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#1 Posted : 07 July 2006 09:42:00(UTC)
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Posted By RA Hi All, Would any of you out there be able to shed any light on H&S and rental properties- these range from agricultural land, apartments to three-storey houses? I am aware of most of the risks but I am seeking clarification on how far does the landlords duty of care extend or does it depend on how the contract is written. I am also seeking clarification on the subject of tresspassers- how far would a landlord have a duty of care regarding tresspassing. Is there any unusual risk that I should be aware of? And if the tenant decides to carry out any DIY without giving any notice and an injury results- what are the landlords duties regarding this also? Thanks in advance, RA
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#2 Posted : 07 July 2006 13:06:00(UTC)
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Posted By Bob Youel Landlords have many duties etc under many differing statute and common law - try your local council for info - problem is that many landlords think of the £ first & last & many of those that have to use them are in a vulnerable position Note: Most landlords in UK are v-good [personal experience]
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#3 Posted : 07 July 2006 15:08:00(UTC)
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Posted By Ali The new Housing H&S Rating System is already in place. This is what Housing Depts in UK use to assess rental properties conditions - previously "fitness standard". Contact your Housing Environmental Health dept for more detailed guidance. Ali
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#4 Posted : 08 July 2006 03:56:00(UTC)
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Posted By DJ Landlords duties generally fall into main categories: 1. Contractual duties, for which there needs to be privity of contract with the landlord; 2. Statutory obligations including HSWA (as the landlord is usally a business)and Occupiers Liability, which includes (under OLA 84) a duty to trespassers. As has been previously stated, there is also a raft of other 'property' legislation that might also apply to the landlord. I hope this helps. Regards. DJ
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