I need some help. I’ve been in this properly nearly 4 years and the gutters have never been cleared. The trees outside my property are quite new and autumn gone has shed a load of leaves which I think is blocking the gutters on one side of the property resulting in a slight damp patch in the corner of one room. I reslached out to letting agents who said is my responsibility if I’ve been negligent or andmisus.
My agreement says the following.
To clear any stoppages or blockages when any occur in any of the drains, gutters, downpipes, sinks, toilets or waste pipes and ventilation ducts which serve the Premises, if they are caused as a result of the Tenant‘s negligence and/or misuse.
Not sure if I’m reading this right. Can someone advice if I’m responsible as I’ve notified the agents that I am not responsible.
Reading it as you have written it then I would say no however a couple of things
1 you say the trees are quite new- who planted them if it was you could they deem it to be your fault?
2 although it MAY NOT be your responsibility all the while you are in dispute with Letting Agents the damp could be getting bigger- would it be worth sorting the problem yourself and keeping any invoices/reciepts and disputing then rather than letting it get worse in in your interest as much as theirs to get it sorted
Its a bit of a grey area as to whether the tenant is responsible for routine maintenance of the gutters, which essentially means clearing them of leaves and debris. Ive seen it argued both ways. If your landlord considered that you are responsible for this work, then he would claim that any resultant blockage was as a result of your negligence. I would wait and see how the agent responds and take it from there.
I’d say yes. It would be negligent not to clean the gutters and could lead to all sorts of issues for damp penetration to the property. That issue you’ve noticed could be the start of something much bigger for which you would be liable also and involve some replastering and redecorating. I’d get those gutters cleared now and then stick a calendar appointment in for this time next year to get it done annually.
I have a clause in the one property that suffers from lots of leaf fall that explicitly makes this the T’s responsibility to avoid this kind of ambiguity.
Basically, any routine maintenance of this sort is the responsibiliy of the T. Non routine stuff (e.g. chimney stack needing repointing to prevent damp) is LL’s.
If you’re a tenant, absolutely because if not, you are likely to not only be seriously out of pocket, you might also be out of a home.
If you’re a LL, I’d say it’s better to make it clear in the TA, at check in, in the house manual and during inspections. Works for me for the one property I have where this is an issue.
Thanks. I’m a tenant. I was just back from 2 weeks away and just noticed the patch in the corner so. It sure how long it’s been like that. The trees are on the road so I did. Ot plant them. I’ll just wait and see what the agents say.
I tend to think that the tenant is responsible for the maintenance that they can easily be expected to do themselves, and this extends to the garden. When you get into the territory of needing a contractor to perform the maintenance, I’d say that falls to the landlord. So for example:
Tenant responsibilities: cleaning, changing lightbulbs, weeding/cutting grass.
Landlord responsibilities: redecorating, repairing lamp holders, pruning trees.
I state in my ast that tenants are responsible for ground floor gutters (as on a bungalow or SS extension) and LL. for gutters above that height.
Whatever advise agent formally with photos and pleasantly request they are cleared asap as you believd damp is penetrating. If they do nothing the council env health will give the LL a kick up the backside
My contract has the tenant responsible for drains and window cleaning ( the latter is never done).
They don’t clean their oven for crying out loud ….
The drains because it’s their detritus that blocks it in the first place …
I would not leave a tenant to do gutter cleaning
They won’t get it done . They don’t have ladders and those guys are not cheap.
I get that done once a year or every two years myself or I get a guy out
Under statute it’s the landlord’s responsibility.
TBH most of my tenants are students so I think it’s laughable to ask them to do it . They don’t put their bins out ….
I’m with Colin on this
Sometimes landlords here astound me, should I clean the gutters? Should I replace the toilet seat? and so on . . It is not mega bucks to keep our tenants happy.
