There are many regulations regulating how landlords should behave towards their tenants.
But what about tenants? Are there general rules about how they should behave during their tenancy?
The answer is ‘yes’. It’s known as the duty of tenants to act in a ‘tenant-like manner’.
So what does acting in a ‘tenant-like manner’ mean?
It first appeared in a judgement from Lord Denning in a case called Warren v. Keen from 1954.
This was a case where a landlord tried to claim compensation from his tenant for money he had paid for repairs to the property. Claiming that this was due to him as it was the tenant’s obligation to keep the property in a ‘tenant like manner’.
The court held that the particular defects claimed were actually down to ‘fair wear and tear’ and were therefore payable by the landlord.
The judgement contained this famous quote from Lord Denning as to what ‘tenant-like manner’ actually meant:
The tenant must take proper care of the place. He must, if he is going away for the winter, turn off the water and empty the boiler. He must clean the chimneys, where necessary, and also the windows. He must mend the electric light when it fuses. He must unstop the sink when it is blocked by his waste. In short, he must do the little jobs about the place which a reasonable tenant would do. In addition, he must, of course, not damage the house, wilfully or negligently; and he must see his family and guests do not damage it: and if they do, he must repair it.
Going on to say that
if the house falls into disrepair through fair wear and tear or lapse of time, or for any reason not caused by him, the tenant is not liable to repair it.
What is tenant like behavour today?
Warren v. Keen is an old case (1954), and the way we live has changed somewhat. So, for example, few rented properties today will have open fires which require tenants to clean the chimney.
Here is a list of things which I think would probably come within the definition today:
- Cleaning windows
- Changing light bulbs
- Dealing with sink and toilet blockages
- Keeping the grass cut if there is a garden and sweeping up fallen leaves
- Preventing gutters from becoming blocked
- Preventing condensation by
- Keeping the property at a suitable temperature and
- Allowing ventilation, eg by keeping trickle vents open in double-glazed windows or leaving windows open a crack at the top
- Wiping excess moisture from windows due to condensation from time to time
If you have any other suggestions, put them in the comments, and (if I agree) I will add them to the list.
Lord Dennings’s judgement also stated that tenants should not allow their family and/or guests to damage the property and confirmed that if they do, the tenant is responsible for dealing with any repairs.
Duties of tenants in legislation
The concept that tenants must ‘do their bit’ to keep the property in good condition and must not just expect landlords to do everything is embedded in our law and is reflected in legislation.
For example, the statutory repairing obligations in s11 of the Landlord and Tenant Act 1985 state in (2)(a) that a landlord will not be required
to carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner,
Likewise, the fitness for human habitation rules in section 9A provides at (2) that:
The implied covenant is not to be taken as requiring the lessor—
(a) to carry out works or repairs for which the lessee is liable by virtue of—
(i) the duty of the lessee to use the premises in a tenant-like manner,
In Wales, the Renting Homes (Wales) Act 2016 s96 provides that the obligations on the landlord set out in section 91:
(1) …does not impose any liability on the landlord if the dwelling is unfit for human habitation wholly or mainly because of an act or omission (including an act or omission amounting to lack of care) of the contract-holder or a permitted occupier of the dwelling.
(2) The landlord is not obliged by section 92(1) or (2) to carry out works or repairs if the disrepair, or the failure of a service installation to be in working order, is wholly or mainly attributable to lack of care by the contract-holder or a permitted occupier of the dwelling.
(3) “Lack of care” means a failure to take proper care—
(a) of the dwelling, or
(b) if the dwelling forms part only of a building, of the common parts that the contract-holder is entitled to use under the occupation contract.
(4) This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years.
Duties of HMO tenants.
