Residential leases can contain pages of complicated clauses, and many tenants sign their agreement without fully understanding it. Listed here are a few common misconceptions about renting property, together with an accurate interpretation. 1. It is entirely the landlord's responsibility to keep the property in good repair. This is not entirely accurate. A tenant has an implied covenant to act in a "tenant-like manner". This generally means to report disrepair quickly; to take reasonable steps to ensure that neither the tenant nor guests damage the property or its fixtures and fittings; to do the minor day to day things any home-occupier would normally do e.g. replace light bulbs, fit a new battery in a smoke or CO2 detector, tighten an odd screw which has come loose on a door handle etc.; to keep the property reasonably warm and aired to help prevent condensation or freezing of pipes; to leave the property secure when absent from it; to keep the garden and other areas reasonably tidy and free from rubbish. A landlord will be responsible for repairs only if the repair has been reported. You should therefore make sure that you report repairs in writing and retain a copy for yourself. Landlords are required by law to repair the structure and exterior of the property, including drains, gutters and external pipes; to keep in working order the installations for the supply of gas, electricity and water; and, for the installations for the provision of space and water heating. If you find that any the above is in a state of disrepair you can complain to either your local environmental heath department or the tenancy relations office at your local authority. 2. I am in breach of one of the terms of my tenancy agreement and the landlord is now threatening me with eviction from the property - I have no choice but to leave. If a landlord or agent evicts a tenant without following the correct procedures, it is is a criminal offence; normally this means that you cannot be evicted without the landlord obtaining a Possession Order from the County Court. If your landlord puts pressure on you to leave your home for example by any of the following he or she could be committing a criminal offence. Examples include: - Visiting at unsocial hours - Changing the locks - No verbal or physical threats - Disconnecting gas, water or electricity supplies - Interfering with your possessions - Interfering in some way with your quiet enjoyment of the property If you do suffer any form of harassment it is important you keep a written note of any occurrences, and if you have witnesses ask them to do the same. 3. My landlord has stated that there will be car parking at the premises. Not necessarily. The lease will need to be checked to establish whether or not there is an allocated parking space or spaces or whether there is only a right to park on a "first come first served basis" in a communal car park. However dull reading through your lease may seem, it is absolutely essential that any tenant entering into a lease knows exactly what they are committing themselves to. To avoid unnecessary risk, if you don't understand exactly what your agreement involves, make sure you don't sign it before you get an experienced landlord and tenant solicitor to explain it to you.
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