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Rental House - Guttering - Whose responsible?

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  • pararct
    pararct Posts: 777 Forumite
    Gutters are at height, it would normally be a professional undertaking to clean and clear them.
    In any event this landlord has not inspected if the build up has occurred to the levels described it would have been over a lengthy period of time.

    This clearly brings into question any liability for damage by the current tenant particularly if they have only been there for a few Months.

    It is unlikely any court would find a tenant at fault (and responsible to undertake and pay for repairs) in such circumstances.
  • StuieUK34
    StuieUK34 Posts: 2,109 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    hey all
    just to note, not got a problem doing it myself, etc etc...
    just more a case of knowing whats what :)

    As for moss build up with plant looking attributes, if that growth could occur in 10 months, i'd think i'd have a toxic roof!!! :D:D:D

    As for climbing ladders to clear the gutting of tree looking moss plants, i wasnt sure thats something i should be doing ? (if i were 85!!).

    Its more the estate agent (Peter Allen) who are a bunch of idiots, so just looking to know my rights, thats all....
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Well, as you can see, there are two views....!
  • pmlindyloo
    pmlindyloo Posts: 13,091 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 June 2012 at 9:52AM
    Just to throw in another view!

    If the guttering was the responsibility of the tenant then wouldn't the condition of the guttering be stated on the inventory and checked when the tenant left?

    As an analogy, tenants responsible for replacing light bulbs - usually 'presence of and working of' noted on inventory, similarly with clean windows (noted on inventory and checked on check out).

    How often do LLs charge for replacing light bulbs and cleaning windows and deduct from deposit? Quite often.

    So, my view is that if the cleaning of guttering was not on inventory and 'condition of' not noted then OP would not be responsible. This would seem to be the case particularly as the state of the guttering has seemed to have built up over the years.

    Hope you follow that!

    Another one for believing it is the LL's responsibility!
  • tbs624
    tbs624 Posts: 10,816 Forumite
    jjlandlord wrote: »
    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.
    If however the LL cannot clearly show that the guttering has been regularly cleaned out by either him/his trades or by previous Ts then he cannot lay full responsibility/costs on the current Ts

    Intelligent LLs arrange for gutter guards to be installed as part of routine maintenance and upkeep of the property.
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    I'd just ask the LA or LL to do a risk assessment before asking you to do it.

    If you've not been on a working at heights course then you probably shouldn't be climbing a ladder.
  • Yorkie1
    Yorkie1 Posts: 12,014 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    That, of course, presumes that the LL or LA know the first thing about conducting risk assessments! ;-)
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    If they try to charge you for repair if the gutters collapse due to weight, they have to prove it was you who caused it, by showing a signed inventory showing 'clean gutters' which I assume they did not as I can imagine them climbing up a ladder to indicate this to the tenant...
  • whalster
    whalster Posts: 397 Forumite
    I always clean the guttering on mine saves the facia boards which without a doubt are structure .Drains are a bug bare , it is for the tenant to unblock drains if they block them up , some people seem to think Huggies will go down the loo , also those loo seat wipes cause problems as don't degrade.The first time I tend to go do it myself for them ,if it happens again I get them to come outside and hold the bag for me while I fish out the offending items making sure they see plenty of floaters , appart from once this has always done the trick and on that once where they did it for a third time I told them to get someone out amd pay them . Itis always a difficult thing but such things as guttering drains wasps nests etc within reason should be classed as part of the service
  • Notmyrealname
    Notmyrealname Posts: 4,003 Forumite
    I have a window cleaner who does gutters for £20. Once every couple of years I get him to do the gutters on the property I rent out. Its tax deductible and not a massive expense.
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