Common Negligence Claims Between Tenant And Landlord

Law Blog

Problems between tenants and landlords appear on a regular basis. It is one of the most common reasons for people to go to a county court, and many of the claims are due to negligence. Knowing the most common negligence claims between tenants and landlords could help you—both as a tenant or as a landlord—to make sure problems don't arise in your home.

Injury Due to Poorly Maintained Elements

Injury claims are among the most popular, usually because the landlord has failed to maintain a particular element in the property. Those who own buildings can find themselves at more risk, as they have more to maintain on a regular basis.

Landlords have a duty of care to ensure the buildings are safe. This includes communal areas, stairways, entrances and windows. Of course, tenants have a duty to declare problems to landlords when they happen. If the landlord cannot realistically know the problems are there, then he or she is not at fault.

Renting to a Known Threat

Other tenants can sue a landlord when the landlord has rented a property to a known threat. It could be a known criminal or something with a previously bad reputation. If it puts other tenants at risk, they have a right to go after the landlord. He has a duty of care to keep everybody safe.

This can be difficult, as landlords may not know the person. This is why references and background checks are important. The tenants will also have a reasonable duty of care to inform the landlord if anything illegal is happening or there have been issues without the landlord knowing.

When Repairs Do Not Happen

Some repairs won't cause injury but they can be an inconvenience. For example, a broken window is a break-in threat or a broken roof is a risk to flooding. A landlord has to make sure the property is in a liveable standard.

Repairs need to happen within a "reasonable" time. Weather conditions can affect the amount of time it takes to perform repairs. For example, if tiles blow off in stormy weather, roofers will need the stormy weather to pass before repairs can happen. If the repairs still do not happen and it affects quality of life or breaks the rental agreement, then negligence claims are common.

These are three of the biggest reasons for negligence claims. It's worth knowing your rights as a landlord or a tenant to make sure the property is suitable and protected. Contact a law office like Milne Pritchard Law Office for more information.


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