Reporting Maintenance - A Tenant Obligation
One of the cornerstones of a successful rental relationship is clear communication between the Landlord and the tenant.
Tenants often focus on their rights, but they also have responsibilities, one of the most critical being the timely reporting of maintenance concerns.
Reporting issues promptly is not just a matter of good practice; it’s a legal obligation under Section 16 of the Landlord and Tenant Act 1985. Failure to report issues can lead to larger problems that could have been avoided, and in some cases, may even amount to what is known as ‘waste’.
As the Renters Rights Bill makes its way through Parliament, let’s look at why tenants must take this responsibility seriously, and how it benefits both parties involved.
Legal Obligations Under Section 16
Section 16 of the Landlord and Tenant Act 1985 places a duty on tenants to notify the Landlord of any disrepair or maintenance issue within the property. This is crucial because, the law states the Landlord cannot be held responsible for repairs they are unaware of. Tenants must understand that neglecting to report maintenance issues could relieve the Landlord of liability for the problem, leaving the tenant with continued inconvenience or even escalating damage.
Imagine a scenario where a tenant notices a leak but chooses not to report it, assuming it will resolve itself. Over time, that minor leak could cause serious structural damage, for which the tenant may then be held partially responsible due to their failure to inform the Landlord.
Avoiding Permissive and Voluntary Waste
Neglecting to report maintenance issues may lead to what is known as permissive waste. This occurs when a tenant allows a property to fall into disrepair through inaction.
In extreme cases, failing to report maintenance concerns can even be classified as voluntary waste, which is when the tenant actively causes damage to the property. While voluntary waste may seem a more obvious breach, permissive waste is just as serious in the eyes of the law. Both forms of waste can result in legal consequences, including the potential loss of deposit or, in severe cases, legal action.
A tenant’s responsibility is not only to live in the property but to preserve its condition as far as reasonably possible. Reporting concerns as soon as they arise is a simple way to prevent unnecessary damage, which benefits the tenant in maintaining a safe and comfortable living environment while protecting their legal standing.
The Role of Fixflo and Other Platforms
Many property professionals use systems like Fixflo, which streamline the reporting process for tenants. Fixflo is an online platform that allows tenants to report maintenance concerns directly, ensuring all necessary information is captured and sent to the Landlord or property manager immediately. Such platforms remove any barrier to communication by making it as easy as possible for tenants to report issues with the click of a button.
Additionally, other platforms such as Arthur Online, PropertyFile, Reapit, TenantCloud, AppFolio, and Maintenance Manager (MMGR) offer similar services, making it straightforward for tenants to raise maintenance issues. These platforms allow tenants to log maintenance requests, upload photos, track the progress of their repairs, and communicate directly with property managers or Landlords.
Why Reporting Helps Tenants
Apart from the legal requirements, there are several practical reasons why tenants should promptly report maintenance issues:
Safety: Unresolved maintenance issues, particularly those involving electrical systems, plumbing, or structural integrity, could pose serious safety risks. Reporting concerns early ensures that these risks are addressed quickly, helping to protect the tenant’s well-being.
Comfort: A malfunctioning boiler in the dead of winter or a broken window can significantly affect a tenant’s quality of life. Prompt reporting ensures that the Landlord can arrange repairs before the issue impacts the tenant’s day-to-day living conditions.
Cost Efficiency: Small problems can become big ones if left unchecked. For example, a dripping tap might seem insignificant, but over time it can lead to water damage or mould growth. By reporting issues early, tenants can help to avoid the inconvenience of major repairs that could potentially require them to vacate the property temporarily.
Protecting the Deposit: If damage to the property escalates due to a failure to report it, tenants could find themselves on the hook for some of the repair costs. This could result in deductions from the deposit at the end of the tenancy.
The tenant’s duty to report maintenance issues isn’t just about maintaining a pleasant living environment – it’s a legal responsibility that can protect the tenant from both immediate inconvenience and future costs. By being proactive in reporting any disrepair, tenants safeguard their rights, help avoid permissive and voluntary waste, and ensure that the property remains in good condition throughout their tenancy.
References to multiple platforms are in no way an endorsement. Before making a decision to use reporting software, ensure that the necessary due diligence is carried out.