Jungle Property Blog

Category: Tenants

Anything that may be of interest to tenants

  • Can a landlord claim to redecorate whole wall if wall is scratched by tenant?

    Short answer is yes (possibly).

    Long-winded answer…..

    The first thing to consider is whether the scratch is ‘fair wear and tear’ or ‘damage’. Scratches caused by the tenant making reasonable use of the premises would be considered fair wear and tear. E.g. micro (barely visible to the naked eye) scratches caused by cleaning.

    Clearly visible scratches or dents to the walls (or decoration thereon) are damage. Irrespective of how big they are or whether they are accidental or malicious, it is damage. If the tenant has damaged the wall (or decoration) they should expect to pay compensation to the landlord. The level of compensation should be a reasonable reflection of actual costs incurred (or likely to be incurred) to repair the damage and will depend on the length and depth of scratch and type of any decoration e.g. wallpaper or paint. Under certain circumstances the level of compensation could be an amount sufficient to re-paint a whole wall. However an amount of compensation sufficient to paint a whole room (or house!) would be classed as ‘betterment’ as it would put the landlord in a better position than at the start of the tenancy and therefore would not be acceptable.

    Anyone disagree with me? Anyone had an experience of a landlord trying to get compensation to paint a whole room or even a house!

    More info here and here

  • Do landlords need to provide a cooker in their rental property?

    Short answer is No!

    However if the property is classed as a HMO (Houses in Multiple Occupation) then The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 apply and S3 (here) covers standards for kitchens.

    Provision for cooking of food is mentioned twice in the regulations:

    3 (b)(iii) – installations or equipment for the cooking of food

    4 (1)(a) – adequate appliances and equipment for the cooking of food

    Consistent with these regulations local authorities may set their own standards for facilities in HMOs.

    That said, even if your property is not a HMO you should consider how tenants might prepare food and have a suitable cooker point ready for the tenant’s appliances or equipment.

  • Do all joint owners need to be named in a tenancy agreement?

    Short answer is no.

    However consider the following:

    • All owners must agree to the property being rented.
    • Provided the tenancy is for a term not exceeding three years any one of the owners can sign on behalf of the others. For a term exceeding three years all  owners must sign.
    • Ideally tenancy agreements should name and be signed by all the legal estate owners as all dealings should involve them all. Omitting owners can cause problems later.

    Are all joint owners named on your tenancy agreement?