When it comes to renting a property, there may come a time when a party wall agreement is necessary. But who is responsible for obtaining and paying for this agreement: the landlord or the tenant?
First, let`s define what a party wall agreement is. It`s a legal document that outlines the rights and responsibilities of two or more property owners who share a wall, fence, or boundary. This agreement is necessary if either party plans to carry out work that could affect the shared structure in any way.
Now, onto the question at hand. Who should take care of the party wall agreement?
Landlord: Generally, if the property is being rented out, it`s the landlord`s responsibility to obtain and pay for the party wall agreement. This is because the landlord is considered the owner of the property, and therefore responsible for any maintenance or repairs needed for the property.
Tenant: However, there are some cases where the tenant may be responsible for obtaining and paying for the party wall agreement. For example, if the tenant plans to carry out work that will affect the shared structure, such as installing a new air conditioning unit or making structural changes to their side of the property, they may have to take responsibility for the agreement.
It`s important to note that if the tenant is responsible for the party wall agreement, they should discuss this with the landlord before proceeding with any work. The landlord may want to review the terms of the agreement, and may even want to obtain legal advice to ensure that the agreement is fair and reasonable.
In conclusion, whether the landlord or the tenant is responsible for obtaining and paying for a party wall agreement will depend on the specific circumstances of the property and the work being carried out. If you`re unsure about who should take responsibility for the agreement, it`s always best to consult with a legal professional who can provide guidance and advice.