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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
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Experience:  Over 20 years experience
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We live in rented sheltered housing. The landlords Southern

Resolved Question:

We live in rented sheltered housing.
The landlords Southern Housing Group are in the process of replacing the lift and they say the cost of this has to be passed on to the tenants.
We disagree with this quoting - Section 11 Landlord and Tenant act 1985.
Who is correct - Thank you Jpan
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas Judge replied 2 years ago.
Hi,I am at a loss to understand how your landlord considers that you would be responsible as tenants to meet the costs of replacing a lift. That falls within the domain of the landlord and the landlord is responsible for these charges and not to pass them on to you as tenants. The law, that is, section 11 of the Landlord and Tenant Act 1985, implies a term into your tenancy agreement. It's the most important of your landlord's obligations to carry out repairs. The implied term applies whether your tenancy agreement is in writing or has been agreed orally. Generally, it means that your landlord is responsible for keeping in repair:the structure and exterior of your home, for example, the walls, roof, foundations, drains, guttering and external pipes, windows and external doors. This will include replacing a lift.basins, sinks, baths, toilets and their pipeworkwater and gas pipes, electrical wiring, water tanks, boilers, radiators, gas fires, fitted electric fires or fitted heaters. These repair responsibilities can't be cancelled out by anything your tenancy agreement says. Also, your landlord isn't allowed to pass on the cost of any repair work to you which is their responsibility. I hope that this is clear. As you are in shelters accommodation I would be minded to raise this issue with your MP. Please rate positively - thanks.
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