Tenant Obligations

A tenancy agreement can require tenants to meet reasonable obligations about how they use and occupy the property. Usually, that means basic standards of behaviour, care of the home, consideration for neighbours, and responsibility for anyone living there or visiting.

The agreement should usually say that the tenant must:

  • act in a tenant-like manner and take reasonable care of the property;
  • keep the property reasonably clean and tidy;
  • not cause nuisance, annoyance, harassment or anti-social behaviour;
  • make sure that household members and visitors do not cause damage or disturbance;
  • use fixtures, fittings and appliances properly;
  • not damage the property or any common parts;
  • allow access where the agreement or the law allows it, for example, for inspections, repairs, safety checks or other lawful purposes; and
  • comply with any reasonable rules for shared areas or communal facilities.

These points matter even more in shared houses, flats and larger buildings. One person’s behaviour can easily affect other tenants, nearby occupiers, and the landlord’s ability to meet legal obligations.

Occupiers of HMOs also have specific duties under the Management of Houses in Multiple Occupation (England) Regulations 2006. Each occupier must:

  • avoid doing anything that prevents or obstructs the manager from carrying out their duties;
  • allow the manager, at reasonable times, to enter living accommodation or other areas they occupy where this is needed for the manager’s duties under the regulations;
  • give the manager any information reasonably requested for that purpose;
  • take reasonable care not to damage anything the manager must supply, maintain or repair under the regulations;
  • store and dispose of litter in line with the arrangements made by the manager; and
  • follow the manager’s reasonable instructions about fire escape routes, fire prevention and the use of fire-fighting equipment.

If the property is an HMO, it is sensible for the tenancy agreement to spell this out in straightforward language. That does not replace the regulations, but it does make expectations clearer from day one.

The agreement should also make clear that tenants are responsible for their visitors. If a visitor causes nuisance, damage or creates a safety risk, the tenant may be in breach. In shared accommodation, that point is often one of the first places trouble starts.

If problems arise, landlords should usually raise them promptly and in writing. They should keep records of complaints, warnings, and any evidence of damage or anti-social behaviour. Clear clauses help, but they are much more useful when the landlord also keeps proper records and manages the property consistently.

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