Damp - whos responsibility?

GrumpyFTB

I am due to move out of my rented property in a few days and I've noticed that there's damp in a fitted wardrobe in one of the bedrooms.
It looks as though it's caused by the guttering not being cleaned regularly. I mentioned to the LA on numerous occasions that they need the guttering done but the LL hasn't done it.
I paid once because it was particularly bad but haven't done it recently.
Am I likely to be held liable for the damp/lack of gutter care when it comes to getting my deposit back?

danlewi2

What does your tenancy agreement state regarding maintenance?

G_M

There is case law that suggests tenants are responsible for routine clearing of gutters. There is also case law (and possibly H&S regs) that says this is NOT a tenant's obligation.


Assuming the damp IS caused by the gutters (quite likely), then the scheme arbitrators are likely to blame the LL, especially if you can show paperwork proving you brought this to the LL's attention.


But it's not a 100% certainty......

GrumpyFTB

Thanks all. There's nothing mentioned in the tenancy with regards to maintenance other than about notifying the LA, which I did.
Is it worth me contacting the LA to say the gutters have caused damp? I fear this might just open a whole can of worms.

PasturesNew

I'd just bleach down the damp, make it so it's not noticeable ... and leave. You did your bit when you told them and when you paid to have it sorted out.

G_M

The case law is based on a tenant's duty to act 'in a tenant-like manner' which includes routine maintenance of the property. Irrelevant whether it's written into the agreement- it's Common Law.

GrumpyFTB

Thanks G_M and PasturesNew, very much appreciated.
I was tempted to paint over the damp, but a good scrub with a magic sponge will probably be fine.

ReadingTim

GrumpyFTB wrote: »

Thanks G_M and PasturesNew, very much appreciated.
I was tempted to paint over the damp, but a good scrub with a magic sponge will probably be fine.

Sounds like a good place to start - empty the wardrobe, scrub off any mould/stains with mild bleach and leave the doors open to air - if you've got a dehumidifier, run that, or get some of those disposable ones from Wilko or the pound shop. And if you do have a ladder, maybe try and clear the guttering too - won't do any harm re. deposit return...

G_M

Ah yes, it was my favourite judge, Lord Denning:

Lord Denning said: ‘The tenant must take proper care of the place. He must, if he is going away for the winter, turn off the water and empty the boiler. He must clean the chimneys, where necessary, and also the windows. He must mend the electric light when it fuses. He must unstop the sink when it is blocked by his waste. In short, he must do the little jobs about the place which a reasonable tenant would do. In addition, he must, of course, not damage the house, wilfully or negligently; and he must see his family and guests do not damage it: and if they do, he must repair it.’ and ‘if the house falls into disrepair through fair wear and tear or lapse of time, or for any reason not caused by him, the tenant is not liable to repair it.’

https://swarb.co.uk/warren-v-keen-ca-1954/

coffeehound

It would be dangerous to demand a tenant cleans out gutters, especially if the building is more than one storey. Even professional window cleaners aren't allowed to use ladders, so to request a rent-paying layperson to do it seems unreasonable. It's a property management task rather than domestic maintenance in my (non-expert) opinion.

G_M

coffeehound wrote: »

It would be dangerous to demand a tenant cleans out gutters, especially if the building is more than one storey. Even professional window cleaners aren't allowed to use ladders, so to request a rent-paying layperson to do it seems unreasonable. It's a property management task rather than domestic maintenance in my (non-expert) opinion.

Hence the ambiguous and varied case-law......

I sometimes wonder why B& Q still sell ladders, given that they are so dangerous to use.

If I fell off a ladder, could I sue B&Q for selling it to me?