maintenance & treatment of decking - landlord or tenant responsible

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    maintenance & treatment of decking - landlord or tenant responsible

    hi there!

    i have a property that has a decked area to the rear. the tenant is great so i have no issues there whatsoever but she's raised a question about who is responsible for the maintenance and treatment of the decking.

    The tenancy agreement states that the tenant is responsible for the maintenance of the property whereas i am responsible for repairs but the tenant has mentioned that she wouldnt be responsible for internal wear and tear and therefore would the same be the case for exterior things.

    i dont know!

    what do you think!

    cheers

    leighton

    #2
    She would not be responsible for wear and tear of the decking. The use of the words 'maintenance' and 'repairs' is a little ambiguous in my mind. For instance, if you have a clause in your agreement that says the tenant is responsible for painting window frames every 5 years or servicing the boiler (both maintainence afaik) then they would be unenforceable.

    Now the issue of algae and 'health & safety' is one I can't comment on. Is the removal of algae 'cleaning' and therefore the tenants responsibility? It may well be, but I declined a previous tenants request for a deck as part of a garden re-design as I didn't wan't the extra expense/risk related with keeping it safe.

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      #3
      awesome thanks!

      as long as i know where i am, then i am happy!

      Comment


        #4
        Originally posted by Snorkerz View Post
        She would not be responsible for wear and tear of the decking. The use of the words 'maintenance' and 'repairs' is a little ambiguous in my mind. For instance, if you have a clause in your agreement that says the tenant is responsible for painting window frames every 5 years or servicing the boiler (both maintainence afaik) then they would be unenforceable.
        Remember the only compulsory maintenance and repair that a landlord is obliged to carry out under S.11 L & T Act 1985 is to the "dwelling house" which means the living accommodation available to the tenant; decking is not covered but it could be the tenant's responsibility for instance to put a couple of coats of wood preservative on it periodically providing it was in good condition initially, and providing a clause within the AST made this clear, and was not unreasonable.
        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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          #5
          Decking is dreadful stuff and much higher maintenance than those stupid 'DIY in a Day' property porn programmes would have you believe. I recommend you rip it up, burn it and put a lawn, flagstones or gravel down instead. That way the T doesn't risk slip on slimy decking and break her leg.
          '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

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