Estate maintenance: am I responsible to my tenant?

Estate maintenance: am I responsible to my tenant?

0:02 AM, 28th November 2023, About 12 months ago 5

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Hello, I want to rent out my freehold house on a private estate. I pay estate charges, but the estate freeholder is delaying maintenance to the common driveway (shared with 8 leaseholders). The driveway is usable but some leaseholders plan to dispute repair costs at the Tribunal, holding things up.

Would I be responsible to my tenant for estate maintenance? Would the tenant be able to withhold rent or take other action prejudicial to me, under existing or proposed legislation? Is there any way I can guard against this, e.g. by asking the tenant to agree to a waiver?

Thanks,

Hugh


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Graham Bowcock

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10:01 AM, 28th November 2023, About 12 months ago

The costs of maintaining and managing the dfriveway are nothing to do with your tenant. You are responsible to oyur tenant for estate maintenance.

If the driveway is passable/usable then I can't see why your tenant would withhold rent from you.

I also can't see what sort of waiver you would want or how any waiver would work. You need to offer a property that is fit for purpose. Having said that, we are often involved with rural properties where drives are less than ideal and tenants accept it.

Darren Peters

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10:46 AM, 28th November 2023, About 12 months ago

“Freehold house on private estate. “

Presumably your Freehold has a right of way over a driveway owned by a separate Freeholder?

Is there a way to your house that doesn’t involve using the right of way?

Is there anything on your Freehold that describes your right of way and whether you have any responsibility towards maintenance or other costs?

My first thought is that if you can access the house without passing the other Freeholder’s land - even via a footpath that you insert a clause that the other land is not part of the tenancy and they have no rights if for example the driveway is closed for maintenance or becomes impassible.

If the driveway is the only way in or out I don’t have an answer.

Judith Wordsworth

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11:48 AM, 28th November 2023, About 12 months ago

Estate management/maintenance is the responsibility of the landlord and the rent should reflect this cost. Though obviously this is an allowable expense deductible for income from property for tax purposes.

A long as the tenant can access and exit the property via the un-adopted road then cannot see how they could legally withhold rent or take any action against you. They will see the state of the communal access when viewing. Can just say that in the near future the access is going to be resurfaced by the estate management company, if that's what is going to happen.

David Houghton

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8:46 AM, 29th November 2023, About 12 months ago

The right to withhold rent comes from s11 landlord and tenant act 1985. It's gutters, space heating etc.
There of course may be a tortious liability for damage to vehicles, slips trips and falls bit that will fall on the estate not just you

DPT

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18:19 PM, 29th November 2023, About 12 months ago

Is the property safely accessible? If so then you may just have to advertise the property without parking rights for the time being.

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