Explanation of Landlord Duty of Care

Landlord duty of care is a term used to depict the responsibilities of a landlord towards the property and towards the tenant.

The quintessential purpose of landlord duty of care is to ensure that a tenant doesn’t face any foreseen or unforeseen circumstances owing to no fault on his or her part. In other words, a landlord is supposed to do everything that is needed for the welfare of the tenant’s stay in the property.

Ensuring the Safety of the Property

At the very crux of the landlord duty of care lays the need to ensure that the property is safe and is habitable.

To achieve this, a landlord must be aware of the property’s condition, the problems that may exist or the fixes that need to be catered to.

Every property undergoes depreciation in regards to its infrastructure.

It is the landlord’s responsibility to ensure that there are no problems with the property that may cause tangible or intangible harm to the tenant and all those who would visit or stay at the property.

Performing a Property Inspection

A landlord is thus required to conduct property inspection at the time of letting it to a tenant and at the time of renewing the contract or when a new tenant comes in.

This property inspection process would highlight any problems in the property which the landlord must subsequently fix.

Dealing with Repairs

There is another aspect of landlord duty of care that deals with ongoing problems.

A property may suffer damages or may need some repairs during the time a tenant is staying in it.

The rental agreement must clearly state what kind of repairs or damages the landlord would take care of and what the tenant would be responsible for.

A landlord can simply adhere to the clauses in this regard.

If there is some problem for which a tenant is to be blamed, the landlord doesn’t have to share responsibility.

Dealing with Issues as They Arise

Another major element of landlord duty of care is to ensure that the setting of the property or the property itself doesn’t have any unapparent problems which the tenant must have been told about.

For instance, there may be asbestos or lead paint, there may be some rodent infestation or termite damage and there can be a number of different problems in a property that may not be obvious but be omnipresent nonetheless.

A tenant must be made aware of these or the landlord must get these fixed prior to letting a tenant in.

Posted on Mar 26, 2014


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