Title: Is the landlord liable through not repairing the fence? - The Landlord Law Blog
Headings: Is the landlord liable through not repairing the fence?
Is the landlord liable through not repairing the fence?
Content: You need to look first at your tenancy agreement, although I expect it will probably be silent about garden fence panels. In which case, my view is that it is not the landlords responsibility to do the repairs, as this does not come under the landlords statutory repairing covenants under s11 of the Landlord & Tenant Act 1985. But if anyone else has a different view please say so. Second – even if he were, is he liable for the loss? My view, again, is that he is not. It is arguable that a fence panel is not going to deter someone who wants to break in and steal something, so the burglary could well have happened anyway. You canot link it up FOR SURE with the missing fence panel. Although I suppose it will be an attraction for opportunist burglars. Third – generally it is up to tenants to arrange for insurance for their own possessions, and the landlord is not responsible for them. It could also be said that perhaps it was unwise for your daughter to leave the items there in the circumstances.