Question:
We live in an apartment above our neighbours garden. The previous tenant for 10 years (and actual landlord) never complained about the 5 meter wide roofs rainfall that drips into their garden from our apartment. However that tenant vacated and a new tenant moved in and asked if we could fix up a gutter to prevent the rainfall. Are we obligated to do this and pay for it. Additionally since drain from the gutter will be required to end in the neighbor’s garden, would we require the permission of the actual landlord to do this?
Nb. There previous tenant claim the disturbance from the rainfall was negligible.
Answer:
If the buildings in that area are build this way that the water from one porch drips on to the neighbor’s floor, and this is the way you got the building, then you don’t have to pay for the gutter. This is because it is considered as if you were given this usage.
Best wishes
