Disputes between tenants and landlords often arise when responsibilities are unclear and sometimes the dividing line can be fuzzy. If there are uncertainties, make sure your tenancy contracts allocate them to one side or the other.

Variations in responsibilities often depend on whether properties are let furnished, unfurnished or part-furnished.

The following areas are usually the responsibility of the landlord, those marked with an asterisk are legal obligations:

• Mortgage payments*
• Keep and protect tenants' deposits*
• Ensure constant compliance with health and safety legislation e.g. gas, electricity, fire, building regulations, including checking any appliances included with the property*
• Give tenants copies of the government's "How to Rent" guide (England only)*
• Check that tenants have a Right to Rent (England only)*
• Provide energy certificates (except HMOs)*
• Licence a property (HMOs only)*
• Provide full name and address of landlord or agent*
• Buildings insurance
• Contents insurance - usually only for part or fully furnished, not compulsory
• Repairs and maintenance* (often decoration too)

Tenants are usually responsible for the following:

• Deposit and rent payments*
• Council tax*
• Water and sewage charges
• Contents insurance - for full or part furnished (not compulsory)
• Phone line and internet services
• TV licence and any other entertainment services (e.g. satellite or cable)
• Utility bills
• Day-to-day care of the property, including cleaning
• Repair of damage caused by tenants and their guests
• Replacing minor consumables (e.g. light bulbs)
• Garden maintenance (although some landlords pay for gardeners' visits)
• Allow access to landlords (at 24 hours notice)

Utilities and council tax

Some properties aren't completely separate from the landlords' - like a flat above a garage or an annexe.

There may not be separate council tax on those properties and it might not be cost-effective to put separate meters in for utilities. In these cases landlords can pay the council tax and utility charges and adjust the rent accordingly.

Contents insurance

Landlords will rarely pay for contents insurance on a property offered as unfurnished but may for full-furnished or part-furnished.

The key here is to make it very clear in the contract and inventory what is provided by the landlord and what isn't. It is then up to the tenants to decide whether or not they want to insure items that they bring into the property.

Taking care of the property

Tenants are generally responsible for cleaning and looking after the property and landlords for the fabric of the building, and appliances if provided.

Tenancy agreements can allow tenants to decorate or add things like picture hooks or shelves, as long as permission is sought and no damage is done.

Note that new laws have also been passed recently, requiring landlords to allow tenants to upgrade the property if it will make it more energy efficient.

Get the contract right

As is so often the case, the tenancy agreement is key to preventing problems. Make sure that these responsibilities are very clearly laid out and it will make any disagreements quick and easy to resolve.

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