Post-Accident Responsibilities

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Post-Accident Responsibilities

    Hello all,

    Quick question regards to Health and Safety and responsibilities etc:

    Should T have an accident in the home, say falling over and hurting themselves and the property in the process, who is responsible for taking care of damage to the property?


    For example, if they fall down the stairs and pull the banister off with them, assuming said banister was safe and secure in the first place, who is responsible for putting it back up again?


    Your thoughts/ advice/ suggestions are as always appreciated

    Thanks

    aC

  • #2
    Originally posted by Alleycat View Post
    For example, if they fall down the stairs and pull the banister off with them, assuming said banister was safe and secure in the first place, who is responsible for putting it back up again?
    Poor example. If the bannister came away when they tried to stop themselves falling downstairs then by definition it wasn't safe and secure in the first place (since that is what it's there for). Down to the LL to repair and hope there's no damages claim from the tenant!

    Alternative scenario - tenant manages to trip over his own chair and lands on your coffee table, breaking it (and his arm) in the process. Then he'd clearly be liable for cost of the table (and you wouldn't be liable for his injury).

    Comment


    • #3
      I agree with Eric. If you as LL have taken all reasonable care to ensure the property is safe for everyday living, then the T is responsible for him/herself and any damage/injury which happens, whether by their own negligence, freak accident, wilful action, general stupidity, drunkenness, etc.

      I suppose there is some room for argument about what constitutes 'all reasonable care' and this may be what it turns on if T sues, but if you have ensured gas & electrical safety, maintained your property and any contents and done an intelligent risk assessment before a tenancy, I cannot think you have too much to worry about.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


      • #4
        Originally posted by Ericthelobster View Post
        Poor example. If the bannister came away when they tried to stop themselves falling downstairs then by definition it wasn't safe and secure in the first place (since that is what it's there for). Down to the LL to repair and hope there's no damages claim from the tenant!

        Alternative scenario - tenant manages to trip over his own chair and lands on your coffee table, breaking it (and his arm) in the process. Then he'd clearly be liable for cost of the table (and you wouldn't be liable for his injury).

        You're right: bad example, it's not what prompted this post initially anyway, but thanks for your reply, it's helping to make clearer an area that I'm not too sure about at the mo!

        Comment


        • #5
          If T ever claimed against L, L's first response must always be to refer it to insurer (property insurance for house; or block policy for flats).
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            Originally posted by jeffrey View Post
            If T ever claimed against L, L's first response must always be to refer it to insurer (property insurance for house; or block policy for flats).
            I agree, however many LL insurance policies specifically exclude damage (whether wilful or accidental), done by tenants or their guests.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment

            Latest Activity

            Collapse

            • Tenant's energy debt.
              Gordonmrln
              I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
              20-07-2017, 22:08 PM
            • Reply to Tenant's energy debt.
              mariner
              AFAIK LCS are just collection Agents for B Gas, not Bailiffs. They have to get B Gas approval for further action.
              Did you/wife receive/request actual B Gas itemised Bill for disputed period?
              Talk to B Gas Debt team.
              You may have to provide evidence of identifiable start/end meter readings
              ...
              27-07-2017, 03:48 AM
            • One tenant moving out and two remaining - who pays for the checkout/inventory?
              IoIo
              Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

              Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Three people all listed as the Tenant under the agreement

              Q3 – What date did current...
              26-07-2017, 16:38 PM
            • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
              mariner
              IOLO brownie points for providing required info upfront.
              As LL, I normally pay for move in report and T for move out report.
              Joint Ts are equally liable for 1 report.
              2 ways seem avail to you-
              1. Complete a move out condition report in first week of Aug and claim for any T damage...
              26-07-2017, 23:23 PM
            • Reply to Tenant's energy debt.
              Gordonmrln
              Dear wright76, I don't have a mental condition, but a learning disability I suffer with Dyslexia and have been psychologically tested and diagnosed with the Dyslexia condition. It seems that everything I've said or tried to do so far here is all negative and I'm doing everything wrong apart from sending...
              26-07-2017, 23:01 PM
            • Extremely anti-social and criminal tenant -Section 8
              BouwensPB
              I have an extremely anti-social and criminal tenant. My neighbours think she is possibly a sex worker and drugs abusing and dealing. She has made a witnessed and CCTV sited assault on one neighbour and has verbally abused others. 3 crimes have been reported and the local authority talk about making...
              26-07-2017, 16:09 PM
            • Reply to Extremely anti-social and criminal tenant -Section 8
              AndrewDod
              Quite. Explain how you managed to get this tenant in the first place - and via some shady outfit as well. Seems as if all eyes were off all balls....
              26-07-2017, 22:56 PM
            • S21 or S8 to evict a tenant
              BlueMystery
              I have a tenant who the local council have provided the deposit bond for. He has been nothing but a pain paying his rent and has always been 1 month late or 6 weeks maximum, paying at the end rather than the beginning. He was initially on a 6 months AST, which reverted to one month rollover in the absence...
              26-07-2017, 19:21 PM
            • Reply to S21 or S8 to evict a tenant
              KTC
              That ....
              26-07-2017, 21:41 PM
            • Long Term Tenant - how to protect both LL and Tenant
              Paul4321
              Hi All,

              I'm hoping for a little guidance. I'll almost certainly be following up with some professional advice but hopefully some folks here will have been in a similar situation and can offer some advice. I have done a quick search but not found anything obvious.

              I already...
              20-07-2017, 10:07 AM
            Working...
            X