New ruling tests landlords boundaries

Following a recent Court of Appeal case, landlords could be liable for injuries to their tenants outside the property boundaries.

Related topics:  Landlords
Warren Lewis
27th March 2015
Law

LetRisks is urging landlords and agents to regularly check for disrepair both at the property and on any areas where there is a right of access to the property, and is supporting this by offering a free review for letting agents.

In the recent ruling in the Edwards v Kumarasamy (2015), the tenant lived in a second floor flat and had been taking out the rubbish when he tripped over an uneven paving stone in the path, between the front door of the block and the communal bins in the car park. As a result of the fall, the tenant injured his knee and was awarded £3,750 in damages.

Michael Portman, Managing Director of LetRisks comments: “Property owners are responsible under the Landlord and Tenant Act 1985 to ensure that their rental property is in good repair. This recent court ruling has thrown into question where the boundaries of responsibility lie for landlords, after the tenant successfully claimed for falling on a path to his block of flats.  There  was a legal right of access, but it wasn’t part of the structure of the building. This case also goes against the opinion of many agents that they need only act when the tenant has notified them of a repairing issue.  

Landlords are obliged to maintain any part of the structure or exterior, in which they have an estate or interest and should regularly inspect and maintain their properties at all times, to safeguard the tenant.

To help agents manage the risk for landlords beyond the boundaries of the property, LetRisks has introduced a free service to review the Landlords risk and recommend measures to reduce  any potential liability.  LetRisks has also negotiated special rates with insurers for landlords who may have an individual flat within a block and require a specific policy that covers them for their legal responsibility.”

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