Renting House Questions

Vic Vinegar · 22-04-2011 4:37pm #1

Hi, we have just moved into a house and have subsequently realised there are no smoke/fire alarms or fire blanket present in the house at all - which i thought were compulsory for a landlord to provide, or no wheelie bin outside, which i think has to be provided by the Landord but can't find any solid information on.

Does anyone know the definite law on this? i want to bring up the subject but need to know where i stand so i'm not fobbed off.

Also on another note, is it the Landlord's duty to maintain the lawn? he said it's my job to do that as it says it in the lease. I wouldn't mind doing it if he provided a mower but it seems a bit rich to make me purchase one for the privilege (as i don't own one and never have)

Cheers!

*EDIT*

There is a smoke alarm alright, didn't notice it before, no fire blanket though

antoinolachtnai · 22-04-2011 6:43pm

If you have signed up to look after the lawn you'll need to do it. You can hire someone to do it if you don't have the equipment.

As for the fire issues, I don't think it is a requirement to have a fire blanket. But I could be wrong.

The wheelie bin issue is really with the waste company or local authority. You will need to contact them. You may have a problem here if the landlord is somehow in dispute with the waste company or local authority.

Sunny Dayz · 23-04-2011 8:59pm

Landlord should provide fire alarm and fire blanket for insurance reasons.

He probably should provide you with a cheap lawnmower if you agree to maintain the gardens. Our landlord had the lawns removed and replaced with paving slabs so low maintenance.

It is up to you to organise getting bins and you are obliged under your lease to keep the property tidy and ensure waste disposed of.

edellc · 23-04-2011 10:09pm

http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html

by law a fire blanket has to be provided

the lawn however is not so black and white but speak to LL regarding a mower

if you are in a house its up to you to sort out your bins ring the local council and they will set up an account for you and send you out the bins

variety · 24-04-2011 4:58pm

edellc wrote: »

the lawn however is not so black and white

I disagree.
By law, the LL has to maintain all external areas of the property (excluding the cleaning of windows). This includes the garden.
Regardless of what your lease states, a lease can never contract a party of out their legal responsibilites.

A very extreme example: what if the lease said you were allowed to practice prostitution in the property. It's illegal, so the contract cannot allow you to do it.

Similarly, the law states the LL is responsible for the garden, so your contract cannot allow that you do it instead.

The law only changed in January 2008 (or 2009, can't remember off the top of my head, sorry).
Most LL's still don't know it's their responsibility.
But there is now a lawful obligation on landlords to maintain the external appearance of rented accommodation (for the first time).

Edit: Under Section 18A of the The Housing (Miscellaneous Provisions) Act 2009 and the Private Rented Sector, for the first time, since 1st of December 2009, a landlord is obliged to maintain the structure and exterior of any rental properties, including their exteriors, for the first time. This extends to keeping the garden and any grounds, other than those vested in a Management Company, in a state of good repair.
Section 18(7)(b) of the 1992 Act and Article 5 of the Housing (Standards for Rented Houses) Regulations 2008, for the first time defines in detail- what a 'good state of repair entails'. There is an inclusion in the updated definition of a requirement to maintain gardens and to keep common areas in good condition.
\edit

I don't like my LL coming around every week weeding the beds and mowing the lawn, so I do it instead.

And I do have my own lawnmower.
I'd say the black and white area is whether the LL has to provide you with a lawnmower. I doubt it, because they certainly don't have to provide you with a vacuum cleaner.

antoinolachtnai · 24-04-2011 5:12pm

The landlord is quite entitled to require you to carry out his responsibilities in relation to carrying out the maintenance of the garden.

The analogy you are using is certainly extreme. I don't think it is appropriate though. It would hold if there were a law against tenants maintaining a garden. But there is no law prohibiting a tenant from carrying out maintenance of the garden, any more than there is a law prohibiting landlords from hiring gardeners.

The landlord is still responsible for maintaining the garden, but through the contract the OP has undertaken that he will carry out this maintenance, or have it carried out.

Of course, if the landlord is charged under the Act with failing to maintain, he will have to carry the can. But that doesn't mean there is anything wrong with the clause in the agreement.

variety · 24-04-2011 5:43pm

antoinolachtnai wrote: »

The landlord is quite entitled to require you to carry out his responsibilities in relation to carrying out the maintenance of the garden.
The landlord is still responsible for maintaining the garden, but through the contract the OP has undertaken that he will carry out this maintenance, or have it carried out.

That makes sense, I'd never thought about it that way. Thanks for the clarification.

OP, I'd say if you really REALLY don't want to do the garden yourself then you can just point out to the LL the amendments to the act I posted above and hope he's not as clued in an antoinolachtnai.

In hindsight, OP why did you sign a contract if you weren't going to abide
by its conditions? And why didn't you rent somewhere with an almost-maintenance-free exterior?

magneticimpulse · 24-04-2011 11:28pm

Yes its a legal requirement for a rental property to have fire doors, fire blanket and working fire alarm.

Also in my case we asked for the landlord to provide a lawn mower and other garden equipment if he wanted us to do the garden. In the end he got his father to do the garden anyway.

Victor · 25-04-2011 12:03am

Ask the landlord for a lawnmower and the fire blanket.

Test the fire alarm to make sure its working. I think 3 sensors are normally required.

variety wrote: »

By law, the LL has to maintain all external areas of the property (excluding the cleaning of windows). This includes the garden.

It been a while since I've read up on this, but the requirement is to keep them maintained, there is nothing to stop the landlord transferrring that responsibility to you.

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