Duty of care

Legal definition being -  liability of occupiers and others for injury or damage resulting to persons [lawful visitors] or goods lawfully on any land or other property from dangers due to the state of the property or to things done or omitted to be done there. 

The duty means taking such care that is reasonable in all circumstances by making sure that the visitor is relatively safe in using the property for its purpose. This applies to landlords whether occupier or not and applies more so for communal and common areas.

The landlord is liable for any injury caused to a visitor as a result of defects in the part of the building occupied or, by common areas that are the prime responsibility of the landlord. It is not only occupiers who may be liable to lawful visitors, but also those who have control over premises. For example, the landlord of a property may not be in physical occupation of it, but nevertheless he is likely to owe a duty to ensure that the property is safe for visitors, as he is in control of it. When it comes to an HMO the law is more complex for HMO deems the landlord is the person who collects the rent - or typically the Letting Agent where one is in use.