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Landlord responsibility / liability question

3 replies

lottiegarbanzo · 08/01/2013 10:18

I've let out a house before and know about the basics like the gas certificate, electrical periodic report, landlord insurance, tenancy agreements and tax.

Thinking of letting out a victorian terrace house I've lived in but can't sell, I'm wondering what the broader standards or potential liabilities are, in terms of building construction and fittings. Not so much maintenance, which has all been with reputable tradesmen.

For instance the stairs to the second floor are very steep - typical in these houses. Does that matter and should I be meeting any particular present day standards in terms of hand rail and carpeting for example?

Victorian building standards will have been different from present day ones and while I know that any new building work requires a building regulation certificate, even that is according to the standards in force at the time, not now.

Are there requirements for updating original features and fittings, or confirming they meet current standards? If they don't and an accident happens e.g. Someone slipping on the stairs, tripping on a raised hearth or hitting their head on a low door, am I liable, or is it a case of renter beware?

Obviously I can apply common sense. What I really want to know is are there any legal standards or enforceable guidelines that apply?

It's amazing how different a property looks when thinking of entering into a contract for someone else to live there than just happily living there oneself!

OP posts:
specialsubject · 08/01/2013 10:30

I'm just a monkey with a keyboard who has also been a landlord, so do check - but I don't think that you have any issues beyond that common sense. So the banisters need to be solid, the carpets securely fitted and maybe a discreet piece of padding applied to that low lintel.

tenants will look before renting, and it is up to them to decide if they can manage the stairs or not - you won't be renting to someone elderly or disabled. Beyond that, tenants need to look where they are going, like anyone else, and you just need the usual liability insurance in case some total dipstick does sue you for their idiocy. The latter applies to any property.

there are plenty of Victorian terraces let out in my local town.

lottiegarbanzo · 08/01/2013 18:30

Thanks, that's what I'd assume too. I suppose I want a legal opinion about 'what if'. I'll attempt a link to the legal board.

I recently showed someone round who was heavily pregnant. I was thinking during the viewing 'please don't slip on the steep stairs'. Obviously her choice and she didn't take it, maybe that was a reason. That's where this has come from.

On the stairs to the second floor (third bedroom only), the stair rail, fixed to the wall is a rope rail I fitted that is not designed to be especially robust. That could be changed. On the other side, I think according to the original design, there is an open section at the bottom, with no rail at all, which as an adult you hardly notice, but a child would have a few steps unprotected, to a height of less than a metre. Of course something could be fitted across the gap.

I suppose, taking that example but thinking more generally, I'm wondering whether I can simply say 'the house is fine for an able-bodied adult, be aware that these stairs are steep, the stair-rope may not hold your weight and there's a gap here' and leave it for them to ask me to make any reasonable alterations, or whether I make that offer, or just make the changes in case. Where would responsibility lie if a 'what if' scenario happened?

OP posts:
Anifrangapani · 08/01/2013 20:20

The Tennants Services Authority has links for landlord advice. Makesure you go to the old pink website not the HCA website.

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