When Your Lease Says the Tenant Cleans Gutters—But the Law Says Otherwise

Gutter cleaning isn’t anyone’s favorite chore—least of all a tenant who opens their lease and sees a clause saying they’re on the hook for it. I’ve managed hundreds of units, and every few years a tenant would push back, lease in hand, and say, “Actually, I don’t think I have to do this.” And sometimes, they were right.

Let’s talk about why a tenant could refuse, what the Landlord and Tenant Act 1985 has to say about it, and how I’d handle this if a new landlord asked me today.

The Law That Trumps Your Lease Clause

The Landlord and Tenant Act 1985 (Section 11, if you want the exact spot) imposes a repair obligation on landlords for short leases—rentals where the lease was originally granted for less than seven years. That covers most residential tenancies. Under that obligation, the landlord must keep in repair the structure and exterior of the dwelling. Gutters, being part of the exterior and structure, fall squarely under that.

So even if the tenancy agreement says “the tenant shall clean the gutters annually,” that clause may be unenforceable if it tries to shift a duty the law puts on the landlord. The law basically says, “Nice try, but no.” This isn’t about fairness or who agreed to what; it’s about public policy. The government decided that certain core maintenance tasks shouldn’t be offloaded onto tenants, especially when ignoring them can cause serious damage to the building.

Why Gutters Are a Bigger Deal Than They Seem

I learned early on that clogged gutters aren’t just a cosmetic issue. When water overflows, it can soak the walls, rot the fascia, and eventually get into the property, causing damp and mould. That’s expensive to fix—we’re talking a five-figure repair if joists start rotting. The Act wants the landlord to stay on top of that, because they’re the ones with the long-term interest in the property.

I once had a tenant who was happy to clear a few leaves himself, but the gutters were two storeys up. He didn’t have a safe ladder, and honestly, I didn’t want him on my roof. From a liability standpoint, it was a nightmare. Even if the lease had been enforceable, a sensible landlord wouldn’t want a tenant risking a fall. That’s why I always built gutter cleaning into my routine maintenance schedule and never asked a tenant to do it.

When a Tenant Can Refuse—and When It Gets Complicated

If a tenant is served with a request to clear the gutters because the lease says so, they can refuse and point to the Act. They’re on solid ground if the lease is short and the gutters are part of the structure/exterior. But nothing’s black and white. Some longer leases (over seven years) may transfer full repairing obligations to the tenant. Those are rare in standard residential lets, but they exist.

Also, the tenant’s duty to treat the property in a “tenant-like manner” could come into play. That’s a common law concept—meaning they should do small day-to-day tasks like changing lightbulbs or unblocking a sink. But climbing a ladder to scoop out muck? That’s well beyond tenant-like, in my book.

I’m not a lawyer and this isn’t legal advice, but here’s what I would tell a landlord in my circle: don’t rely on that clause. If the tenant refuses, you don’t have a leg to stand on if the property falls under the Act. And more importantly, you’re asking for trouble. If the tenant does the job poorly and water damage follows, you might find your insurance company isn’t keen on covering it when they find out who did the work.

What Should You Do Instead?

As a landlord, take the responsibility. Hire a professional once or twice a year, and factor that into your operating expenses. It’s a tiny fraction of a month’s rent, and it protects your asset. I used to have a handyman do all my exteriors in one go—gutters, downspouts, a quick roof check—and it gave me peace of mind.

If you’re a tenant reading this and your landlord is insisting you climb up there, you can gently remind them of the Act and that you think this falls under their repair obligation. Most landlords will stand down if they know the law. If they don’t, you might want to speak to a legal advisor or a tenants’ advocacy group.

And if you’re looking at a lease before signing and spot a gutter-cleaning clause, it’s not necessarily a dealbreaker. It might just mean the landlord hasn’t updated their template. But it’s also a hint that they might not fully understand their responsibilities—so keep an eye out for other oddities.

Disclaimer: I’m not a legal professional and this isn’t legal or financial advice. Laws vary, and every tenancy is different. Please consult a qualified solicitor or local advice service for your specific situation.