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My Dad's driveway


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Guest mediaseller

My dad is 89 years old, quite infirm and has poor eyesight. He is a council house tenant in the Leeds area and has been so since 1961.

 

He moved to his present house in the mid 60's and in the mid 70's my uncle went to live with him. Without asking my dad, my uncle took it upon himself to dig up the council provided path on the property and replace it with a concrete driveway.

 

The driveway has not been maintained by anyone in recent years (due to my dad's ill health). Now a neighbour has asked the council to fix the potholes in it so my dad does not fall due to tripping.

 

The council sent a surveyor to inspect and having done further research concluded that it was laid by the tenant therefore it's my dad who is responsible for repairs.

 

My question is that the tenancy rules currently in force state that all such repairs must be carried out by the tenant. Since he is visually impaired and registered blind, also infirm don't the council have a duty of care for his safety and as such shouldn't they fix the driveway for free for him?

 

Cheers

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IMO the Council are correct. The driveway was not provided by the LL (Council) and pres installed without LLs consent so repair is resp of T. If Council did agree to repair, expect them to bill your Dad.

You & some friends could make repairs or ideally re-instate the original path.

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Fully Agree with mariner51

 

You would need to be careful as your Dad did this work without the Council consent thus have altered the property without permission.

 

The council could enforce or carry out work to reinstate the path and bill your dad as it was done without permission. Also if the driveway causes any damage to the councils property and it is proved the driveway is the cause your dad would be liable.

 

I would speak to CAB or Shelter and also if your dad has a Social Worker contact speak to them.

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May I inject a note of caution?

 

This matter concerns a tenancy granted before the 1988 Housing Act came into force, so the poster's father doesn't have an Assured tenancy nor a Shorthold tenancy.

 

This tenancy pre-dates even the Rent Act 1977. Amazingly, it even pre-dates the Rent Act 1965.

 

There is, accordingly, no clear indication of which repairing obligations are imposed on the tenant and which are imposed on the landlord.

Note

 

This is a self-help forum in which users share their experiences. Assistance is offered informally, without any assumption of liability. Use your own judgement; obtain advice from a qualified and insured professional if you have any doubts.

 

This posting gives general guidance only. It is not an authoritative statement of the law. Consult a Solicitor for specific advice before deciding on any course of action.

 

 

Further information:

 

Assured and Shorthold tenancies - A guide for tenants

 

Renting and Leasehold - Advice from Shelter

 

 

All posts are opinion only

 

 

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