Making sure your contract is weather tight

Adverse weather conditions can put enormous pressure on even the best of tenant/landlord relationships.

I’ve already dealt with one situation this week where water damage has soured relations between tenant and landlord to the extent that they are exchanging lawyer’s letters; each party is blaming the other for the problem.

The fact is bad weather is nobody’s fault. It is beyond our control. Nature, in all its elements, can take an enormous toll. We just have to look at the impact of the volcanic ash cloud on travel in Europe and Britain last month.

So when we strike heavy rain and wind like we’ve had up and down the country in the past week, even supposedly weather-tight buildings can be affected.

It is fair to say that we are all particularly nervous about water getting into buildings these days after the leaky building debacle.

But the reality is there are responsibilities for tenants and landlords alike when bad weather hits.

It is the landlord’s responsibility to keep premises watertight, with drainage, waterproofing and all the correct structures in place. And in many tenancy agreements, it is the tenant’s responsibility to maintain gutters and drains to ensure they are kept clear.

The key point is that both parties need to be clear about their responsibilities and make sure they are met. A healthy dialogue helps to head off any problems before they become major.

It sounds very straightforward, but amazingly I frequently deal with complete breakdowns in communication that could have been averted through conversation.

It is smart thinking to build strong relationships between landlord and tenant to avoid costly legal disputes and delays in righting any problems with premises.

Quick resolution of an issue such as water damage means business tenants can get on with their core business and landlords can continue to receive a steady income from their investment.