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Lawn mower

Started by Jenninic, May 06, 2014, 08:07:06 AM

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Jenninic

Hoping someone can maybe give me some advice.! My tenant was using a lawnmower which I had left behind in the garage (we used to live in the house which we now rent) I then found out that we wouldn't be insured for the tenant using a mower which we supplied and she should have her own. So I took the mower away and told her she'd need to buy her own as I'm not covered to let her use mine. She told me that she couldn't afford a lawn mower, I then suggested that we get a gardener in to mow the lawn and split the bill, she was not having this either!
I really don't want to 'rock the boat' with her as she pays every month and is planning to be there long term - she has even made general improvements decor wise inside the house herself.
If I was to supply a mower am I liable if she cuts her hand off?!
Is she obligdeged to keep grass down and supply her own mower?
If I supplied a mower could some disclaimer be drawn up?

Hope someone can advise!

Thanks

Jenni

Riptide

Just gift her the lawn mower, then it's hers and not yours.  Be prepared to not get it back when they leave though.

Hippogriff

Unless this specific lawn mower is worth mega-bucks, then I agree with the previous answer... gift it to the Tenant then the issue goes away in more ways than one. You're not liable and you don't have to worry about any other complications.

I am from the same school as you, it seems... if a property has a lawned area and I expect the Tenant to mow, then I always provide a device for mowing, or strimming at least. I've never agonised over the aspect you describe too much... I'm more worried about kettles!!!

David M

I do not believe gifting a mower to a tenant will absolve the landlord of liability should the tenant get injured because the machine is defective. If the machine is in good order (and if electric has been tested and supplied with an RCD) I am not sure why you would be liable?

boboff

I am with the Hippo.


What is the issue??

Where people get this idea that this society sues over inappropriate use of a lawn mower is a non-sense.

The fact the lady is cutting the grass to me seems a big bonus.

Sell it to her for £1 as spares and repairs, winner!

Hippogriff

I think we are contemplating what might happen if we are dealing with a) unlikely circumstances and b) non-normal people.

If the Landlord gifts, or sells for a nominal price, the lawn mower to the Tenant then surely the Tenant can sign a piece of paper saying they accept there is no liability on the Landlord, the Landlord can then just put this in their little folder for this property and keep it on record.

The more I read the OP, though, the more I start to think this is actually a bit of on odd situation. So the Tenant is happily using the lawn mower and the Landlord suddenly finds out they're not covered, they then go around and remove the lawn mower and tell the Tenant she must buy her own (as a Tenant this would probably put my nose out of joint), but the Tenant refuses and the Landlord is now trying to find out whether there is a way of giving it back. I definitely think this is a case of "rashness of action before clarity of thought" (http://en.wikipedia.org/wiki/Shockwave_(Transformers))... my advice - try to give it back in a way that you're happy you're no longer liable and don't look too silly in what you've been doing regarding this... from your own words, it sounds like a pretty good Tenant you've got, cherish this.

propertyfag

Quote from: Hippogriff on May 07, 2014, 07:49:23 AM
non-normal people.


Agreed! As a landlord, you tend to encounter many of those, so it's better to always bear that in mind. But the tenant in question seems good, which has already been pointed out.

I personally think if you gift the lawnmower and draw up a disclaimer, saying it IS a gift, and she can use it at her own risk, then you should alleviate yourself from any liability. Alternatively, just give her cash to buy herself a present, in the form of a new/cheap lawnmower.

Investing in good tenants is a no-brainer.