UK Landlord Forum / Life

I have recently has some excellent advice about problems from my previous tenant. I am still having problems with the letting agency. The back garden fence post was broken by the tenant's children jumping off 1st floor roof on to trampoline. The neighbours witnessed this and as the child went into fence post, cracking it. They have provided a statement. The letting agent has agreed to get a quote to replace fence post, to be passed on to tenant but they do not consider that the tenant should be liable for painting the new piece. The entire fence is green wood stain. Where do I stand, please?

Hello Myballou,

Assuming you're kept up to date with your maintenance schedule (i.e. the fence has been stained recently) then your tenants broke a green recently stained fence post and so they should provide back a green, stained fence post, if you really want to take it that far.

If I were the tenant I'd be a bit miffed at having to pay out £15-odd for a full five liters (they don't do them any smaller size) of stain when I'll need little more than a jam jar's worth.  And you might not like it if they pick a different manufacturer's green and the colour does not match in well.

So assuming you're local to your property, I'd pop round with a jam jar of stain and ask them to do the honours.

I'd also be very worried about their childern jumping off your roof.  I would be asking your agent to get it in writing that you don't condone this activity and you can't be held liable if the children injur themselves.

Thank you for your common sense re painting fence. I struggle for time which is why I felt management by an agent would be a good idea. I feel badly let down by the property management team of the company I'm with by their lack of action (happy with all other aspects of the company). I just want the property sorted out so it can be re-let. It certainly won't take long to paint the fence. Think I was losing the will to live as I've done nothing but moan on the phone to get them on the case. Thank you again for putting me back on the right track.

P.S I was horrified to hear that the children were on the roof. Just shocked that the adults allowed it. Next tenancy agreement will stipulate "no trampolines in garden". Hope the roof will be less appealing as won't bounce so high on just the grass!

Hello Myballou

Thanks for your replies.  Please don't go down the line of banning trampolines.  The clause might not stand up, as it's an impingement on Quite Enjoyment.  I just suggest that for this particular tenant you make it clear that the foor is not designed to be a safe walking area and you will not accept legal liability for falls from or through the roof.  And even if the tenant has suffered a peronal injury you will be seeking compensation, via the deposit, for any damage they cause to yor property as they fall.

Your next tenant will be perfectly sensible and won't jump off the roof.

If you struggle for time, then this might not be the most well received advice: I do use agents.  But hell will freeze over first before I use an agent's property management or emergency call out repairs service.  They are expensive.  They have no commitment to doing the job you want.  And most agents say they accept no contactual responsibility for the quality of their work.  Absolutely dismal value for money.  Why risk your business asset to that?

So if there is any way you can "find the time", I'd advise you to bring this under your control.  This does not mean doing it.  Just get your friends to recommend a good plumber, electrician and handyman and that will get you going.