floors which could result in injury, especially to young children
• Unmaintained HVAC ducts which can result in gas poisoning
• Improperly fitted electricity cables
• Weak or poorly fitted security rails and bars on balconies
• Poor security in the property leading to break-ins
• Improper water pipe fittings leading to leaks

Countering Landlord Negligence

When something falls into disrepair, the landlord should be contacted and made aware of the situation. The landlord should then act within a reasonable timeframe, usually 21 days maximum. If he fails to act after this time, you can report him to the council. Alternatively you could go to a solicitor yourself and seek to take legal action against him.

However, if you only have a short hold tenancy, you may find a landlord unwilling to renew a contract with someone who reported him to the council or is in the process of suing him. Often, the best thing to do if a landlord persistently refuses to do necessary repairs is to move. For short hold tenancies, it’s usually not worth the time, effort or expense in fighting for a place that is substandard in the first place.

You can contact the Citizens Advise Bureau, who can let you know where you stand in terms of help with moving expenses from benefit agencies, your rights to withhold rent and any other issue that might arise. If you do decide to take legal action against a negligent landlord, the Citizens Advise Bureau can also help you find the best law firm to take up your case.