Tenant Obligations

Through the tenancy agreement (or occupation contract), landlords may impose reasonable obligations on the tenant that affect their behaviour (including anti-social behaviour) and visitors.

Many terms of occupation contracts are legislated by fundamental or supplementary terms (for example, anti-social behaviour is a fundamental term of all occupation contracts). Others can be added as additional terms.

There are other terms implied by statute or common law.

Occupiers of HMOs

Occupiers of HMOs have specified legal obligations under the Management of HMO regulations, and every occupier must -

  • conduct himself in a way that will not hinder or frustrate the manager in the performance of his duties;
  • allow the manager, for any purpose connected with the carrying out of any obligation imposed on him, at all reasonable times to enter any living accommodation or other place occupied by that person;
  • provide the manager, at his request, with any such information as he may reasonably require for carrying out any such duty;
  • take reasonable care to avoid causing damage to anything which the manager is under an obligation to supply, maintain or repair;
  • store and dispose of litter by the arrangements made by the manager; and
  • comply with the reasonable instructions regarding any means of escape from fire, the prevention of fire and the use of fire equipment.

Tenant-like manner

This historic right applies to tenancies outside the Renting Homes (Wales) Act 2016. It has been defined as 'to do the little jobs about the place which a reasonable tenant would do' such as unblocking sinks when blocked by the tenant's waste, keeping toilets and drains clear, regular cleaning including windows, putting refuse out for collection and gardening if applicable. The tenant must not wilfully or negligently damage the house (nor allow others to do so). The Renting Homes (Wales) Act 2016 excludes explicitly tenant-like manner from occupation contracts in section 101.

Permissive waste

The tenant is responsible for ensuring the property is not damaged deliberately and kept clean and free from rubbish during the tenancy when let outside the Renting Homes (Wales) Act 2016. The Renting Homes (Wales) Act 2016 excludes explicitly tenant-like manner from occupation contracts in section 101.

The occupier must not use the rent to pay for repairs, except in minimal circumstances

The occupier must report repairs to the landlord/agent. Using rent for any other reason could result in eviction from the property.

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