Landlord's responsibility to provide tools?

piggeh

I currently houseshare with a couple of people and have done for the past year. When I moved in the garden was a bit overgrown and the front garden was full of rubbish (old metalwork, bicycles, etc). We signed a 6 month tenancy agreement that includes keeping the garden neat & tidy and LL eventually got rid of the crap in the front garden. However, the garden wasn't on the inventory so there is no record as to how overgrown it was at the time or what rubbish was in it. Since then we once managed to borrow the neighbour's gardening equipment and cut things down to size, but it's now overgrown again.

I asked my housemates if they'd be willing to put £20 each in and buy some stuff ourselves, but one of them refused and said it should be LL's responsibility. The AST has also now expired so we're on a rolling basis. I'd like to get it sorted once and for all as it's becoming a greater eyesore and not nice for the neighbours. So a couple of questions:

1)Is the LL responsible for providing tools? There isnt anything in the AST we signed about us providing tools.
2)As AST has expired does it revert to a standard agreement or would terms of original be in effect?

I'm a bit worried about the guttering as well - I'm not for the life of me getting up a ladder to clear it, but I see it somehow sneaked into the original AST. I'd imagine a standard AST wouldnt have it in there, hence the question about that. Again it wasnt on the inventory and I moved in during the summer so no idea what it was like back then (probably already blocked given state of the house generally!).

Blacksheep1979

It's your responsibility to keep the inside of the property clean - did you/would you buy a mop?

piggeh

Blacksheep1979 wrote: »

It's your responsibility to keep the inside of the property clean - did you/would you buy a mop?

A mop is a consumable.

I googled this topic and general advice to LL was to provide the tools - It's a bit more expensive than a mop to be fair.

tbs624

In the same way that some LLs provide a vacuum cleaner, but not other items for cleaning, many LLs do supply a lawn mower (& are then responsible for getting it tested for safety) but if you as a T take on a property with a garden then IMO you should expect to provide your own basic tools garden fork/spade/brush. Argos, Wilko etc sell reasonably priced ones (see here for an example) or you could probably get stuff from your local Freecycle group.

That said, if the LL wants to make deductions from your tenancy deposit he needs to be able to prove the condition at the start of the tenancy.

LL has " to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes)" - s11 of the LL & T Act 1985. If the gutters were blocked at the start of the tenancy then it's not down to the T to clear them.

The OFT suggests that tenancy agreements should contain a clause which simply states

" The tenant agrees not to cause blockage to the drains and pipes gutters and channels in or about the property"

I'd prefer that a T reported a gutter blockage rather than let rainwater overflow down the walls of the property, potentially creating damp issues and would get someone to see to it as part of the property maintenance, if it were just down to leaves etc ( which after all can be avoided by use of fairly cheap mesh gutter guards. If, however, the T had been partying and lobbing sundry items from an attic window which caused a blockage then it would clearly be the Ts responsibility.

LL or T could just pay a local "man who can" ( some window cleaners will do it) rather than scramble up ladders themselves.

piggeh

tbs624 wrote: »

In the same way that some LLs provide a vacuum cleaner, but not other items for cleaning, many LLs do supply a lawn mower (& are then responsible for getting it tested for safety) but if you as a T take on a property with a garden then IMO you should expect to provide your own basic tools garden fork/spade/brush. Argos, Wilko etc sell reasonably priced ones (see here for an example) or you could probably get stuff from your local Freecycle group.

That said, if the LL wants to make deductions from your tenancy deposit he needs to be able to prove the condition at the start of the tenancy.

LL has " to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes)" - s11 of the LL & T Act 1985. If the gutters were blocked at the start of the tenancy then it's not down to the T to clear them.

The OFT suggests that tenancy agreements should contain a clause which simply states

" The tenant agrees not to cause blockage to the drains and pipes gutters and channels in or about the property"

I'd prefer that a T reported a gutter blockage rather than let rainwater overflow down the walls of the property, potentially creating damp issues and would get someone to see to it as part of the property maintenance, if it were just down to leaves etc ( which after all can be avoided by use of fairly cheap mesh gutter guards. If, however, the T had been partying and lobbing sundry items from an attic window which caused a blockage then it would clearly be the Ts responsibility.

