Conservatory/patio roof maintenance

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  • jpkeates
    replied
    That article is a load of cr@p.

    There's possibly a debate about the Denning text and it's possibly overdue another test case.
    But that article is just page filler.

    If it's made explicit in the tenancy agreement that does remove any confusion.
    The tenant is agreeing to be responsible = and, as per Mr Dodd, they don't have to do it themselves.

    Generally, there are things the tenant is generally responsible for - like cleaning the windows and replacing light bulbs.
    Both might be dangerous and require the use of ladders.
    But the tenant can get someone else to do it if they can't do it themselves.

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  • AndrewDod
    replied
    The gutter article you refer to seems nonsense to me. The fact that a job is dangerous (lawnmowing is dangerous) has nothing to do one way or the other with responsibility for doing OR DELEGATING it. The default position is that the tenant keeps leaves out of the gutters (and if they block, makes good any resulting damage).

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  • cuttingman
    replied
    I have a follow up question as I too have a conservatory. If leaves clog up the gutters should the tenant be clearing it out or during an inspection I should check and clear it out as the landlord? And the gutters on the roof of a house? So I should add to the tenancy agreement that gutters should be inspected and cleaned on a regular basis.

    https://www.landlordnews.co.uk/who-i...aring-gutters/ Article suggests landlord responsibility.

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  • Hudson01
    replied
    Originally posted by leafytree2020 View Post
    I don't think it would be safe to do it myself, as access is awkward and needs to be done from a tall ladder.
    It is this that i first thought of, i had a conservatory and the roof by definition got very dirty and it was not an easy ob to clean it, it all depends on how it is supported in terms of roof bars etc as to the weight you can put on it for cleaning. In the end i got rid of it for all manner of reasons but one big advantage was the need NOT to worry about cleaning it, i would think it is the landlords responsibility to clean it every couple of years or so, it is certainly not in the same category as cleaning windows etc, much more dangerous than that.

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  • leafytree2020
    replied
    Thanks for your replies.

    No mention of it tenancy agreement, and it wasn't recorded in the agency's inventory, although I did add my own notes and photographs of the condition at the time of moving in. I guess it means that I keep it relatively clean for my own purposes while living here and as long as it's still ok when we leave no need to arrange professional clean again. I think it's one of those things that had it been professionally cleaned when we started our tenancy, I would be more inclined to keep it up, but that was not the case.

    I don't think it would be safe to do it myself, as access is awkward and needs to be done from a tall ladder.

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  • AndrewDod
    replied
    As above.
    Cleaning = your responsibility
    Maintenance is your responsibility if you break it
    Otherwise required maintenance is the landlords responsibility if that work actually needs doing

    Unless your contract says otherwise

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  • MdeB
    replied
    Originally posted by leafytree2020 View Post
    Whose responsibility, out of the landlord or ourselves, is it to clean and maintain the patio roof?
    Cleaning is a "prettiness" issue imo.
    So if you want it looking nice, then that makes it your responsibility.

    Maintenance (e.g. repainting to prevent deterioration, repairing damage not caused by tenant where the repair is necessary) I would say is LL responsibility.

    Example of necessary repair: the structure is rotted or rusted and in danger of collapse.

    Example of unnecessary repair: double skinned perspex roofing sheets where outer skin is damaged allowing rain in to the gap but inner skin is undamaged.

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  • jpkeates
    replied
    Unless the tenancy agreement covers it (which presumably it doesn't) the basic rule is that the landlord is responsible for the fabric of the building and the tenant responsible for the routine maintenance.

    Lord Denning in Warren v Keen is usually seen as the best summary.
    ‘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.’

    So I'd suggest that the patio roof is similar to the gutters and chimneys.
    But there's no absolute black and white "rule" and that's my personal view which isn't worth more or less than anyone else's

    The best solution would be for the landlord to make it clear in the tenancy agreement, particularly if the job requires specialist equipment or might be risky for the tenant to do it themselves.

    Leave a comment:


  • leafytree2020
    started a topic Conservatory/patio roof maintenance

    Conservatory/patio roof maintenance

    Hi, I am looking for some advice as a tenant.

    I live in a flat in a converted Victorian house in England. I've been living here for more than two years, and have a rolling tenancy (initial fixed term was 12 months). The property has an adjoining patio with perspex roof which is for our sole use.

    Whose responsibility, out of the landlord or ourselves, is it to clean and maintain the patio roof? It was not especially clean when we first moved in, and after two years in a right state so I arranged and paid a professional to clean it. However, as a matter of principle, should it be the landlord's responsibility as it's part of the external building/roof, or is it ours as tenants, similar to keeping the windows clean?

    I'm keen to hear opinions, as I cannot find any clear information either way.

    Thank you

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