Can landlords be held liable for defects in a property created by tenant damage or alterations? A recent High Court ruling has been discussed on two leading websites: TheEHP.com, an environmental health news and content website, and Inside Housing, a leading website and weekly magazine for housing professionals.

The case is Hannon v Hillingdon Homes, and in July the High Court made an important ruling which could impact on both social and private landlords.  The ruling has two key implications for personal injury cases in the UK: landlords may be legally liable to visitors for the acts of the tenant, and banisters are part of a building’s structure.

Background

Patrick Hannon was employed by a contractor of Hillingdon Homes Limited to undertake work on the boiler at one of Hillingdon’s properties. During a visit to one property, he suffered a serious ankle injury when he fell from a staircase which was not secured by a banister. The tenant had removed the banister some 20 years earlier for aesthetic reasons.

Although a number of Hillingdon employees had attended the property over the years, no reports were made to the landlord and the banister remained absent. There had been various workmen attending the property who had undertaken repairs or maintenance and there had been no other injuries due to the missing banister.

Mr Hannon sued Hillingdon Homes, the landlord, under the terms of the Defective Premises Act 1972 section 4, because he said the house was ‘defective’ and the landlord had a duty to protect him, as a visitor, from any ‘relevant defect’.

Hillingdon were found to be liable for the injury to Mr Hannon, even though it was the tenant of the property who had removed the banister. Mr Hannon was not found to be contributory negligent in any way.

The judge decided that the staircase was part of the structure and that the banisters were an integral part of the staircase. In the judge’s view ‘the absence of the banisters was a defect in the state of the property’.

The landlord argued that the tenant removed the banisters in breach of her tenancy agreement, so that the landlord’s repairing obligation was to the tenant, not to visitors. The judge found that the tenant’s deliberate acts were irrelevant, because the repairing covenant in the lease was unqualified.

The judge was satisfied that the fact contractors and other workers had attended the house was sufficient to warn the landlord of the defect. There was no evidence that visitors were even aware that the banisters had been removed, since no trace of them existed

Consequences

Although it may seem harsh, it is evident from the above decision that landlords, both social and private, can be made liable for any defects in the property as a result of tenant damage or alterations.

What should landlords do?

• Undertake checks of any work carried out by tenants - in this particular case, banisters were found to be part of the structure and remain the landlord’s responsibility to repair and maintain. 

• Conduct regular inspections to check the state of their properties and take steps to repair any defects. Full records should be kept of the condition of the property. 

• Ensure contractors are aware of when they should refuse to conduct works.

Environmental Health Protection articlehttp://theehp.com/2012/09/09/opinion-can-landlords-be-held-liable-for-defects-created-by-a-tenant/?utm_source=English+LA%27s+Mailing+List&utm_campaign=1e0f1cba88-This_Week_at_theEHP_03_Sept_07_Sept9_10_2012&utm_medium=email

Behind closed doors article:
http://www.insidehousing.co.uk/behind-closed-doors/6522952.article

First published: December 2012

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