Breach of Tenancy

When A Tenancy Agreement Is Breached

What constitutes a breach of a tenancy agreement?  You will find it in the contents of the terms of contract between tenant and landlord.  Every clause in the contract should cover every area of the tenancy.  This includes the landlord and tenant’s responsibilities with the property and each other.  Landlords have to comply with their own terms.  For instance, if according to the tenancy, it is the landlord’s responsibility to address any repair issues, then the tenant is within the right to expect and demand those repairs to be carried out.  If the landlord, within a specific time, hasn’t complied with this clause of the tenancy agreement, then the landlord is in breach of contract.

Tenants And Their Responsibilities

Tenants have responsibilities in relation to the property and with the landlord.  It is the tenant’s responsibility to pay the rent in full and on time.  Equally, if the tenancy agreement specifies for instance, that no pets are allowed in the property, the tenant has to comply.  If the tenant decides to get a pet, then the tenant is in breach of contract.  It is all very simple and straight forward.  Landlords sometimes slack and don’t renew a tenancy agreement after 6 months of tenancy.  Still they allow the tenant to stay for a period longer than a year.  Can the tenant continue to have quiet enjoyment of the property whilst still paying rent?  What legal rights does the tenant have then?  The tenancy agreement isn’t live by default but the tenant still has responsibilities and so does the landlord.  The tenant needs to continue paying rent on time and in full, and needs also to maintain the property in reasonably good condition, in other words, the tenant must not cause any negligent damages to the property.

What About The Landlord?…

It is a landlord’s responsibility to provide repairs and maintenance to the property and keep the property safe.  This is a legal requirement for all landlords.  What if the tenancy agreement has come to an end but the landlord allows the tenant to remain in the property?  Does this mean that the landlord ceases to have any obligations?  Not at all.  By law, all landlords have legal obligations which include:

• repairing and maintaining the structure and exterior of the property

• repairs to the interior of the property

• repairs to any installations for water, gas, electricity or sanitation

• repairs to heating and water heating systems

• repairs to any appliances which make use of the water, gas or electricity supply

• repairs to any fixtures, fittings and furniture provided by the landlord

Are you a tenant or landlord?  Do you need advice relating to your tenancy agreement?  If your tenancy agreement has come to an end, we strongly advise you to renew it in order to avoid any problems.  Please give us a call for an informal discussion.  SG

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January 21, 2019 at 9:00 am
Category: Contracts, Leasing Buying Selling, Property

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