25th
Feb 2013
Over the last two years a single insurance company has received Tenant claims totaling in the region of £1.7 million and this highlights the importance of landlords covering themselves properly by taking out adequate insurance cover for accidents in or outside of their rented properties. Slips, falls and trips suffered by tenants that occurred within the property where the landlord is responsible, although being accidental nevertheless can cost a landlord huge sums of money if their insurance policy does not properly cover them for these type of incidents. Today’s society is far more litigious.
The Insurance Company reports that in an ongoing case they are handling, because a friend and guest of a tenant fell from a set of stairs, the person is claiming that the stairs were not ‘fit for purpose’. The claimant is young, and if the landlord is found to be at blame, then the cost of the claim could escalate into millions with potential loss of earnings and ongoing care.
The landlord involved is protected by his public liability insurance which not only covers any damages which might be awarded to the claimant but also the legal costs of defending the claim and the claimants’ legal costs if the landlord is found at fault. The frightening legal fees alone are expected to be in the region of hundreds of thousands of pounds.
Check your insurance making sure you have public liability - for if under insurance or inappropiate insurance a landlord could be at risk for being personally liable for a Tenant/Guest.
With regards the claim that the Stairs being Fit for Purpose - This can be argued to be a requirement under
Housing
Health and
Safety
Rating
Systenm (
HHSRS Overview ) This is the measurement of fit for purpose and defines risk of fall to the Tenant or Guest as a category risk see
The 29 Hazards HHSRS
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