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: My granddaughter cannot play in the garden as it is not secure. Last night someone walked into her now unsecure garden broke into her shed and stole everything. Is the landlord liable as he has not fixed his broken fence and can we get him to replace items that were stolen? There are a number of things to consider here. First – is the landlord actually liable to repair the fence? 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.