Hello, we have an elevated wooden structure (tree house but not on a tree). There is no clause in the tenancy agreement but should I write up an agreement that we as landlords hold no responsibility or liability for any accidents and ask the tenants to sign? Is this enough
Yes I would do that. Check first that it already is in good order.
Great thanks Colin. Appreciate your time
Seek out legal advice. Also speak with your insurance company. That clause should be written by a lawyer just to be safe.
Be aware that just because you have a contract does not mean it is legally upheld. That’s why you have to make sure it’s worded correctly.
There is potentially a risk you could face litigation from your tenant, your insurance company, neighbors (should it be knocked over and damage their property), and even visitors of the property (should someone else be injured).
A clause could well be fine and acceptable, but for something like that I would hire a professional to make sure it’s worded perfectly just to be safe. The last thing you need is a tenant throwing a birthday party (post covid of course) and a rowdy group of kids creating a giant legal mess for you.
I doubt that you can contract out of your legal responsibilities to ensure that everything you rent them is safe. I would just demolish it if I were you.