nora newbie Posted July 6, 2012 Report Share Posted July 6, 2012 hi everyone. I am a complete beginner here and am just getting house sorted through a managed letting agent and potential clients will soon be viewing. However I have a question regarding decking. Immediately outside the patio door is an area of wooden decking. It looked like it hadnt been cleaned for ages so I have cleaned it all and re stained it etc. However due to the nature of decking if this isnt done regularly the decking does become slippery- at home I do mine once a year. Is it possible that someone could rent the house, go out there, fall over and break a leg and make a claim against me. Is this something that should be put in the tennancy agreement? or am i taking things too far? Link to comment Share on other sites More sharing options...
Melboy Posted July 6, 2012 Report Share Posted July 6, 2012 I too have a patio decking in a rented property which becomes lethal in the Winter and of course requires pressure washing and treating every 2 years at least. I have a specific clause which states that the decking must be cleaned and treated by the landlord every 2 years and that no responsibility is accepted in the event of any tenant slipping on the decking in adverse weather conditions. I advise ALL my tenants to have their own contents and personal injury insurance in place to cover for any accidents beyond the landlords day-to-day control. Of course all of the above might be total cods wallop in a legal sense but the fact is the tenant has to prove that the "duty of care law" was not being applied when they injured themselves. Any other private householder would have to be careful with slippery decking as should any tenant imo. If it all goes wrong for me then my insurance cover and legal cover would have to deal with it. Our very own resident legal-eagle LAW will probably provide the professional answer to your question. Link to comment Share on other sites More sharing options...
Mortitia Posted July 6, 2012 Report Share Posted July 6, 2012 I would make sure I pointed out a problem with the decking to tenants verbally and in writing saying you recommend cleaning every 4 months to avoid accidents. What do you mean by 'due to the nature of the decking it becomes slippery'? Are there trees nearby causing moss to appear on the decking? Mortitia Link to comment Share on other sites More sharing options...
LLAW96 Posted July 6, 2012 Report Share Posted July 6, 2012 You cannot exclude a claim for personal injury, as a landlord you should have public liability insurance your main pitfalls will be the occupiers liability act, defective premises act and common law negligence. Link to comment Share on other sites More sharing options...
Melboy Posted July 6, 2012 Report Share Posted July 6, 2012 I wonder how many landlord's have public liabilty insurance? Not many I would bet. Hands up! Link to comment Share on other sites More sharing options...
Richlist Posted July 6, 2012 Report Share Posted July 6, 2012 I don't have it and I don't buy the message "you should have public liability insurance" . Its not compulsory and its down to personal choice.....eg neither do I have cycle insurance, freezer insurance, pet insurannce, car breakdown cover or any of the other OPTIONAL insurances available. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted July 6, 2012 Report Share Posted July 6, 2012 But if the property insurance covers the risk it's already in place. Let's face a couple of hundred quids to cover maybe £80k it wouldn't make sense not to. That reminds me. Link to comment Share on other sites More sharing options...
Richlist Posted July 6, 2012 Report Share Posted July 6, 2012 But if the property insurance covers the risk it's already in place. Let's face a couple of hundred quids to cover maybe £80k it wouldn't make sense not to. That reminds me. Well,....... 1. The only insurances that I have on my leasehold rentals is buildings insurance (provided by the freeholder) and rent guarantee insurance. I'm certain they don't include any element of public liability insurance. 2. As I've lived without it for over 10 years and never been anywhere near having anyone make a claim then the thought of a £200 premium is not an attractive one. In fact for me it makes perfect sense not to buy it. Link to comment Share on other sites More sharing options...
matilda Posted July 9, 2012 Report Share Posted July 9, 2012 Well,....... 1. The only insurances that I have on my leasehold rentals is buildings insurance (provided by the freeholder) and rent guarantee insurance. I'm certain they don't include any element of public liability insurance. 2. As I've lived without it for over 10 years and never been anywhere near having anyone make a claim then the thought of a £200 premium is not an attractive one. In fact for me it makes perfect sense not to buy it. But how many properties do you rent that have (sometimes) slippery decking outside the doors? Link to comment Share on other sites More sharing options...
Melboy Posted July 9, 2012 Report Share Posted July 9, 2012 This is what I use.....every 2 years after pressure washing. http://www.cuprinol.co.uk/decking/decking_safer.jsp Link to comment Share on other sites More sharing options...
Carryon Regardless Posted July 9, 2012 Report Share Posted July 9, 2012 As we know any one can claim for anything. The outcome is then down to an insurance company or a court. Our greatest concern is to consider a charge of negligence, criminal negligence 'such as' failing to ensure a safe gas installation being a major concern. I've a policy renewal in front of me so thought I would peruse for my own peace of mind. With AXA through HSBC the insurance is a 'Property Investors' insurance. I favoured this policy when I saw it covered an empty property for 180 days without the need to inform them and then have the cover reduced. Covering a 3 bed semi this year it's at £216 payable. We can get cheaper but some times some peace of mind is worth a bit extra. Anyway public liability is at £5m Employers liability at £10m cover. And let's face it nowadays you ask a window cleaner to do as he promotes for and when he falls of his ladder p*ssed one afternoon he may well show how you 'employed' him. There are other bits such as alternative accommodation and lost rents in the event. There are exclusions as I don't think my house is covered if it commits suicide, and that's a big risk as Prestatyn on the whole is definitely depressed. I've had the belief for years that buildings cover provides public liability cover but it is worth reading through again now and again, when there is half a day spare. A bit like legislation there seems to be almost daily amendments with insurance companies sending a list of changes to now exclude the risk of a train leaving the track and demolishing any part of the structure not built of brick and before April 2007. I get so Link to comment Share on other sites More sharing options...
Richlist Posted July 9, 2012 Report Share Posted July 9, 2012 But how many properties do you rent that have (sometimes) slippery decking outside the doors? None......my properties either don't have decking or I make the effort to maintain them so they aren't slippery. My comments were meant to cover the bigger picture of public liability claims generally. I'm sure there are people who view public liability insurance as an alternattive option to exercising their responsibility to carry out regular maintenance. Link to comment Share on other sites More sharing options...
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