Negligence
As a tenant, you can hold builders,1Gallagher v McDowell Ltd [1961] NI 26 developers,2Batty v Metropolitan Property Realisations [1978] QB 554 architects and engineers3Cedar Transport Group v First Wyvern Property Trustees Co [1981] EG 1077 liable for their work in building or developing your home if that work was carried out negligently4s1 DPA 1972 and it caused damage to you or your property or belongings.5Murphy v Brentwood DC [1990] 3 WLR 414 Local authorities may also be liable for negligence if they fail to inspect properly the plans for, or the site of, your home or to enforce the appropriate building regulations.6Murphy v Brentwood DC [1990] 3 WLR 414 From 1 April 2024, new standards are being phased in for Scotland in relation to heating and water systems and energy efficiency.7The Building (Scotland) (Amendment) Regulations 2023 No.177 If a landlord has repairing obligations, they are also under a duty to make sure that anyone else who could be expected to be in the premises will not suffer harm from any disrepair.8s4 DPA 1972; s3 Occupiers’ Liability (Scotland) Act 1960 Effectively, this extends the repairing obligations to your guests and family members, such as your children, even though they are not parties to the tenancy itself. In England and Wales, this duty is specifically extended to situations where the works are carried out before a tenancy is granted.9s3 DPA 1972 Your landlord is treated as having such repairing obligations if they have reserved the right to enter your home to carry out any maintenance or works of repair.10s4(4) DPA 1972 Unlike the repairing obligations set out in the previous section, your landlord can be liable under this duty in England and Wales not only if you have given them notice of any problem, but also if they ought to have known about it.11s4(2) DPA 1972 Electricity and gas can be dangerous. You are protected by safety regulations which prescribe standards and methods of installation of meters and other equipment for the supply of gas or electricity.12GS(IU) Regs; Meters (Approval of Pattern or Construction and Manner of Installation) Regulations 1998 No.1565; Meters (Certification) Regulations 1998 No.1566 as amended by 2002 No.3129 A landlord carrying out work on the premises must comply with such standards and is also under a duty to use reasonable care to ensure the safety of those who might be affected by the work.13AC Billings & Son v Riden [1957] 3 All ER 1 Failure to meet the appropriate standards may be negligence. The main remedy for negligence is to claim damages in a court action. These are assessed to put you, as far as possible, in the position you would have been in had there been no negligence. Legal advice is essential.
Landlords are bound by the Gas Safety (Installation and Use) Regulations 1998 to maintain in a safe condition gas fittings and flues which serve any relevant gas fitting14s30A HA 1988 and keep records for two years. A landlord must supply a copy of any gas safety record, which may be required by the Gas Safety (Installation and Use) Regulations 1998, with the tenancy details and agreement.15Reg 36(2) GS(IU) Regs