UK Landlord Forum / Life

Having just registered, this is the first time I have used the Forum.  I think it's a fantastic idea, and hope we can be mutually helpful in the future.

I have been renting out my one property since 24th March. New carpets were professionally fitted throughout the previous day.  A few days later, the co-tenant (wife) slipped on the stairs and injured her back, resulting in time off work.  Yesterday, I received the following e-mail........................

"I had to take my wife to A&E this morning after she slipped again on the stairs.  Fortunately, she did not suffer any major injury but will be off work for a week whist she recovers from sprained muscles in her back.
In order to avoid any future slips and potential serious injury, could you arrange to fit some kind of non-slip or grip bar on the edge of the stair treads ?"

Where do I stand here?  Firstly - is it my responsibility to fit anything to the stairs?  Secondly - if I did, could I be held liable for any future injury?

Thanks in anticipation
jonyl

Be wary of advice from a forum especially my own.
Always do your own research

Lets come to the cause of the injury in a moment....
You ask if you fit something to the stairs could you be held liable... You should be asking if you dont fit something to the stairs could you be held liable.
For this a simple answer can be found in the Defective Premises Act 1972
Under the act
the landlord has an obligation to the tenant for the maintenance or repair of the premises
the landlord owes to anyone who might be affected by defects a duty to of care, reasonable in all the circumstances so they are reasonably safe from personal injury caused by a relevant defect.

The duty is owed if the landlord knows (whether as the result of being notified by the tenant or otherwise) of the relevant defect.

There is a defintion of defect which rather broad and somewhat unhelpful but effectively means onus is on Landlord to protect the tenant through proper maintenance.

The question at hand is on the facts...why is the wife slipping (twice?) on the stairs.
Are they unduly steep? Is the carpet a cheap nylon slippery one? Is it improperly fitted to the stairs? Is she disabled? Has a walking impediment? Wearing slippers (pun intended)? Etc etc.....
The point here is twofold unless you know the actual cause then (a) you dont know if you are actually liable (b) you dont know which solution is to be applied - if any.  Although recently fitted carpet seems to indicate maintenance hence landlord issue.

Right now I woukd suggest you have a duty of care to act but that for now is to investigate what is the cause can it be fixed and so whether you can be held in breach of your duty of care.  If she does slip again and breaks her neck you need to be sure its not your fault...right now Landlords are about as popular as a kick in the teeth so its hard to see leniency being shown by a court.

Best of luck

I think it is a fair question to ask the Tenant - why do you think this person is falling down the stairs?

Maybe they're always pissed or hung-over. I fell down some stairs in an old terrace in Sheffield many years ago, broke 2 ribs... I'd drank nearly a bottle of vodka mixed with Tango (believe it or not). I went to the GP and asked what they could do - imagining that it would be something cool with lasers... I was told they can do nothing... imagine that, nothing in the 21st century. You just have to suffer with the broken ribs until they miraculously heal themselves. How did I cope with the pain? Well, consider that the Ibuprofen I was told to use did naff all... so I resorted to vodka. It worked much better.

Anyway, enough about me...

Would it be easier just to install a handle for your clumsy tenant?

I don't know much about legal shenanigans but I've found through experience if you just go along with it they're less likely to cause any trouble even if she did fall and break her neck, you did all you could.

Also suggest slipper socks.

You have to be really careful about staircases - the regulations are particularly detailed -I know this because I fitted one a few years back.
The gripper could dislodge and cause the fall it is intended to prevent.
Perhaps a local carpet fitter could advise.

I also know that broken ribs have to miraculously heal themselves.
Cocodomol gets you on a roll though..........

Thanks for all of your replies.
I arranged for the boss of the carpet fitting company to visit the tenants, and he checked that the carpet was perfectly ok, then advised the tenant to wear footwear that did not have slippery soles (slippers or socks with rubbery/textured soles).  Hopefully all will be ok.
jonkyl