Rental House - Guttering - Whose responsible?

StuieUK34

Afternoon all,
Just a query

I rent a house (detached)...
The guttering around the roof has filled up with moss, etc which would happen over time (years)...
I have rented the house for 10 months....

Moss bits/clumps keep falling to the ground, and when raining (which it does a lot!), the water tips over the side as such and noise wise, its loud with the drops!!

Anyway, the letting agent tells me i am responsible for the guttering of the house, and should the guttering collapse due to the weight of the moss, etc etc, then it is down to me to repair at my cost ?

Is that true, that if 5 or 6 years worth of moss build up is causing the guttering to be as nailed as it is, that after 10 months of rental, i am responsible for getting up there myself to clean it all out (lets say i was 85 years old for example), or responsible for paying a firm to clear the guttering ?

cheers in advance

BitterAndTwisted

What does your tenancy agreement have to say about you maintaining and repairing the landlord's property?

jjlandlord

I'm tempted to say that keeping the gutters unblocked is behaving in a "tenant-like manner" and thus the responsibility of the tenant unless specified otherwise in the tenancy agreement.

If you are responsible for something, it is irrelevant whether you do it yourself or hire someone to do it for you.

Should the guttering need repair it is the landlord's statutory responsibility to carry it out. But if repair is caused by what you did or did not do, then he'll be entitled to send you the bill.

StuieUK34

Cheers for response guys
On the note of maintaining the guttering, the build up has accumulated over the years, so given I've been here a short time, sounds a bit scary that I could be liable if it breaks due to weight...
Or cleaning the guttering....
Agreement doesn't mention maintaining the outside guttering or responsible for it?
Hmmmmmmmmm!

Bluebonnie

The tenancy agreement probably does not mention that you are responsible for replacing lightbulbs.

Nevertheless, tenant is responsible for behaving in a "tenant -like manner" which includes replacing lightbulbs, clearing gutters, sweeping paths etc etc. Everything that an owner occupier would do, apart from actual repairs.

How do you know that there is six years' worth of moss and leaves up there? Presumably because you've looked. Our gutters fill up quickly, and need clearing twice a year.

If you'd had a bucket with you when you inspected, you could probably have cleared it. If you don't fancy doing it yourself, you could probably pay someone (window cleaner?) to do it for you.

G_M

It's rare, but I disagree with the replies above.

As a LL I certainly would not expect a tenant to climb a ladder to roof height, or to employ a man to do so.

Gutter maintenance is not the same as replacing a light bulb!

I believe it falls under Landlord & Tenant Act 1985 :

there is implied a covenant by the lessor—
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

I agree this could apply soley to damage/repair, rather than cleaning, but as I know of noprecedent or court ruling I would err on the side of it applying to both.

The OP's point about the build-up of moss etc having ocurred over a longer period of time than the tenancy is another arguement in his favour.

My advice would be to write (letter, not text!) to the landlord at the address provided "for the serving of notices", a nice polite letter adising that his gutters are blocked -overflowing with what appears to be several years accumulated moss/leaves/dirt, and that you are concerned about his property since the overflow may cause damp, and the wieght may cause damage.

End with "Perhaps in view of this you might consider it wise to arrange for the gutters to be cleared. I would be happy to liaise with your workman for access if required".

Yorkie1

Well I rented for over 20 years and it was never in any of my tenancies!

There's no way I would have got someone in twice a year to maintain the structure of the house like that.

pmlindyloo

G_M wrote: »

It's rare, but I disagree with the replies above.

As a LL I certainly would not expect a tenant to climb a ladder to roof height, or to employ a man to do so.

Gutter maintenance is not the same as replacing a light bulb!

I believe it falls under Landlord & Tenant Act 1985 :


I agree this could apply soley to damage/repair, rather than cleaning, but as I know of noprecedent or court ruling I would err on the side of it applying to both.

The OP's point about the build-up of moss etc having ocurred over a longer period of time than the tenancy is another arguement in his favour.

My advice would be to write (letter, not text!) to the landlord at the address provided "for the serving of notices", a nice polite letter adising that his gutters are blocked -overflowing with what appears to be several years accumulated moss/leaves/dirt, and that you are concerned about his property since the overflow may cause damp, and the wieght may cause damage.

End with "Perhaps in view of this you might consider it wise to arrange for the gutters to be cleared. I would be happy to liaise with your workman for access if required".

Absolutely agree with this.

The same thing happened when I rented and the LL asked me to find someone to do it and send him the bill.

I wonder if the LA has even spoken to the LL!

jjlandlord

Many, many rented properties have gutters as described by OP as no-one bothers cleaning them.
IMO, he would have been better off not mentioning anything.

G_M wrote: »

I agree this could apply soley to damage/repair, rather than cleaning, but as I know of noprecedent or court ruling I would err on the side of it applying to both.

It's quite a stretch to consider that 'repair' includes 'cleaning'...
Especially that since this applies to the whole exterior of the house, it would also make the landlord responsible for cleaning the windows.

G_M

jjlandlord wrote: »

It's quite a stretch to consider that 'repair' includes 'cleaning'...
Especially that since this applies to the whole exterior of the house, it would also make the landlord responsible for cleaning the windows.

This is one which we could debate till the cows...

and I accept (as I said) that my premise is uncertain. But

a) the Act specifically lists gutters, drainpipes (but not windows!) and
b) "to keep in repair" could mean to keep in working order (ie not blocked).

But I certainly wouldn't stake my reputation,or money, on winning a case in court on this basis!

Incidentally, what would happen if a LL wrote to the tenant, instructing him to clear the blocked gutters or take responsibility for any subsequent damp/damage, the tenant got a ladder, fell off, and claimed for his injuries against the LL?

Again, no guarantee the tenant would win, but I would not want to be the LL who had to defend himself in court.....

jjlandlord

G_M wrote: »

a) the Act specifically lists gutters, drainpipes (but not windows!)

It states the exterior of the house, including gutters (for the avoidance of doubt I suppose).
This is the very part of the Act relied on to say that the landlord is responsible to repair doors, windows, etc. One cannot change what's par of the 'exterior and structure' depending on his interest!

G_M wrote: »

b) "to keep in repair" could mean to keep in working order (ie not blocked).

That's true.
However, considering that subsections (b) and (c) specifically state "in repair and proper working order" there's an argument that "in repair" alone does not include "unblocked".

G_M wrote: »

Incidentally, what would happen if a LL wrote to the tenant, instructing him to clear the blocked gutters or take responsibility for any subsequent damp/damage, the tenant got a ladder, fell off, and claimed for his injuries against the LL?

How could it be the landlord's fault if someone decided from his own free will to do something dangerous?
Would you sue your landlord if you were to electrocute yourself changing a lightbulb?