Take good care of the property: the position in 2026
Take good care of the property is a fundamental aspect of being a tenant, ensuring that you maintain the rented space to an acceptable standard and return it undamaged at the end of your tenancy. In 2026, this responsibility continues to be important for both tenants and landlords as it affects the condition of the property and influences whether the landlord will keep or renew the tenancy agreement.
In the UK, taking good care of the property isn't just a moral obligation but a legal requirement under various statutes. Tenants must ensure that they don't damage the property during their stay and report any issues to the landlord promptly so that these can be addressed in a timely manner. This duty helps prevent disputes over the condition of the property at move-out time. Which can lead to deductions from your deposit or even legal action.
What the law says
The laws governing tenant responsibilities for taking care of the property are primarily outlined in the Housing Act 1988 (s.8 and s.21), the Landlord and Tenant Act 1985 (s.11), and the Deregulation Act 2015 (s.33). Additionally, the Tenant Fees Act 2019 restricts landlords from charging unreasonable fees for repairs or maintenance issues.
Under the Housing Act 1988 (s.21), a landlord may serve a Section 21 notice to end an assured shorthold tenancy if the tenant hasn't fulfilled their duties, including maintaining the property in good condition. The Landlord and Tenant Act 1985 (s.11) places specific obligations on landlords to maintain the structure of the property, sanitary facilities, heating systems, and installations for water supply, gas, electricity, and sanitation. However, it doesn't specify tenant responsibilities beyond those outlined in the tenancy agreement.
The Deregulation Act 2015 (s.33) further clarifies that landlords must provide tenants with a full inventory at the start of the tenancy to document the property's condition, which helps resolve disputes over damage claims at the end of the lease.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 significantly altered the situation for both tenants and landlords regarding maintenance responsibilities. At Take good care of the property, section 21 notices have been abolished, making it harder for landlords to terminate tenancies without a specific reason. The act also requires that periodic tenancies start from day one of the agreement rather than after an initial fixed term.
annual rent caps introduced via Section 13 ensure that increases are reasonable and in line with inflation rates. The Decent Homes Standard has been extended to cover private rented sector (PRS) properties, meaning all PRS homes must meet basic quality standards for heating and insulation as well as safety and structural conditions.
Awaab's Law, which was previously applicable only to social housing, is now enforced for private landlords too, mandating that every landlord register with the new Private Rented Sector Database. This database aims to improve accountability and enforcement in the PRS by providing a centralised record of all PRS properties and their compliance status.
The Renters' Rights Act 2025 also establishes a new Private Rented Sector Ombudsman, who can intervene in disputes between tenants and landlords regarding repairs and maintenance issues. This provides an additional layer of protection for tenants facing neglectful or unresponsive landlords.
What this means for tenants
Under the current laws and with the Renters' Rights Act 2025 amendments. Tenants are expected to maintain their rented property as they found it when moving in. Tenants should report any issues promptly to avoid being held responsible for damages that could have been prevented or resolved through landlord intervention. It's also important to keep a full record of all communications with the landlord regarding maintenance and repairs.
To ensure compliance, tenants may want to review their tenancy agreement carefully to understand what specific duties they're expected to perform. If your tenancy agreement doesn't clearly outline these responsibilities, it would be wise to seek legal advice or consult organisations like Shelter for guidance on interpreting and fulfilling tenant obligations effectively.
What this means for landlords
Landlords must now comply with stricter standards regarding the condition of their properties and how they manage repairs and maintenance issues. At Take good care of the property, they're expected to register all PRS properties in a central database and adhere to enhanced Decent Homes Standards, which cover heating, insulation, safety, and structural integrity.
To avoid disputes with tenants over responsibilities for property care, landlords should provide detailed inventories at the start of tenancies that accurately reflect the condition of the property. These documents can serve as reference points when assessing any changes in the property's state during a tenant's occupancy.
Landlords are also expected to respond promptly to repair requests and maintain regular communication with tenants about ongoing maintenance tasks. Non-compliance could lead to legal challenges or penalties under the new enforcement regime established by the Renters' Rights Act 2025.
