Are You Behaving In A Tenant-Like Manner?
Although it may appear to be self-explanatory at first glance, behaving in a tenant-like manner could really mean anything and would thus be open to interpretation in the absence of solid guidelines. Thankfully, these guidelines exist, and in this post, we’ll go through exactly what it means to behave in a tenant-like manner so you know exactly what your responsibilities are.
What is the meaning of the expression “tenant-like manner”?
Industry jargon can sometimes enter the vocabulary accidentally over time. In some cases, specific times in history lead to words being accepted, and “tenant-like manner” is one such example.
The beginnings of tenant-like behaviour can be traced back to Warren v Keen, a case from 1953/4 that dealt with a landlord-tenant disagreement. The case was brought by a landlord trying to impose an obligation on the tenant for repairs despite the fact that there was no covenant requiring them to do so. It was presided over by the respected Lord Denning, who is often regarded as the finest English judge of modern times.
The landlord contended that the tenant had an obligation to maintain the property, including keeping it weatherproof and waterproof and performing regular repairs. The landlord argued in court that repairs were an implied obligation of the tenancy and that the tenant should act like a tenant.
Lord Denning stated in his decision:
‘The tenant must take proper care of the place. He must, if he is going away for the winter, turn off the water and empty the boiler. He must clean the chimneys, where necessary, and also the windows. He must mend the electric light when it fuses. He must unstop the sink when it is blocked by his waste. In short, he must do the little jobs about the place which a reasonable tenant would do.
In addition, he must, of course, not damage the house, wilfully or negligently; and he must see his family and guests do not damage it: and if they do, he must repair it.’ and ‘if the house falls into disrepair through fair wear and tear or lapse of time, or for any reason not caused by him, the tenant is not liable to repair it.’
Despite the fact that it occurred over a half-century ago, this case is frequently considered as the one that outlined the responsibilities of both landlords and tenants when it comes to property maintenance. But how does that apply to modern tenancy agreements?
What it means to act in a tenant-like manor today
As Lord Denning’s summary shows, the tenant is responsible for many of the ‘little jobs’ that go a long way towards preserving the standard of a home. The issue is determining what these minor tasks entail.
In most cases, the tenancy agreement that the tenant signs before moving into a property will provide a better understanding of what is expected of them. Behaving in a tenant-like manner, on the other hand, usually entails little tasks such as:
- Unblocking sinks, toilets, and drains
- Changing light bulbs
- Keeping both the interior (including windows) and exterior clean
- Maintaining level boiler pressure by re-pressurising when necessary
- Bleeding radiators
- General garden maintenance, such as mowing the lawn and sweeping up leaves
- Keeping windows free from condensation
- Ensuring that the property is kept free from pests
In short, the term ‘small jobs’ should refer to everyday maintenance duties. If the job in question warrants the use of a professional, such as a leaking roof, it is the landlord’s responsibility, not the renters’.
A decent rule of thumb is, would I pay someone to complete the task if I owned the property? If the answer is no, the job will most likely be for you rather than your landlord.
Why is it important to act in a tenant-like manner?
Being a good tenant is crucial for a variety of reasons. From a personal aspect, ensuring that you keep the property to the standard expected of you helps protect your deposit when the time comes to return the keys to the landlord.
Put yourself in the position of the landlord for a moment. Wouldn’t you want the occupants to look after the property if you were the owner? Without a doubt, you would. So, why should we act any differently when the roles are switched? Landlords frequently get a bad rap, but the vast majority of them are honest and nice individuals, not villains. Being a good tenant, then, is simply the proper thing to do.