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Renting out a property --- legal question


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I cannot see why you cannot let this house out with a pond but it could put tenants with kids off because of the safety issue. As for maintenance then if it is in the ast that the tenant maintains the garden as cutting the grass etc then maintaining the pond may well fall under the tenants responsibility except for leaks and the like.

 

Simply compare agents or diy.

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Hi,

 

Solicitor here.

 

Lot of rubbish I'd say. They're mis-interpreting the Occupiers Liability Act (1957 if you want the date).

 

The act says that the occupier has to do all that's reasonable to protect against accidents on their premises. The tenant would be the occupier, therefore who are they thinking is at risk?

 

Look at it this way. The new tenant rents it, falls in to it and gets hurt. Who are they suing? The landlord? Wouldn't work as the landlord is only the owner in my view. Once they take the tenancy, the tenant becomes the occupier for the purposes of the act. If the tenant's child falls in it, that child would want to be looking towards the parents, not the landlord.

 

I'd go with what the others say - get another agent.

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Is it such a big deal? If a tenant's kid fell in and drowned would your friend be able to live with that, even if they weren't responsible for the kid or tenant's actions? Better to drain it and fill it with removable hardcore/pebbles and sand in the short-term for letting purposes, I think.

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Is it such a big deal? If a tenant's kid fell in and drowned would your friend be able to live with that, even if they weren't responsible for the kid or tenant's actions? Better to drain it and fill it with removable hardcore/pebbles and sand in the short-term for letting purposes, I think.

 

It's a shame to get rid of a lovely pond.

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