Unsafe balcony - can I specify in contract to avoid?

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  • Unsafe balcony - can I specify in contract to avoid?

    Not sure where is the right place to post this question - please redirect me if I'm in the wrong place.

    We are thinking about renting out our flat, which is on the 3rd floor of a Victorian building and which has a small balcony. The balcony railing is unsafe - it is wooden, in poor condition, and also only about 50cm high. The balcony is accessible through a french door which is lockable.

    I'm not sure whether we will be able to mend/replace the existing railing (we are in a conservation area, poss probs with freeholders), and so we're wondering whether we could insert a clause into the rental contract to say either that (a) the tenants are not permitted onto the balcony at all or (b) they are only permitted to access the balcony as a secondary means of fire escape.

    Does anyone know - would a clause like this cover us in the case of an accident?? Or would we still be considered liable if someone were to fall?

    Any advice appreciated

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