05 Aug 26
Contributed article from Des Taylor
A situation I dealt with involved a tenant who provided a signed statement of truth, witnessed and recorded under perjury provisions, confirming that he was personally responsible for the damage found in the property.
The local housing authority enforced against the landlord regardless.
The licence in question was a selective licence, and the conditions placed an absolute obligation on the licence holder to keep the property in good repair at all times.
The fact that the tenant had caused the damage, and had admitted doing so, did not alter that obligation.
The tenant had also prevented access for a gas safety inspection.
The landlord was still required to ensure the safety certificate was obtained.
Licence conditions create obligations that sit with the licence holder.
They cannot be transferred by a tenancy agreement, and they are not removed by tenant conduct.
