Landlord's liability and defective premises

A recent, tragic case has shone the spotlight on the responsibilities of landlords in relation to keeping their premises in a good state of repair.

A recent, tragic case has shone the spotlight on the responsibilities of landlords in relation to keeping their premises in a good state of repair.

A well drafted lease should clearly specify the responsibilities of the landlord and the tenant in relation to who repairs the inside of the building and who repairs the outside.

The case was complicated in that there were commercial and residential parts of the building and there were a number of different landlords, but the central facts are that Mr Dodd and his wife were visiting a flat in Notting Hill. They were on their honeymoon and it was Christmas Day.  As he left the flat, Mr Dodd fell down the stairs from the first floor and hit his head. He suffered a major brain injury from which he died some two years later. His wife brought a claim against the landlord of the building claiming that the stairs were dangerous as there was no handrail and this was the primary reason for his her husband's fall.

It was established that the relevant leases had been poorly drafted so the responsibility for issues such as stairs and handrails was not as clear as it should have been. However a central fact of the case is that the stairs at the centre of the case had been in their current condition for 12 years. The court held in favour of the freeholders and Mrs Dodd's claim failed although the court did say that this conclusion was 'not without regret'.

The case prompted consideration of the provisions of the Defective Premises Act 1972 and in particular what would constitute a 'relevant defect' which might give rise to liability under the Act. The court found that the term 'relevant defect' did not extend beyond the landlord's repairing obligation and did not impose an obligation to remedy inherent defects or to take steps to put premises into a safer condition.

This sad case is a reminder for landlords to ensure that their leases are drafted as clearly as possible in the first place and to ensure that appropriate risk assessments and health and safety checks are conducted in relation to their premises.

Case: Dodd v Raebarn Estates Ltd and others [2016] EWHC 262 (QB)

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