I agree. I asked the agents for proof when the gutters were cleared before I was a tenant and I’m still waiting. So I’m gonna play hardball and if the property gets damaged then that’s up to them to sort it. I pay for gardeners and window cleaners and had to buy a carpet cleaner as the place was infested with carpet beetles. I’ve touched up the flat with paint from the previous tenant and do so much to keep the place in tip top condition. I’m leaving at the end of my tenancy as I’ve outgrown the flat and looks like I will be moving on so at this point Im done. Thanks to all.
I clean myself. I have carpets professionally cleaned and get windows done professionally when tenants arrive. The inventory is a 100 pages long with over 200 photographs.
Some stuff is common sense. You should expect a clean house. I’ve just moved a girl in and I’m behind but have told her I am coming back to finish a snag list. It’s habitable but it’s not to the standard I would like.
One is there to provide a service and she paid rent for that. It happens sometimes.
I get vexed when tenants call me for nonsense ( heating bill too high . Well wear appropriate attire for the weather ( shorts and t shirt when it’s -4C, turn the heating down by a degree etc) Some tenants lack common sense and I just think WTH. How did you get a degree.
Some are stupid and rude. I still provide a service but they get no sympathy and they get rent increases because they are wasting my time.
Common sense appears to be a rare commodity replaced with ill mannered entitled behaviour
This can be a grey area - but to clarify who is responsible normally you would
Landlords and Tenants should make sure they understand their contract.
In properties with a rapid turnover of tenants or shared properties usually a landlord will take responsibility for more external maintenance - and this should be be reflected in the contract.
In a home held longer than one year often external cleaning, garden maintenance , cleaning paths windows etc is the tenants responsibility - but sometimes it is not.
Tenant often has a responsibility for window cleaning - and usually the tenants pay their own window cleaner . But the landlord will be responsible for maintaining the fabric frames Some landlords treat gutters in the same way. It is their job to repair them if the hardware fails - and the tenants responsibility to c clean them -
Often the level of rent agreed will reflect the level of service the landlord provides - and their is no one answer for every contract.
But sometimes contracts are not fully clear and there is some ambiguity. IN this case it often advantageous for the tenant and landlord to come to some compromise agreement before appealing to the courts or other authority for a judgement.
In this case as a tenant you would be relying on the quotation above from the TENANTS responsibilities section part of the contract. - and the fact it seems to be a conditional on the tenant having caused the problem.
But before appeal also check the landlords responsibilities section of the contract as that may specify further what the landlord does and does not accept responsibility for.
You may have a case here - but the law is not as clear in this area as it is on the landlords responsibility to for example maintain and service the boiler or the electrics.
So in the end it is probably worth you arguing your case that the contract is not watertight on this issue and if the - and maybe appealing directly to the landlord.
You might also consult an advise service - or environmental health but I can’t guarantee the outcome of this. - or how a court would rule if it came to that.
It is a grey area where lawyers can make money and landlords and tenants can lose it!
Its pretty clear to me as a LL. Gutters should not block if they are installed correctly. If they do because of trees as a landlord I would clear the gutters and then chop down the trees. Lol
Clause 9.13 of the OR AST says ‘Where readily accessible, and with due regard to personal safety, to keep the drains, gutters and pipes of the Premises free from obstruction and clear of any leaves or debris.’ There is no wording here on cause so in general if this is the AST in use, it is clear that it is a tenant’s responsibility. I’m assuming accessible means that the guttering can be safely reached using a ladder (possibly quite long), scaffold or platform. But could ‘readily’ imply with low levels of equipment, preparation and/or cost? A grey area indeed.
I’m a leaseholder and I clear my own gutters if needs be as I can easily access them and it is just more efficient (helps keep service charges down too). It is not my responsibility though as the roof and its associated structures are outside of my demise. I have neighbours who certainly cannot easily reach all their gutters as some are concealed behind parapet walls on the external facade of the building and 15m up. It would be wholly unreasonable for them to clear their gutters if they were renting the property with the above clause included.