west lothian council tenancy agreement

Responsibility inside a tenancy agreement

One in the major issues between renting and letting of property is that relating to maintenance and repair in connection with tenancy agreement. Who’s responsible when the roof starts leaking,the central heating system system stops working? Even should the landlord and tenant use a comprehensive tenancy agreement that covers these things in full, various Acts of Parliament often overrule the tenancy agreement. The law will not be contained in any single statute: this can be a mixture of common law (judge-made law) and other statutory provisions made to deal with diverse matters including tenancy agreements.

Primacy of terms in a very tenancy agreement

In common law landlord / tenant liability for repairs is governed because of the tenancy agreement. The comparison to its that contract ( tenancy agreement) could be set out expressly (express terms) or might be implied for legal reasons (implied terms). Some of the implied terms are implied by common law, others by Acts of Parliament called statutory implied terms. The common law implied terms might be overridden by express terms in the tenancy agreement nevertheless the statutory implied terms cannot generally be ousted through the tenancy agreement, helping to make the statutory implied terms vitally important to the tenancy agreement. It is therefore important to get a tenancy agreement to consider:

* The express terms from the tenancy agreement

* The common law implied terms in the tenancy agreement (but keeping in mind that these could be excluded when the tenancy agreement says otherwise)

* The statutory implied terms inside the tenancy agreement (taking into consideration that these cannot normally be excluded form a tenancy agreement and can therefore operate inspite of the terms in the tenancy agreement).

Breach of such express or implied terms inside the tenancy agreement is often a breach of contract (tenancy agreement) and may be enforced with the parties on the contract, ( tenancy agreement ) i.e. the landlord and the tenant since the case can be.

The tenancy agreement & statutory implied terms

The tenancy agreement may arranged clauses which stipulate that is liable for what repair. If the landlord has undertaken inside tenancy agreement to accomplish all the repairs the tenant can enforce these obligations as set with the tenancy agreement. The landlords’ liability depends upon the actual wording in the relevant clauses inside the tenancy agreement.

‘repair’ & ‘improvement’

It is significant to distinguish ‘repair’ from ‘improvement’ inside tenancy agreement. The word ‘repair’ is confined on the renewal or replacing of subsidiary parts from the building; improvement is adding things on the property which do not already exist. The law will not impose a duty on the landlord to effect improvements unless he’s got expressly agreed to complete so inside the tenancy agreement. Therefore repairing a leaking gutter could be classed to be a repair. If the tenant wanted a conservatory that could be classed just as one improvement and my knowledge very few landlords would sanction this work.

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