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  • Legal FAQs

    About the liability of maintenance cost

    Hi Everyone,

    Recently, I have read my tenancy agreement (Company Tenancy Agreement, instead of AST), it has the following clause:

    6. The Landlord does not agree to carry out any repairing obligations as required by section 11 of the Landlord and Tenant Act 1985.  As a company let, the named tenant is responsible for all repairs within the property.

    It is so clear that the landlord does not need to take any responsibility for any repairing.  (Remark: my tenant is a Housing Association).  Thus, I try to negotiate with my letting agent and ask them to repay the maintenance cost to me.

    However, they refuse and explain the following:

    You are more than welcome to seek legal advice and take any steps you wish.  Let me just advise however if we are to hire our legal team once through the system we will invoice and place our legal representative fees to yourself along with our fees for the time taken. 

    I would also like to inform the clause of the tenants repairing obligation as you have quoted is for general cosmetic and wear and tear as per section 11.  Major issues ie structural, boiler and fixtures to the property deemed as unsafe is still the landlords obligation. 

    Any advice (before I proceed any legal action)?

    Thanks in advance.

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    Unless the lease has a fixed term of more than three years (or is a very unusual kind of tenancy) section 11 of the Landlord and Tenant Act applies to all residential leases.

    You say that the lease is a company tenancy agreement, what do you mean by that? The landlord being a company doesn't stop the lease being an AST, but you being a company would.

    The agent sounds like they're essentially agreeing with you, the type of repair they reference is what is covered by section 11.

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