Landlord vs tenant responsibilities

Below is an overview of landlord vs. tenant responsibilities. For detailed advice please contact the Maintenance and Minor Works team, email buildingmaintenance.enquiries@kent.gov.uk

KCC's Corporate and Statutory Responsibilities

• input to asset management plans
• condition survey of buildings
• delivery of approved programmes of capital building and building maintenance works
• five yearly electrical inspection and testing of premises
• annual electrical testing of kitchens
• inspection and testing of fire alarm systems
• regular inspection of lifts
• routine inspection and testing of emergency lighting.
• annual inspection of fixed gas heating appliances and fan convectors
• emergency service where there is a major fire or flood, including arrangement of first aid measures, damage and insurance assessments, claims and valuations
• inspection and servicing of oil boilers

Schools' Corporate & Statutory Responsibilities

In order to meet statutory regulations you must seek appropriate professional property advice on all statutory requirements.

When undertaking alterations or building new buildings:

• seek landlord's consent
• meet all statutory requirements (i.e. planning regulations, Health & Safety Regulations, Disability Discrimination Act (DDA), ecological legislation)

When undertaking building maintenance:

• comply with all building maintenance statutory liabilities (i.e. Asbestos, Glazing and Gas Regulations, etc.)

When appointing professional advisors:

• ensure that minimum levels of indemnity insurance are in place

When using building contractors:

• appoint building contractors in accordance with KCC standing orders
• ensure that minimum levels of insurance and tax certification are in place
• ensure compliance with all health and safety regulations
• ensure that appropriate forms of contract are used

When acquiring a new property:

• do not enter into a legal commitment for property (or one which could be seen to bind KCC) without obtaining necessary approvals

When occupying and using property:

• inform the Director of Property of any proposals to modify/extend the building
• inform the Director of Property of any proposals relating to a change of use to the building
• carry out essential building repairs to meet health and safety requirements
• do not rent out any accommodation to a third party without prior approval from the Director of Property

When purchasing property services:

• adhere to KCC's Code of Practice for tenders and contracts

When disposing of property:

• notify the Director of Property of any vacant, unused, underused or likely surplus property

Any breach of the terms of occupation may result in disciplinary action and/or legal penalties, both criminal and civil, for the individual. KCC is contractually bound where properties it holds are on lease.

Breaches of obligations may result in financial loss and other penalties. Any breach of legislation may result in penalties both criminal and civil for the individual. Non compliance may result in penalties both criminal and civil for the individual. Failure to comply may result in disciplinary action by chief officers, be illegal resulting in fines and bring KCC into disrepute.