Loose Steps, Paving and Handrails in Rental Properties

In the UK, the Royal Society for the Prevention on Accidents – known as RoSPA, state that more accidents occur in the home than anywhere else. In fact, 2.7 million people a year are treated in hospital A&E department for injuries sustained in homes. RoSPA claim that many accidents at home can be avoided by raising awareness and measures should be taken to make homes safer.

For tenants living in rented accommodation, there will be certain aspects of home safety that are beyond their control.

Significant disrepair issues, such as loose steps, paving or handrails should immediately be reported the managing agent or landlord, as landlords have a legal obligation to provide a safe living environment for their tenants and failing to meet health and safety measures resulting in injury to their tenants, could result in legal action. Strict rules are set out in the Landlord and Tenant Act 1985, that take precedence over any contradictory clauses in a tenancy agreement. Under this Act, landlords are responsible for ensuring that their rental property is fit for human habitation and properly maintained, both inside and out. Tenants are protected by Common Law, which describes the implied terms of a tenancy agreement that require the property to be safe for tenants and visitors to use.

What are the landlord’s responsibilities?

To ensure that…

• The property is safe to live in and in a reasonable state of repair prior to check-in
• Any paving, steps or handrails that become loose during the tenancy are repaired, as this is still the responsibility of the landlord, being a health and safety hazard to their tenants
• The property can withstand normal use by tenants and visitors
• The property can withstand normal weather conditions
• The property is free from damp and is well-ventilated

What injuries could result in a claim?

There are many varied circumstances where a landlord could be liable for a tenant’s injury or illness. It is highly unlikely that a landlord could be liable for injury to a tenant by their own furniture or possessions, however, they could be liable for injury caused by uneven floorboards, badly fitted or worn carpets, or vinyl flooring causing trip hazards. Bannisters, handrails, and poorly maintained staircases are a danger.

Outdoor spaces may have poor lighting, uneven or loose paving slabs and broken and poorly maintained steps, which are all unsafe for tenants.

Landlords will be liable for any injury caused to a tenant if a solicitor can prove that it was caused through negligence. A landlord may also be liable if the tenant’s injury is related to a statutory duty that the landlord failed to fulfil. The tenant’s solicitor must prove that the landlord was aware or should have been aware of the defect that led to the injury, however, if the landlord was unaware, or there was no way that the landlord could reasonably been aware, the landlord will not be held accountable.

What are the tenant’s responsibilities?

Tenants may have to pay for repair costs of anything they or their friends and family have damaged.

Tenants must not attempt to carry out repairs unless the tenancy agreement states they can. Tenants also cannot be forced to repair anything that is the responsibility of the landlord. Tenants should be encouraged to inform their landlords or managing agents of any defects or hazards in their rental property as soon as possible. This notice allows reasonable time for repairs to be carried out. Reasonable time may be determined by the characteristics of the tenant, e.g., if the tenant is not fluent in English and they are injured due to a defect with the property, the landlord may be still liable for the injury, if the warning signs are written in English.

Tenants must grant reasonable access to a managing agent or landlord, and to any relevant workers, to enable repairs to be carried out properly and in a timely manner. Landlords should give at least 24 hours’ notice requesting access at a reasonable time of the day.

What about landlords’ insurance?

If a rental property is not ‘fit for human habitation’ tenants can take their landlord to court under the Homes (Fitness for Human Habitation) Act 2018. The court can make landlords carry out repairs or put right health and safety issues. Compensation awarded to tenants can run into thousands of pounds, even for less serious injuries, as the compensation will include general damages representingthe pain and suffering caused and special damages consisting of the financial losses the tenant has endured. These losses can include treatment costs, damage to belongings, and travel expenses.

Landlords’ insurance is not a substitute for a landlord’s maintenance and repairs obligations – if they fail to fulfil their obligations the policy may be void or the insurer may sue the landlord to recover costs.

Landlords’ liability insurance offers protection against the cost of both fighting a claim and the cost of the compensation, id the tenant’s claim is successful. Landlords’ insurance also ensures that, if a tenant does sustain life-changing injuries, the tenant will be able to secure the financial support they will need in the form of compensation.

To avoid any unnecessary legal issues, landlords and tenants should seek to build a positive relationship, which will also encourage the tenant to be flexible should any emergency repairs need to be conducted. It will also make the claims process less stressful and costly for all parties.

What part can Proptech play to ensure smooth tenancy for all parties?

More agents are investing in property habitation software for benefits that go beyond inventory reporting, which can save time and money for everyone involved and provide confidence that properties are fully FFHH covered – a small price to pay for an invaluable return.

KPR, provides habitation software to ensure peace of mind and helps towards the smooth running of a letting agent’s portfolio, and includes:

• Professionally presented information sheets bearing your company branding offers tenants the tools to ensure that their upkeep of the property is sufficient.
• Automated scheduling and reminders, such as certificate expiration dates, and testing for smoke detectors and CO monitors, ensure every detail is covered.
• Offers tenants the ability to carry out their own Midterm report, saving agents time and minimising visits. 
• Secure storage for date and time-stamped documentation and certificates
• Simple communication between agent and tenant, all in one place.
• Our automation software with reminders ensures that you stay compliant, so you never miss a deadline, and certificate renewals will never be overlooked.
• Our software features a tenant portal with exclusive access to direct communication between tenant and the managing agent and swift repairs reporting using a unique QR code for their property.

At KPR we understand the demands of the industry and strive to address the issues agents and property owners face. We have our own in-house development team with knowledge of modem technology and methodologies, which keep KPR software current, and always focusing on the next level.

If you would like to speak with us about how we can assist you and your business. feel free to speak with our helpful team today!

0208 542 2333

hello@kpr.global