LL or T could just pay a local "man who can" ( some window cleaners will do it) rather than scramble up ladders themselves.

Thanks for the reply. I did buy a trowel thing, for weeding, and a rake, but housemate wasn't budging on splitting cost of a mower. Seems that maybe general advice is for LLs to provide one but no legal obligation? I will look on freecycle, but otherwise not sure how to approach it as can't see either budging unless there's a legal argument! I may just remove my TV from the lounge until we agree to split the cost of a poxy mower.

We live by some trees - big trees (hence the subsidence we have!), so it's got a lot of leaves in there. Will let the LL know about risk of damp and see what he says.

olly300

piggeh wrote: »

Thanks for the reply. I did buy a trowel thing, for weeding, and a rake, but housemate wasn't budging on splitting cost of a mower.

If you are planning on doing the garden now just so you can get your tenancy agreement extended then hire a petrol lawn strimmer and petrol mower over the weekend.

The grass won't grow very much from now on as the weather cools down.

Plus you won't have to store it, find it doesn't work next Spring and risk one of your house mates cutting the cord whilst mowing.

Edited to say: With very long grass you need to strimmer it first before mowing it - but you know that.

piggeh

olly300 wrote: »

If you are planning on doing the garden now just so you can get your tenancy agreement extended then hire a petrol lawn strimmer and petrol mower over the weekend.

The grass won't grow very much from now on as the weather cools down.

Plus you won't have to store it, find it doesn't work next Spring and risk one of your house mates cutting the cord whilst mowing.

Edited to say: With very long grass you need to strimmer it first before mowing it - but you know that.

TBH it's not really about extending the lease agreement (quite happy to be on a rolling basis given the notice periods, plus then if I really get fed up I can move out in a month! lol), I only mention it expiring as I wonder if legal obligations are different. I just want to sort out the best way to get a mower supplied! I don't mind paying my fair share, so either need to get housemate to stop being a tight git or LL being a tight git. Plus like you point out it's not just cost of a mower, but also cost of a strimmer! Hiring seemed to be more expensive than buying cheap electrical versions. Either way it's money I'm not going to shell out by myself, have already brought various bits (microwave, TV, rake, bathroom mats, etc etc) and fed up of others not paying towards them.

Nixer

Would your housemates consider going halves on a gardener to do the mowing? Probably cheaper than buying a mower as you'd probably only need him/her when the grass is growing. It depends, if it's a smallish not very gnarly lawn you might get away with an electric mower or even a hand one but I think petrol ones are better for the average to large lawn.

G_M

1) If garden tools are not listed on the inventory then the LL does not need to provide. Is there a vacuum cleaner? A washing machine? A lawn mower? Fairy liquid? Weedkiller?
If they are on the inventory they must be provided. If not.....

2) When you AST fixed term expires, if no new fixed term AST is signed then it automatically becomes a periodic AST. The terms are exactly the same as before apart form how/when it ends. It ends when the tenant gives 1 months notice or the LL gives 2 months, in both cases notice to coincide with the rental period (ie depending when you give notice it might need up to 7 weeks or so.

There are lots of 'recomendations/advice' regarding how LLs conduct their business. Some are wise, some not. Some LLs follow them, some don't. But 'recommendations' are not obligatory.

kmmr

piggeh wrote: »

I don't mind paying my fair share, so either need to get housemate to stop being a tight git or LL being a tight git. Plus like you point out it's not just cost of a mower, but also cost of a strimmer! Hiring seemed to be more expensive than buying cheap electrical versions. Either way it's money I'm not going to shell out by myself, have already brought various bits (microwave, TV, rake, bathroom mats, etc etc) and fed up of others not paying towards them.

Many are the reasons that I love not housesharing anymore!

piggeh

OK, thank you for the replies, helps a lot.