Common scenarios
- Tenant Neglects Maintenance: A tenant fails to report a dripping tap, which leads to water damage and mould growth over several months. When the tenancy ends, the landlord deducts costs from the deposit for repairs needed because of the neglected issue.
- Disputed Condition at Move-Out: At the end of their lease, a tenant disputes deductions from their deposit based on alleged damages that occurred during their stay. The dispute escalates to an investigation by the Housing Ombudsman who rules in favour of the landlord due to insufficient documentation and evidence provided by the tenant.
- Landlord's Delayed Maintenance: A tenant reports a broken boiler, but the landlord takes over two weeks to fix it despite repeated follow-ups. This delay causes significant discomfort and could be grounds for a complaint to the council's environmental health department or escalation through the PRS Ombudsman if unresolved.
Evidence tenants should keep
Tenants need to gather full evidence throughout their tenancy to protect themselves from potential disputes over property condition or maintenance issues:
- Inventory Check: At move-in, ensure an inventory is signed by both parties detailing the initial state of the property.
- Regular Inspections and Reports: Document regular inspections and any reported issues with emails or letters. At Take good care of the property, keep copies of receipts for any repairs made at your own expense.
- Photographs and Videos: Take clear photos or videos to show the condition of fixtures, walls, floors, windows, and appliances both at move-in and throughout tenancy.
- Communication Records: Save all correspondence related to maintenance requests, repair deadlines, and landlord responses. This includes emails, text messages, and any written notes.
Keeping detailed records helps prevent misunderstandings about property conditions and assists in resolving disputes amicably or through formal channels if necessary.
What to do if things go wrong
If issues arise regarding the care of your rented property, follow these steps:
- Send a Complaint Letter: Write a formal complaint letter to the landlord outlining all maintenance problems and requesting prompt action.
- Contact Council Environmental Health: If the landlord doesn't respond adequately, contact the local council's environmental health department for further investigation.
- Deposit Scheme Dispute: Submit your dispute to the deposit protection scheme if deductions from your deposit are unjustified or excessive based on evidence you have collected.
- Housing Ombudsman Investigation: Seek an impartial review by the Housing Ombudsman if local council and deposit scheme interventions don't resolve the issue satisfactorily.
- PRS Ombudsman Review: In cases involving private rented sector properties, escalate to the newly established Private Rented Sector Ombudsman for a thorough examination of your complaint.
- First-Tier Tribunal Appeal: If disputes remain unresolved through all above methods, consider lodging an appeal at the First-Tier Tribunal (Property Chamber).
- County Court Legal Action: As a last resort, tenants may need to seek legal representation and pursue claims in County Court if substantial damages or losses are involved.
Each step serves as a progressive escalation to address property care issues effectively without immediate recourse to costly litigation.
Common mistakes to avoid
Both tenants and landlords frequently make errors that can exacerbate disputes over maintenance responsibilities:
- Neglecting Inventory: Failing to create or sign an inventory at the start of tenancy leaves no clear record of initial property conditions.
- Lack of Documentation: Without full evidence like photos, emails, and receipts, proving your case becomes challenging in dispute resolution processes.
- Ignoring Small Repairs: Delayed action on minor issues can lead to significant damage over time, impacting both the condition of the property and tenant-landlord relationships.
- Excessive DIY: Undertaking repairs without consulting or obtaining permission from the landlord could result in non-compliance with tenancy agreements.
- Poor Communication: Failure to maintain regular communication about maintenance needs often leads to misunderstandings and unresolved issues.
- Ignoring Legal Requirements: Landlords who don't comply with new standards set by Renters' Rights Act 2025 risk penalties and legal consequences, impacting their ability to manage properties effectively.
Avoiding these common pitfalls ensures smoother tenancies and reduces the likelihood of disputes over property maintenance responsibilities.
Where to get help
For additional support or guidance on tenant rights regarding property care, tenants can contact organisations such as Shelter (shelter.org.uk) or Citizens Advice (citizensadvice.org.uk). At Take good care of the property, local councils also have dedicated housing teams that offer advice and intervention services. Legal aid may be available for those who meet specific eligibility criteria to cover legal costs in disputes over maintenance issues.
These resources provide full support tailored to individual circumstances, helping tenants deal with their rights and responsibilities under the Renters' Rights Act 2025 effectively.