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Gutters and Drains

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A common problem which often arises is whose responsibility it is to clean the guttering and drains. Under the repairing covenants in Section 11 of the Landlord and Tenant Act 1985, the landlord is responsible for keeping the guttering and drains in repair and proper working order. A tenancy agreement often says that a tenant must ensure that all gutters and drains are kept clear and free from any obstruction throughout the tenancy. Such a clause is easier to enforce if all gutters and drains were clear at the commencement of the tenancy. You cannot expect a new tenant to clear guttering which was full of debris right at the start of the tenancy. If a drain becomes blocked, and it can be proved that the blockage was the fault of the tenant (e.g. Flushing nappies down a toilet) then the tenant must pay to rectify this problem. The landlord should be attentive of blocked drains and gutters as they could have a detrimental effect on his property.
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12/04/2008 00:00

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