2. I am a tenant of a residential property. I tried to lock the door of the property. However, I found that the door cannot be closed properly (e.g. a gap of about 2cm) upon the collection of keys from the estate agent. Given that I have already signed the formal tenancy agreement and I am preparing to move in, is it reasonable for me to request the landlord to repair it? In contrast, the landlord wanted to amend the agreement to include a new clause requiring us to acknowledge this defect with a photo. Is it lawful?
Whether the landlord is an obligation to carry out repairs depends primarily on the terms of the tenancy agreement. Some tenancy agreements may state that the tenant is solely responsible for the repair of doors, windows, etc. during the continuance of the tenancy.
If the defect is not substantial enough to affect the normal use and enjoyment of the flat, it is rather unlikely that the tenant could terminate the tenancy agreement on such ground.
On the other hand, assuming that the parties have already entered into a legally binding tenancy agreement, in principle, the tenant is not obliged to agree to an addition or amendment of the terms of the tenancy agreement.
Pragmatically, when faced with the above situation, the tenant should inform and liaise with the landlord and endeavour to solve the problem amicably.
It is advisable for a prospective tenant to arrange for an inspection of the subject property in the presence of the estate agent before committing to a tenancy agreement. If any noticeable defect is detected at the commencement of the tenancy, it should be documented properly to avoid potential dispute between the parties in the future.
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