A tenancy (whether in writing or not) is a legal contract. This brings with it rights and responsibilities for both landlord and tenant. Some of these can be modified by contract.

For example, if nothing is stated to the contrary, it is assumed that the landlord will be responsible for the repair of the fabric of the building, the plumbing, wiring and heating systems, while the tenant is responsible for the interior decoration and furnishings. However, some landlords prefer to take responsibility for internal decoration also.

The following rights and responsibilities are therefore those that cannot normally be altered by a contract because they are contained in landlord and tenant law.

Rent Accounts

Legally, a landlord charging rent on a weekly basis must provide the tenant with a rent book. Although this is not strictly the case for tenancies where rent is charged monthly, it is still good practice to provide tenants with a written record of rent payments.

The landlord must keep a record of rental income in order to complete tax forms. In addition, if there is a problem with obtaining rent payments from a tenant and the landlord chooses to try to evict the tenant, a Court will always require evidence of the rent payments made and the amounts due.

Privacy

In law, the tenant's right to privacy is referred to as 'quiet enjoyment'. One way of thinking about rent is to consider it as a form of compensation paid to a landlord because the landlord does not have use of the property. Once a landlord accepts rent, the tenant has the right to live in the property with similar rights to a homeowner. A homeowner would not expect their mortgage lender to enter their house without their permission, and in a similar way a landlord must ask for the tenant's permission to enter the property.

It is sensible to arrange to visit on a regular basis. Some landlords will choose to visit monthly (when the rent is due) some may prefer to leave longer periods between visits.

Tenants are unlikely to object to a landlord visit where prior arrangements have been made.  Where no prior notice is given to a tenant regarding the landlords intention to visit, they have the right to refuse the landlord entry to the property.  If it becomes an issue, the landlord must give at least 48 hours written notice before inspecting a property unless there is an emergency.

Repairs

The landlord is responsible for repairs to the structure of the building, to the plumbing and heating and to the wiring. If appliances (such as a cooker) are included in the tenancy the landlord will normally be responsible for their repair as well.

It is the duty of the tenant to inform the landlord (or their agent) of any items of disrepair. This is intended to prevent further disrepair arising because the landlord was not aware of a problem. This is one reason why it is vital for the tenant to be informed of the landlord's name and address.

Once a landlord is informed of a repair problem, action must be taken in a reasonable period of time. What is reasonable will depend on the nature of the disrepair. For example, a leaky water pipe may be reasonably regarded as an emergency, whilst a slipped tile on a roof may not cause any serious problem for the tenants.

Properties can only be offered for rent if they meet a basic standard of fitness. This covers major structural features such as freedom from damp, provision of lighting, ventilation, water supply, waste and drainage, sanitary conveniences and facilities for the preparation and cooking of food. It also covers repair and maintenance.

The Council's Environmental Health Department is responsible for the inspection of rented properties. Normally, they will respond to tenant's complaints by visiting a property and contacting the landlord if there are concerns.

If a report reaches the Council that suggests a property is unfit, the Council is legally obliged to inspect the property. If the Council's inspector declares that the property is unfit, it is normal that a request is made to the landlord to carry out necessary work to remedy the problem within a given time limit.

The same Council department that regulates the condition of private rented property also administers renovation grants. In certain circumstances, grant funding can be available to assist a property that is unfit to be brought back to a satisfactory standard