Call of the Month: Gutter Cleaning

This month we were able to help one of our members with a query relating to the cleaning of gutters, which always comes around at this time of year as we approach the autumn.

Our member gave us a phone call to say that a tenant had reported a loud dripping noise coming from the gutter, when it is raining.

Our member suspected this was due to the gutter being full of leaves, and they rung us up seeking guidance on who would be obliged to keep the gutters clean and free from debris.

Our advice

Our advisor began by explaining what the law says on repairs of this nature.

Section 11 of the Landlord and Tenant Act 1985 creates a legal obligation for the landlord to keep the structure and exterior of the property in repair. So, if there was an actual issue with the state of repair of the gutter and it was broken, we would say that the landlord should fix that legally. It's advisable for the landlord to arrange a good time to visit the property with the tenant and take a closer look at the gutters.

Most of the time, the gutter isn’t broken but is just clogging up with debris and simply needs cleaning out. This isn’t resolved by a piece of legislation, so it’s best for the landlord to think practically.

If the landlord were to put the responsibility onto the tenant, there are a few reasons why the tenant may not do it. They may not feel comfortable climbing up ladders, or simply may not have any to go up in the first place, and there is the risk they may fall from them if improperly used. Occasionally some tenants may simply decide they would rather breach this term of the contract and have the money deducted from their deposit than actually clean the gutter. This doesn’t help the landlord if their main aim is not to deduct money but to just have the odd jobs done around the property.

There is the concept of behaving in a tenant like manner also. This comes from case law and is essentially that the tenant does the jobs around the property that an owner occupier might do. Things that don’t need specialist equipment or know how, changing lightbulbs, sweeping up and so on. Gutter cleaning could arguably come under this requirement, but as we have mentioned a tenant still may not do it.