Who should pay - tenant or me?

neetugopal

I rent out my property to a private tenant. I visited the house recently and found out that property was not in good state of repair. For example bathtub was filthy and had mould on the edges. Tenant asked me to get it the silicon replaced. I assume tenant should pay for it as the bathtub was in the perfect order when the tenancy started. Also tenant should be responsible for day to day care of the property.

Please let me know your opinion if my assumption is correct.

G_M

property was not in good state of repair.

Is the bathtub the only issue? I assume so as that's all you mention. Sounds more like a cleaning matter than property repair.

The LL is responsible for wear and tear, the tenant for damage.

If the bathtub has been damaged, the tenant should pay.

If it is dirty, that is is a matter of choice by the tenant as to how he lives. Provided he returns the property at the end of the tenancy in the same state of cleanliness as it was at the start (I assume you have a signed inventory detailing condition, plus photos?) then that's fine. That is why you hold a deposit. But until he leaves it's up to the tenant how clean he keeps the property (unless it becomes a health hazard).

But this sounds like poor/worn workmanship in installing the silicon seal around the edge. I would replace it unless you can prove from your photographs, (or builder's/plumber's receipt etc) that it was in perfect condition when he moved in and he has damaged it.

Assuming the tenant is in other ways unproblematic, I would in any case be inclined to repair irrespective of the legal rights/wrongs of the bath problem. A good, regularly-paying tenant is worth looking after. He'll stay longer and you'll have fewer expensive void periods.

neetugopal

G_M wrote: »

Is the bathtub the only issue? I assume so as that's all you mention. Sounds more like a cleaning matter than property repair.

The LL is responsible for wear and tear, the tenant for damage.

If the bathtub has been damaged, the tenant should pay.

If it is dirty, that is is a matter of choice by the tenant as to how he lives. Provided he returns the property at the end of the tenancy in the same state of cleanliness as it was at the start (I assume you have a signed inventory detailing condition, plus photos?) then that's fine. That is why you hold a deposit. But until he leaves it's up to the tenant how clean he keeps the property (unless it becomes a health hazard).

But this sounds like poor/worn workmanship in installing the silicon seal around the edge. I would replace it unless you can prove from your photographs, (or builder's/plumber's receipt etc) that it was in perfect condition when he moved in and he has damaged it.

Thanks for a quick response.

There were few other issues, like broken electric sockets and one door was damaged. Overall the property did not look clean. I have inventory list but did not take photos before starting the tenancy so I may have to foot the bill.

Jlondon_3

The tenant has an obligation to keep the property clean and tidy and repair any damage. Silicon damage could be seen as normal wear and tear and bearing in mind that this could lead to water leaks you might be wise to have it repaired yourself. In this way you can be sure of a good job being done.
J

corbyboy

Jlondon wrote: »

The tenant has an obligation to keep the property clean and tidy and repair any damage.

If this is the case surely the tenant only has this obligation at the end of the tenancy. I can't imagine that a landlord can pop into the house mid tenancy and complain that the house isn't tidy enough.

If there is a damaged plug socket and it isn't dangerous why does it matter whether the tenant repairs it now or just as they move out?

clutton_2

A LL is entitled to do inspections of his property during the term of the tenancy. If there are potentially on-going maintainance issues he is entitled to get them fixed sooner rather than later.

Issues with electric sockets need urgent much sooner rather than later as the LL AND the tenant both have responsibiliites under Health and Safety legislation to ensure safety. Tenants are not allowed to repair electrics - unless they are Part P registered and i suspect unless commissioned formally by their landlord to do the repair.

corbyboy

clutton wrote: »

A LL is entitled to do inspections of his property during the term of the tenancy. If there are potentially on-going maintainance issues he is entitled to get them fixed sooner rather than later.

Issues with electric sockets need urgent much sooner rather than later as the LL AND the tenant both have responsibiliites under Health and Safety legislation to ensure safety. Tenants are not allowed to repair electrics - unless they are Part P registered and i suspect unless commissioned formally by their landlord to do the repair.

Totally agree that nobody can take a chance where electrics are involved. I understand that a landlord should make periodic inspections of the house too.

My point was about the comment that the tenant has an obligation to keep the house clean and tidy. I don't think this is true until the end of the tenancy.

vivatifosi

Jlondon wrote: »

The tenant has an obligation to keep the property clean and tidy and repair any damage. Silicon damage could be seen as normal wear and tear and bearing in mind that this could lead to water leaks you might be wise to have it repaired yourself. In this way you can be sure of a good job being done.
J

That's my thought too. Where I used to live the house next-door was rented out. The silicone round the bath went and the landlord had to pay for a new partial floor to be laid to the bedroom next to the bathroom as the water came through and made the boards expand, new wiring to the light fitting in the lounge and the ceiling to the lounge replastered and painted. Its only a small job, whereas what could happen is altogether bigger.

toby3000

corbyboy wrote: »

Totally agree that nobody can take a chance where electrics are involved. I understand that a landlord should make periodic inspections of the house too.

My point was about the comment that the tenant has an obligation to keep the house clean and tidy. I don't think this is true until the end of the tenancy.

Tenants have no obligation to keep a house clean and tidy while they live there. It has to be cleaned once they move out, but you can live however you choose.

clutton_2

tenants also have a duty to behave in a "tenant like manner" - and whlst this is not defined in legislation, it is implicit that the tenant behaves in a manner which causes no damage or deterioration, other than wear and tear, to the property.

g_attrill

clutton wrote: »

Issues with electric sockets need urgent much sooner rather than later as the LL AND the tenant both have responsibiliites under Health and Safety legislation to ensure safety. Tenants are not allowed to repair electrics - unless they are Part P registered and i suspect unless commissioned formally by their landlord to do the repair.

Replacing/repairing existing sockets and switches is allowable, even in kitchens and bathrooms, however obviously the person must be competent.