Who Is Responsible for Snow Removal in a Rental Property
Untouched, clean virgin snow and picture-postcard landscapes might be exciting for some, but in reality, snow storms and ice-coated surroundings pose a variety of hazards for people, whether they are walking, riding or moving around outside. The most common winter injuries are slips and falls. In the winter, the likelihood of a slip-and-fall accident goes up dramatically due to snow and ice accumulation. Whether it is a slippery sidewalk, roadway, driveway or set of stairs it is important to know who is responsible for snow and ice removal.
As the weather becomes more extreme with snow storms and temperatures below freezing, many gardens, paths, driveways and pavements have become blanketed in snow. Snow removal services are necessary to make the roads and pavement safe so that people can get in and out of their homes. If your home is rented, who is responsible for snow removal in a rental property, the tenant or the landlord?
What comes next in the article?
- The law is absolute! They will be responsible for snowless pavements
- Accident on the pavement? Who is to take responsibility for this?
- Snow removal services
What the law says about clearing snow
The snow within the property borders is the responsibility of the tenant. There is no law that states whether the landlord should, or should not clear snow and ice from paths, driveways or even the pavement or road outside a rented home. So the decision to clear the garden, driveway or paths is dependent upon the tenant. If you rent a large property with a large drive, or front garden, clearing the snow is a sensible idea if you want to prevent the possibility of serious injury. If the snow is not cleared it will melt and be transformed into ice. Ice coating your pathways and driveways is extremely hazardous.
Who is responsible for snow removal on the pavements outside your home?
The UK is different in comparison to Europe and the US in that the pavements outside of your home are the responsibility of the local council snow removal services and not the tenant or the landlord’s responsibility.
Many people, both tenants and landlords, like to clear the snow from their gardens and also the pavements outside their homes, but this good deed can have dreadful consequences if someone falls on the cleared pavement. You are actually taking a legal risk clearing the pavement from the front of your home. There is a chance legal action could be taken against you on the basis you had created a nuisance If someone trips, falls or injures themselves on a cleared pathway or pavement. The person who cleared the snow can actually be liable. If the snow clearing leads to a hazard, then the person is named negligent.
So, if you are going to do a good deed and clear the snow from in front of your home, make sure it is done carefully and that you do not inadvertently cause a hazard for people walking by.
Snow Removal on your own or rented land
In England and Wales, If an accident happens because of ice and snow, snow removal on your own, or land that you are renting, then you are responsible for keeping the land safe for visitors under the Occupiers Liability Act 1984. This law states that you have a duty for visitors to take reasonable care to ensure that they are reasonably safe and safe from injury. As already mentioned the landlord has no responsibility for clearing snow. This doesn’t only mean invited visitors and friends, but anyone that walks up your garden path. So, if you know your garden path or driveway is slippery and hazardous, the postman, or anyone coming to your front door can take legal action against you if they injure themselves. So it is a necessity for you to take steps to make sure any area of your property outside that anyone can walk needs snow removal and salt spreading to stop it from becoming black ice. If you have a large driveway, spreading sand on the driveway with salt will stop it from icing up.
Is the landlord liable if a tenant slips outside of the property?
If the situation is a shared house, then it is between the tenants to decide who will clear the outside. if a tenant slips and falls on the ice or snow in common areas, the landlord can only be classed as liable if
- They could have expected or prevented the accident.
- That there was a problem involved that they were supposed to deal with
- That in the tenancy agreement it says it is the landlord’s liability.
How to safely clear ice and snow
When you decide on snow removal, there are 3 main rules to stick to.
- Make sure any snow you clear is out of the path of any people or vehicles.
- Don’t put snow anywhere where it will hide a hazard.
- Don’t melt the snow or ice using water, it will refreeze and the surface will be even worse.
Some extra tips:
- Clear snow first thing in the morning or as soon as it falls, it will be less compacted and easier to move.
- Go over the path and driveway with salt spreading before the night and it will stop it from freezing over the night.
- make sure to spread salt or sand on steps and slopes to prevent black ice from forming. Pay extra attention to steps or slopes using salt or sand to avoid black ice forming.
- You need a tablespoon of salt for every square metre.
- You don’t need special salt, normal table salt is fine
- Be careful of salt spreading on grass or near plants, it is harmful.
- Salt will harm plants and grass, so be careful where you spread it.
- Sand can be used if you don’t have any salt, it is not as effective but will still help.
Snow Removal Services
Snow clearing services are ideal for snow clearing, both in your garden and on your pathways and driveways. At MXMX we provide a professional snow removal service, we guarantee the snow and ice will be removed without causing any possibilities of legal action!