Landlord responsibilities post break in?

Thank you for pointing out my misinterpretation of LA, I was recently in a conversation where it was being used for Letting Agent!

I do hope that the landlord and agent get their fingers out, it's unfortunate that neither seems to want to fulfil their responsibilities.

Regardless of everything else, as parents why are they leaving dangerous glass to fall out of a door, if the child gets hurt surely that would be their fault. It's very easy to always blame the LL, they chose to go away knowing the back fence was still missing.

No time to read all this but everyone does know that fences are not Landlord repairing obligation in s11 of 1985 Act do they?

Fences are not part of the property, the building and structure and services LL is responsible for.

Just thought I'd mention that.

In terms of all the damage to the property LL has clear liability.

So no one has a legal responsiblity to fix the fence, unless the landlord included it in the inventory where there may be an 'implied obligation' to repair it. Poor fence.

The patio doors would I presume fall under the landlords obligations to "use all reasonable effort to arrange for any damage caused by an insured risk to be remedied as soon as is practicable". I've no idea what the legal interpretation of a repair is, but would imagine it is more than a 'boarding up' job. And getting agreement from the insurers to get things fixed shouldn't take more than a day or two.

Reply to the comment left by "Industry Observer " at "18/03/2014 - 11:53":

You're right, there is no mention of repairing fences in s11:

http://www.legislation.gov.uk/ukpga/1985/70/section/11

In fact, there is no mention of fences at all!

I would be concerned that that was as a result of oversight rather than deliberate omission. However, I am very far from an expert on the detail of the law here.

As a landlord however, I would consider it part of my responsibility to have the fence repaired - primarily in my own interest.

Even if the fence was included in the inventory, the landlord would have no obligation to repair the fence.
An inventory just lists what was there at the beginning of the tenancy.

The starting point is that there is no implied repairing obligation in a lease. s.11 creates explicit obligations for the important repairs.
What is not included in s.11 is obviously not an oversight, it is the way it is.

Patio doors fall within s.11 obligations.

Reply to the comment left by "Romain " at "18/03/2014 - 18:39":

Fair point, but regardless of any legal requirement what if it was a brick wall as opposed to a fence and due to age/poor maintenance the wind blew it down onto a young child and killed the child - who would the parents sue?? Not the tenant, who has only occupied the property for the last six month, that's for sure. Any legal argument would surely be that the property owner is responsible for all that they own and should have maintained the wall accordingly. The same argument could surely be used for a fence that blew down and injured someone if the posts were rotten - and I'm prepared to bet they were.

What if the tenant removed the fence and started allowing travellers to park on the back lawn?

What if the tenant decided to use the fence as free firewood for the BBQ? If it's not on the inventory then you can't insist it is replaced or use the deposit to replace it.

As a sensible and experienced landlord I always include the fencing, boundary walls etc., as my responsibility, taking photos at the time of letting to show the condition and maintain them accordingly and promptly. I consider it would be rather stupid on me not to do so for a number of reasons as well as the above.

R

r01

By all means accept responsibility, and go round and run them a bath, cook them a meal (once had a dispossessed tenant do this in a flat they were removing effects from!!) or deal with flying ants on the lawn.

What we are dealing with here is the LAW and what it IMPOSES on a tenant and Landlord as opposed to what they might voluntarily mutually agree contractually - as long as not in conflict with statute.

I agree and I'd pay the repair first time at least, but the issues and situations you describe while harch (which make bad law) are all covered eleswhere in other Statute and Regs - wilful damage, lack of H&S (remember HHSRS will look externally as well as internally).

You do know you cannot claim storm damage on insurance to repair fences alone I assume? Only if main structure or garage damaged and claimed for at same incident.

Reply to the comment left by "r01 " at "19/03/2014 - 09:15":

True. However, ensuring that a wall, fence, etc. is safe is not the same as repairing it.

I did not mean that fence should not be on inventory, but rather that the inventory does not imply what the landlord must repair.

There are things that a sensible landlord should do, but if he refuses to do them and he is not legally obliged to then there is not much the tenant can do apart from considering moving.

Oh yes it is Romain - you'd leave a tenant's kids playing in the garden when they have reported a dangerous tree.fence/wall to you would you?

Like to see your defence when the H&SE come calling to prosecute you!!!