Letting a house with a garden pond but T has children

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Letting a house with a garden pond but T has children

    Hi there,

    Have rented the property for previous tenancies however, none have had children.

    The new tenants do have 2 young children and are happy that the pond is not covered. If anything were to happen to the children, is it possible that the tenant could take the landlord to court?

    Not a nice question to have to ask but an important one.

    Thanks

    #2
    One cannot exclude liability for personal injury or death. As long as L has warned T (preferably in writing- in the Letting Agreement is best) that the onus is placed on T to take all appropriate safety measures to protect their children, L can do no more (except make bloomin' sure that L has full insurance cover for such liability, just in case).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Originally posted by vanandmatt View Post
      Hi there,

      Have rented the property for previous tenancies however, none have had children.

      The new tenants do have 2 young children and are happy that the pond is not covered. If anything were to happen to the children, is it possible that the tenant could take the landlord to court?

      Not a nice question to have to ask but an important one.

      Thanks
      An interesting one. Common sense would suggest that, electrical and gas safety and other staututory obligations aside, it is the parents, not you, who are responsible for their children's safety in their home. For example, if there are stairs and the children are at an age where they might fall down them, it would be up to the parents, not you, to provide and fix a safety gate.

      However, although I agree in principle with what Jeffrey says above, I would personally not get much sleep, however much insurance I had taken out, unless I had either emptied the pond, supplied a cover for it, or covered it with netting so that a child could not fall in it and drown.

      (But then, I am a bit neurotic and this may be an overreaction after years of having to fill in 18-page Risk Assessments ever time a child wants to sneeze on school premises...)
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        I cannot see any difference between letting to someone with small children and letting to someone without small children, since it is reasonably foreseeable that someone without small children may invite them. If you are going to worry about this at all, you should worry about it whenever you let!

        So long as the swimming pool meets such safety requirements as there may be, I cannot see how you can be responsible for any accidents. If the safety requirements are not met, then there is no way you can exclude liability.

        Appropriate insurance has to be taken out because even if you are not liable, that may not stop the tenant suing. The insurers should be made aware that there is a swimming pool to stop them denying that you have cover.

        Comment


          #5
          True, but it's a garden pond (not a swimming pool as such).
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Put a fence round the kids...

            Cheers!

            Lodger
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Originally posted by theartfullodger View Post
              Put a fence round the kids...

              Cheers!

              Lodger
              Inside the house, it is actually more fun for the parents to sit inside the playpen and read the Sunday papers while the children (who hate being put in a playpen) have the run of the house. Win-win situation!

              Pond : re-home any wildlife (I mean frogs and suchlike, not children) and turn it into a sandpit for the duration of the tenancy.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                Put a stumped sign into the ground by the pond stating:

                "Pond - beware of deep water, parents must not let children play nearby unsupervised".

                Also, you could draw the danger of the pond to the attention of the T parents in the check in inventor, which T should then sign.

                Comment


                  #9
                  On move in day, push the kids into the pond (whilst you are there to supervise no drowning issues) then as you help them out make them very aware that if they should ever venture near it again the boogie man will come and get them


                  On a more serious note ...just fill it with pirhanhas ..no will ever know that anyone did fall into the pond.
                  A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                  W.Churchill

                  Comment


                    #10
                    Rodent, have you never tried concrete?
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                    Comment


                      #11
                      Originally posted by mind the gap View Post
                      Rodent, have you never tried concrete?
                      Only when assisting T to put their wellies on
                      A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                      W.Churchill

                      Comment


                        #12
                        For the record: I would most certainly fill it in !
                        A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                        W.Churchill

                        Comment


                          #13
                          Originally posted by Rodent1 View Post
                          For the record: I would most certainly fill it in !
                          OP's pond, or your mouth?
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                          Comment


                            #14
                            Originally posted by mind the gap View Post
                            OP's pond, or your mouth?

                            Lawcruncher's swimming pool !




                            ..................tab.... here we come !
                            A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                            W.Churchill

                            Comment

                            Latest Activity

                            Collapse

                            Working...
                            X