Is a Landlord liable to do this?

charlie792

Bit of an odd question but today both my landlord and the landlord for next doors house have both been round and came to clear the snow off of our back and front paths....just seems a bit wierd. I certainly haven't asked mine to come round to do this, infact I quiet liked the snow out there..... Just wondering if we had an accident on it or something whether they were responsible as Id always have assumed it would have been our own responsibility

Cannon_Fodder

Very weird.

Anecdotally, I thought if you touch snow and do a poor job, you create a liability, whereas if you leave it alone there is none - Act of God or whatever.

Heard a snippet about the PM wanting to enable volunteers to help with snow, without creating a liability for themselves, but doubt that's passed through Parliament, yet.

Doozergirl

There was someone on BBC Breakfast the other day saying it's complete tosh that you become liable for injury if you clear snow on public highway yourself.

This says that as a landowner you should clear it because you're potential liable if you don't, which suggests that your landlord is perhaps right to clear it.
http://property.timesonline.co.uk/tol/life_and_style/property/article3205122.ece

sharpee

What a lovely thing for the Landlords to do! See not all Landlords are ogres as we're made out to be, nice to hear something nice for a change

charlie792

sharpee wrote: »

What a lovely thing for the Landlords to do! See not all Landlords are ogres as we're made out to be, nice to hear something nice for a change

Yeah my landlord is pretty good, get on to the phone to the agents and he'll be round to fix whatever the problem is

I could kind of understand the landlord next door coming round as his two tenants are elderly (although he wasn't exactly young himself) but certainly was a bit of a surprise for mine to come over, Im certainly able to do it myself - which I might have done if I owned a shovel haha,

Was actually a bit amusing the Landlord for next door - Ive never met him before but we got talking and he said if ever I want to move I should give him a call and I can move next door, or to his other flat 2 doors down the other side haha...

Cannon_Fodder

Not entirely sure the new "Snow Code" changes very much...

"If you clear snow and ice yourself, be careful - don’t make the pathways more dangerous by causing them to refreeze"

If you shift 6 inches of snow - which is pretty safe to walk on when fresh - leaving a thin film of snowy slush, then overnight it turns to ice - unless you have tonnes of sand or salt available - and becomes ten times more dangerous than the fresh snow...



http://www.direct.gov.uk/en/nl1/newsroom/dg_191868

Clearing snow and ice from pavements yourself


There's no law stopping you from clearing snow and ice on the pavement outside your home or from public spaces. It's unlikely you'll be sued or held legally responsible for any injuries on the path if you have cleared it carefully. Follow the snow code when clearing snow and ice safely.
The snow code - tips on clearing snow and ice from pavements or public spaces

Prevent slips


Pay extra attention to clear snow and ice from steps and steep pathways - you might need to use more salt on these areas.


If you clear snow and ice yourself, be careful - don’t make the pathways more dangerous by causing them to refreeze. But don’t be put off clearing paths because you’re afraid someone will get injured.
Remember, people walking on snow and ice have responsibility to be careful themselves. Follow the advice below to make sure you clear the pathway safely and effectively.
Clear the snow or ice early in the day


It’s easier to move fresh, loose snow rather than hard snow that has packed together from people walking on it. So if possible, start removing the snow and ice in the morning. If you remove the top layer of snow in the morning, any sunshine during the day will help melt any ice beneath. You can then cover the path with salt before nightfall to stop it refreezing overnight.
Use salt or sand - not water

If you use water to melt the snow, it may refreeze and turn to black ice. Black ice increases the risk of injuries as it is invisible and very slippery. You can prevent black ice by spreading some salt on the area you have cleared. You can use ordinary table or dishwasher salt - a tablespoon for each square metre you clear should work. Don’t use the salt found in salting bins - this will be needed to keep the roads clear.
Be careful not to spread salt on plants or grass as it may cause them damage.
If you don’t have enough salt, you can also use sand or ash. These won’t stop the path icing over as well as salt, but will provide good grip under foot.
Take care where you move the snow

When you’re shovelling snow, take care where you put it so it doesn’t block people’s paths or drains. Make sure you make a path down the middle of the area to be cleared first, so you have a clear surface to walk on. Then shovel the snow from the centre of the path to the sides.
Offer to clear your neighbours’ paths

If your neighbour will have difficulty getting in and out of their home, offer to clear snow and ice around their property as well. Check that any elderly or disabled neighbours are alright in the cold weather. If you’re worried about them, contact your local council.

Wings

It is what i do every winter at my tenanted properties. Landlords like any other business are subjected to Health & Safety legislations, and if they see an issue that might create an accident, then they are required to either issue a warning to tenants or to remove the risk/s.

Oddly enough i spent part of yesterday clearing paths inside the grounds of some flats then continued to the public footpath, only for one of my tenants, to wipe the snow from the top of his car on to the now cleared footpath.

Meatballs

Honestly I cant see any LL being responsible to their tenants for obvious snow lying around. Sounds like they've been to too many H&S seminars at work. The direct gov website again is another sad !!!-covering exercise 'you are unlikely to be sued' etc...

Maybe if there was a particular recurring problem with the property, my previous property had some steep front steps would regularly ice over with clear ice which would be extremely hazardous if I wasn't aware, and still required holding on to the railing to get up them when you did know.

Maybe for tenants who are elderly or disabled then I guess there might be some argument for a duty of care although I doubt it.