This month we helped one of our members who had a query relating to the cleaning of gutters.
Our member was looking for some guidance on who would be obliged to keep the gutters clean and free from debris and leaves.
Our advice
Section 11 of the Landlord and Tenant Act 1985 creates a legal obligation for the landlord to keep the structure and exterior of the property in repair. So, if there was an issue with the state of repair of the gutter or it was broken, legally the landlord would be required to fix it.
Most of the time however, the gutter isn’t broken but clogged up with debris and needs cleaning out. This isn’t resolved by a piece of legislation, so our advice is that it is best to think practically.
There is a requirement, arising from case law, that requires renters to behave in a 'tenant-like' manner. This states that the tenant is responsible for small jobs around the property that an owner occupier might do, things that don’t need specialist equipment or knowhow such as changing lightbulbs and sweeping up for example.
However it is it is worthwhile considering that a tenant might not feel comfortable climbing ladders to clean out gutters and there is a risk they could fall.
In this case landlords might consider either doing the job themsleves or or paying for a professional to come in.
If left the gutter can clog and overflow, which could, in turn cause more serious long-term problems.