Health and safety and tenants doing gardening

FillSpectre

Hi,

My Gran has taken ill and now has moved in with my mother. AS such my aunt has now taken control of rentng out the house but she lives in the UK. She just hired a management company after clearing out the house and has been told by the management compnay all is fine. I used to do the garden but as my gran is not there my aunt said it will all be sorted out.

THe house isn't being rented now and the garden is getting worse and worse. My Aunt thinks the tenants wil do the garden when they move in! Now I have been a tenant and there is no way I was ever going to do the garden especially an over grown one. I am also really wondering whta the health and safety rules say. I know from experience that if there is machinery hired has to be demonstrated for health and safety reason does the same apply to lawm mowers in rented property

IN simply point form I guess I am asking
1) Who has to take care of the garden in rented property?
2) What are the leaglities of the lawnmower? (fear of claims)
3) Should the insurance be different?

I just think my aunt won't care if something goes wrong.

NewFrockTuesday

IN simply point form I guess I am asking
1) Who has to take care of the garden in rented property?
2) What are the leaglities of the lawnmower? (fear of claims)
3) Should the insurance be different?

1) The tennants are under no obligation - just like, lets say - they dont have to paint a wall if its a bit scruffy when they move in. Ive had gardens before but the other half throwing a lawn mower ariound the place once every few weeks was as much as we were prepared to do. No body wants to spend their weekends on other people gardens.

Our landlord did offer to get a gardner for us. He was really sound. But we didnt want someone hanging around when we were there so we just done it ourselves. (Besides, I think the bf is a closet gardner!)

2) Im sure they could claim under the house insurance. Ring the company and ask them.

FillSpectre

1) I am sure it could be on the lease as to who's duty it is but if the tenant doesn't do it is the managemnt company going to do it? I
2) I am really asking what are the responsibilities. No insurance company will pay out for something if you are breaking the law. If I leave something in a dangerous state I am liable regardless of insurance. Technically new employees have to be shown how to use microwave works due to health and safety and they can't pick up anything without training.

Thanks for the advise I don't mean to sound ungrateful.

antoinolachtnai

I don't know the answers to the questions, but I would advise sorting out the garden before trying to rent it.

I have seen clauses in leases requiring the tenants to keep the garden tidy.

A tenancy is very different from an employee/employer relationship. There is much less responsibility. But I'm not sure of the situation on this.

FillSpectre

It isn't my house and I am not in control I just want to check that my gran is being left liable.

The_Conductor

Normally it would be the duty of the Management company to conduct reasonable maintenance of the property. If all they are interested in is letting the property- they are not really a management company- but a letting agency.

Vis-a-vis third parties (such as tenants) doing gardening etc. You would have to confirm that your insurance cover was sufficient to cover them. It is possible that 3rd party public liability insurance may be required.

Regarding the Management company hiring someone to do the gardening (or painting or anything else)- they should check to make that the tradesperson has their own adequate insurance (or else you, as the property owner, and not the Management Company, may be found liable in the event of an accident on the premises).

Victor

I think you do need to bring it up to a reasonable standard

Two options (a) make tenant responsible for grass cutting, etc. how they do it is their business (b) you hire gardener.

shoegirl

FillSpectre wrote:

IN simply point form I guess I am asking
1) Who has to take care of the garden in rented property?
2) What are the leaglities of the lawnmower? (fear of claims)

My sister shares a house in Dublin and the owners (who are an older couple) come out every fortnight to do the garden. It might be easier to do yourself.

You could ask prospective tenants to take care of the garden but the legalities of the lawnmover might be a risk. Much simpler just to get somebody (older person often a good idea, or trustworthy teenage neighbour) to mow the lawn every fortnight for a small fee.

As far as the law is concerned the garden is external so not something the tenant is bound to take care of. In practice most tenants do appreciate a tidy garden and are willing to at least not wreck it. (I know when I lived in Dublin I used to always ask to see the garden when viewing a flat as a tidy garden usually meant the building was maintained, whereas a dump meant it was being left to rot).

antoinolachtnai

If you are worried about the legalities for the tenant, what about the legalities for the person you are getting to mow the lawn for a 'small fee'?