Cookie Notifications The cookie settings on this website are set to 'allow all cookies' to give you the very best experience. If you continue without changing these settings, you consent to this - but if you want, you can change your settings at any time at the bottom of this page.
Join the RLA
Remove this ad

Statutory Obligations Of Landlords As To Property Condition

Key Points

There are three key statutory provisions which can affect the landlord's responsibility for the physical state of the premises or what happens on them. Firstly, if there is a statutory nuisance or the premises are prejudicial to health, the local authority can serve notice or alternatively an application can be made to the Magistrates Court, e.g. by the tenant, for an order to abate the nuisance. Where the landlord retains control of any part of the premises (e.g. communal areas) the landlord owes a common duty of care to visitors and may be liable if they are injured or die as a result of the landlord's negligence. The Defective Premises Act imposes obligations where a dwelling is provided but more importantly there is civil liability to pay damages on the part of a landlord where a tenant or resident is injured, or dies, as a result of a defect which the landlord is responsible for repairing (or simply has the right to come in and repair). This extends to paying compensation for personal belongings which are destroyed or damaged as a result. This liability arises if the landlord fails to carry out a repair which he was obliged to do or had the right to do where he knew of the defect in question or ought to have known about it. Thus, there can be a liability in negligence even though the landlord did not know of this defect but should have done.

General

Statutory Nuisance etc.

Abatement

Application to Magistrates Court

What is Prejudicial to Health?

Emergency Procedure

Occupiers Liability

Retained Premises

Duty of Care

Defective Premises

General

Undertaking Work

The rest of the guide contains information on:

  • Civil Liability for defects
  • Duty of Care
  • Whether obligations apply where there is a right to enter
  • Examples of liability
  • Cases where there was no liability
  • Defects
  • Licenses
  • Need for damage/injury

To continue to read the RLA's guide on the statutory obligations of landlords, please log in to your RLA account or join today.

Members Only

The rest of this page and any documents or services related to it are within our members' area.

Existing RLA Member?


Join the RLA and get access to

Guide to statutory obligations of Landlords as to property condition