Tenant’s Obligations

Default Rights

The Residential Tenancies Act specifies the obligations that apply to landlords and tenants of residential tenancies regardless of whether or not there is a written tenancy agreement. The cannot be varied by the landlord and tenant, other than to improve the tenant’s rights.

Overview of Tenants Obligations

The tenant’s responsibilities include the following

• to pay rent and other charges;
• not to do or omit to anything which causes the landlord to breach his repair obligations;
• to notify the landlord of defects necessitating exercise of the landlord’s repair obligations;
• to allow reasonable access for landlord’s works;
• not to permit deterioration beyond normal wear and tear;
• to make good any such damage;
• not to engage in antisocial behaviour;
• not to invalidate landlord’s insurance;
• to pay any increased insurance due to the tenant;
• not to assign, sublet without the landlord’s written consent (which may be withheld at the landlord’s discretion);
• not to  alter  or change the dwelling without the landlord’s written consent;
• to use only as a dwelling;
• to inform the landlord of the identity of residents.

Tenancy agreements may not vary, modify or restrict the above mandatory basic landlord and tenant obligations. They may impose additional consistent obligations on the landlord or on the tenant.

Rent and Payments

The tenant must pay to the landlord or his or her authorised agent (or any other person where required to do so by any enactment)—

• the rent provided for under the tenancy concerned on the date it falls due for payment, and
•  where the lease or tenancy agreement provides that any charges or taxes are payable by the tenant, pay those charges or taxes in accordance with the lease or tenancy agreement (unless provision to that effect in the lease or tenancy agreement is unlawful or contravenes any other enactment);

Maintenance

The tenant must not do any act that would cause a deterioration in the condition the dwelling was in at the commencement of the tenancy, but there shall be disregarded, in determining whether this obligation has been complied with at a particular time, any deterioration in that condition owing to normal wear and tear, that is to say, wear and tear that is normal having regard to

• the time that has elapsed from the commencement of the tenancy,
• the extent of occupation of the dwelling the landlord must have reasonably foreseen would occur since that commencement, and
• any other relevant matters;

If the last-mentioned obligation is not complied with, take such steps as the landlord may reasonably require to be taken for the purpose of restoring the dwelling to the condition above or to defray any costs incurred by the landlord in his or her taking such steps as are reasonable for that purpose;

ensure that no act or omission by the tenant results in there not being complied with the obligations of the landlord, under any enactment, in relation to the dwelling or the tenancy (and in particular, the landlord’s obligations under Minimum Standards Regulations);

Behaviour

The tenant must not behave within the dwelling, or in the vicinity of it, in a way that is anti-social or allows other occupiers of, or visitors to, the dwelling to behave within it, or in the vicinity of it, in such a way;

Anti-social behaviour is behaviour within the dwelling that constitutes the commission of an offence, causes fear, danger, injury, damage or loss, or includes violence, intimidation, coercion, harassment, obstruction or threats. It also includes persistent behaviour that prevents or interferes with the peaceful occupation of their dwellings by others in the building or its vicinity.

Liaison

The tenant must allow, at reasonable intervals, the landlord, or any person or persons acting on the landlord’s behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling;

The tenant must notify the landlord or his or her authorised agent of any defect that arises in the dwelling that requires to be repaired so as to enable the landlord to comply with his or her obligations, in relation to the dwelling or the tenancy, under any enactment,

The tenant must allow the landlord, or any person or persons acting on the landlord’s behalf, reasonable access to the dwelling for the purposes of allowing any works (the responsibility for the carrying out of which is that of the landlord) to be carried out;

Protect Insurance Position

The tenant must not act or allow other occupiers of, or visitors to, the dwelling to act in a way which would result in the invalidation of a policy of insurance in force in relation to the dwelling;

if any act of the tenant’s, or any act of another occupier of, or visitor to, the dwelling which the tenant has allowed to be done, results in an increase in the premium payable under a policy of insurance in force in relation to the dwelling, pay to the landlord an amount equal to the amount of that increase  (and that obligation to pay such an amount shall apply in respect of each further premium falling due for payment under the policy that includes the increased element);

Restricted Acts Require Consent

The tenant must not alter or improve the dwelling without the written consent of the landlord which consent the landlord in case the alteration or improvement consists only of repairing, painting and decorating, or any of those things, may not unreasonably withhold, ) in any other case, may, in his or her discretion, withhold

The tenant must not use the dwelling or cause it to be used for any purpose other than as a dwelling without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold)

The tenant must not assign or sub-let the tenancy without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold);

The tenant must notify in writing the landlord of the identity of each person (other than multiple tenants) who, for the time being, resides ordinarily in the dwelling.