Then, there are the HMO management regulations, which impose additional obligations on HMO landlords. However, these, too, require tenants to make their contribution, stating in s10 that:
10. Every occupier of the HMO must—
(a) conduct himself in a way that will not hinder or frustrate the manager in the performance of his duties;
(b) allow the manager, for any purpose connected with the carrying out of any duty imposed on him by these Regulations, at all reasonable times to enter any living accommodation or other place occupied by that person;
(c) provide the manager, at his request, with any such information as he may reasonably require for the purpose of carrying out any such duty;
(d) take reasonable care to avoid causing damage to anything which the manager is under a duty to supply, maintain or repair under these Regulations;
(e) store and dispose of litter in accordance with the arrangements made by the manager under regulation 9; and
(f) comply with the reasonable instructions of the manager in respect of any means of escape from fire, the prevention of fire and the use of fire equipment.
What about ‘fair wear and tear’?
Fair wear and tear is the term used for the deterioration of the condition of the property, which is just down to the effect of people living in it.
So, if a carpet gets worn down after several years due to being walked on, that is fair wear and tear. The landlord in that case, would be responsible for the replacement cost. However, if the tenants cause it to become exceptionally soiled (perhaps due to pets using it as a toilet), then that would be something they are responsible for dealing with. And which the landlord can charge for from their deposit.
So when a property is found to be damaged in some way and the landlord is contemplating making a deduction for repairs, only those caused by a breach of the tenants obligation to act in a ‘tenant-like manner’ will be chargeable. Damage due to fair wear and tear is down to the landlord.
And finally
It’s important to remember that tenants, as well as landlords, have obligations regarding the condition of their property.
Landlords are obliged to keep the property in repair and fit for human habitation. Under regulations yet to be made under the Renters Rights Bill, they will also be required to comply with the new ‘decent homes standards’.
However, these obligations are also subject to tenants’ behaving responsibly and not causing damage to the property.
We have a paragraph in our tenancy agreements informing tenants of this legal obligation, so there can be no misunderstanding.
Hello. I struggle with the comment “Preventing gutters from becoming blocked”. Are we suggesting that it is reasonable for tenants to climb up a ladder and rake the leaves out of the gutters on a 2 or 3 storey building? Are they expected to have their own ladders or to pay someone else to do it on their behalf? Would the age of the tenant be a factor? If the tenant was disabled would they still be expected to climb a ladder? On the flip side is it reasonable to expect the landlord to fit a “gutter guard” to stop the leaves from entering the gutter in the first place?
Being responsible for the task doesn’t mean they have to do it themselves. I’m sure Lord Denning didn’t envisage tenants sending their children up the chimney when it needed cleaning.
My tenancy agreement definition of ‘Tenant Like Manner’:
“Tenant Like Manner” means you are legally responsible for carrying out safely day-to-day little jobs and repairs that any reasonable tenant would do to take care of the Property. For example, but not limited to, re-hang a cupboard or wardrobe door; oil a lock, combination padlock or hinge; replace a lost or damaged key; promptly remove carpet or furnishing stains; replace light bulbs, fluorescent tubes, fuses, batteries, electric plugs; replace plugs and chains to sinks and baths; replace clothes lines; clean washing machine and tumble dryer filters; keep water pressure topped up on the gas boiler; replace filters in a cooker extraction hood; tighten and replace screws on, for example beds, furniture and fixtures; unblock and clean or replace filters in a vacuum cleaner; bleed radiators of air; re-fix or replace a knob, toggle and cord on a pull cord switch; replace a washer in a dripping tap or in a washing machine flexible water pipe; reconnect appliance disconnected or loose flexible and waste pipes behind, for example the dishwasher, washing machine and tumble dryer; unblock toilet, sinks, baths and showers, where you have caused the blockage; clean or replace mouldy/stained shower mat and shower curtain; remove and treat condensation mould; clean grout between tiles; remove lime scale on a sink, showerhead, glass shower screen(s) or tap; remove toilet pan stains; refit a door handle, toilet seat, toilet roll holder, towel rail, coat hook, curtain track or pole; keep paths, driveways, gravel, patios and other hard areas, for example concrete slabs clear of vegetation and re-stick small peeling areas of wallpaper. This is not a complete list of every day little jobs that need to be done to keep the Property in a reasonable state. You may need your own simple tool kit and spares, for example screws, washers, nuts and bolts. This excludes items for which we have responsibility in law.