Residential Landlords and commercial Landlords have differing obligations and a duty of care under the law with responsibilities upon residential Landlords much more onerous.
Residential properties are full of potential hazards such as: electrical faults, fires and lethal carbon monoxide fumes from gas boilers. Landlords are required to ensure the building is safe for residents and to comply with relevant Landlord and Tenant and Health and Safety Regulations.
If a resident is injured as a result of a domestic hazard that was not rectified by the Landlord, this could be classed as ‘negligence’ and tenants could take legal action either for personal injury or other damages against the Landlord.
In this article, we will explore negligence further, and look at the Landlord’s duty of care.
New Landlord Rules
Legislation in the UK is always changing, so it’s important to stay up-to-date with new laws as well as making sure you’re familiar with existing ones.
In recent years there has been an emphasis on risk assessment and safety, and this has been reflected in the UK’s legislation. Landlords are now required to install a smoke alarm on each floor of living accommodation and have periodic electrical inspections.
If you’re a landlord and require more information on this subject, visit our landlord page to learn more.
What Repairs Are Landlords Responsible For?
Landlords are responsible for the general upkeep of the house, as well as any major repairs on areas such as: pipes and wiring; electrical appliances; structure of the property e.g. walls and roof. Whereas, tenants are only responsible for repairs detailed in the tenancy agreement.
Failure to carry out the repairs in a reasonable amount of time or to an adequate standard can result in the tenant taking legal action against the landlord.
Landlord Duty of Care and Negligence
In accordance with UK law, landlords have certain responsibilities that they must uphold.
Negligence comes in when a tenant is injured as a result of the landlords’ careless or negligent behaviour. This can occur if the landlord fails to carry out repairs that were brought to their attention or if the repair work was completed in a reckless or dangerous way.
Laws in this area are designed to protect both the landlord and the tenants therefore it’s important to get the right information from the professionals at Abacus Solicitors to avoid any nasty surprises.
Disputes
Disagreements are always difficult to go through and can sometimes be hard to solve. Disputes can arise between tenants and landlords for various reasons including the return of deposits to residents failing to pay rent.
Take a look at our disputes page if you require further information; and if you have got a dispute that needs resolving, speak to the professionals at Abacus Solicitors and get the help you need and work towards a solution.
