Excluding responsibility of repair for part of the property

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    Excluding responsibility of repair for part of the property

    My property has just become vacant and I will be renting it out soon. There is a small toilet in and a shed in the back garden.

    Is it possible to let the property and in the tenancy agreement put a clause that landlord will not be responsible for maintenance of the toilet and the shed.

    The property has a proper toilet/bath upstairs.

    Or would putting a padlock on the toilet exclude it from the rented premises?

    #2
    If the toilet is included in the tenancy you will be responsible for it. Simply putting a padlock on it will not be enough. You need to state in the agreement that it is excluded and that the tenant has no right to use it. It is doubtful whether the repairing obligations imposed on a landlord by statute extend to garden sheds, but whilst you are excluding the toilet you may as well exclude the shed. If the shed is in serious need of repair you should consider taking it down in case it collapses causing injury.

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      #3
      Originally posted by Lawcruncher View Post
      If the toilet is included in the tenancy you will be responsible for it. Simply putting a padlock on it will not be enough. You need to state in the agreement that it is excluded and that the tenant has no right to use it. It is doubtful whether the repairing obligations imposed on a landlord by statute extend to garden sheds, it doesn't but whilst you are excluding the toilet you may as well exclude the shed. If the shed is in serious need of repair you should consider taking it down in case it collapses causing injury.
      Walls, fences etc do not form part of the landlord's statutory repair obligations, only the main premises.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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