gutterings - whose responsibility to maintain?

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    gutterings - whose responsibility to maintain?

    Does anyone know who is responsible for maintaining guttering - is it landlord or tenant? My T complained that they were blocked and that I was negligent, but an independent surveyor said the gutterings themselves were still good however they were full of leaves etc that had caused a blockage. The surveyor said he thought it was a grey area in law about who should be responsible for clearing leaves etc from the guttering so I got the impression that the surveyor was happy that I was not negligent however my T disagreed and said it was in the contract that the Landlord should clear the gutterings. Does anyone know for sure who should be responsible?
    thanks

    #2
    Well the tenants assertion that it is in the contract should be easy enough to check. I am pretty sure it is a tenant responsibility, but would need to research before confirming.

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      #3
      Just out of interest, what does it cost to employ a surveyor to tell you that your gutters are full of leaves?

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        #4
        surely would have been cheaper to clear than to use a surveyor??

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          #5
          T didn't pay because he has legal help to pay for surveyor and I refused to pay anything towards the surveyor's visit but the overall price was around 500 pounds. There were 16 items of complaint on the list from the T that the surveyor had to look at but he was quickly able to dispel most of them as nonsense e.g. the T complained of a wasps nest but this was not something I had caused to make my Ts life a misery and the surveyor simply said there were firms who could get rid of nest for a small fee. Essentially all 16 items were dealt with in this way however the remaining issue is damp as it appears that there is mildew in property but I cannot see how I, as landlord could have caused this. My T is trying to sue me for Personal Injury as he says the property is damp. I have fulfilled all my LL obligations so not sure how it became damp or what to do about it. This was why surveyor was called out as we needed an expert in case the matter goes to court - and guttering came up as 1 issue of 16 that surveyor had to investigate as part of visit

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            #6
            The contract is a standard F302E. Item 3.3 says the LL oblications is to keep in repair the structure and exterior of the property (including drains gutters and external pipes)

            does this mean the LL should clear out the leaves or just keep the gutters in good condition - even if they are clogged up with leaves?

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              #7
              You're counting the days till that s.21 notice expires, aren't you?

              Personally I think that "keeping in repair" does not include what is essentially cleaning.
              In any case this does not make you negligent, I would think.

              Also the wasp nest was none of your concern unless it was there before the tenant moved in. Wasp nests die out every winter, so any active wasp nest now must be new from this spring/summer.

              Re. dampness I would remind the tenant in writing not to cause damp by e.g. drying clothes inside, and to keep proper air flow.

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