maintenance & treatment of decking - landlord or tenant responsible

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  • mind the gap
    replied
    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.

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  • PaulF
    replied
    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.

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  • lcwilliams
    replied
    awesome thanks!

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

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  • Snorkerz
    replied
    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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  • 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

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