Landlords need to carefully consider whether their tenanted properties might give rise to any occupier liability problems and, if so, consider addressing them to avoid getting caught in a negligence claim.
Under the Occupiers’ Liability Act 1957, occupiers have a duty to take reasonable care that visitors are reasonably safe in using the premises. In the recent case of Piccolo vs Larkstock, Mr Piccolo slipped on some wet flower petals in a concourse of a railway station near a florist’s stand. He sued the tenant Larkstock along with the landlord, Chiltern, for negligence and breach of duties under the Occupiers Liability Act.
Mr Piccolo attempted to argue that the landlord, Chiltern had:-
• Failed to take sufficient steps to ensure its tenant had a safe and effective cleaning system.
• Should have instructed its own cleaners to deal with spillages.
• Should have followed up letters and reprimands with stronger threats of forfeiture of Larkstock’s lease.
The court found the landlord was not in breach of its duties as it found that the landlord had taken adequate steps to try to ensure the tenant operated a safe and efficient cleaning system. Therefore the landlord had taken reasonable steps to deal with the issue.
The court did, however, state that the landlord could have taken more stringent steps to deal with the issue.
Therefore, is it strongly advised that landlords should consider if any general repair and/or cleaning covenants in a lease sufficiently address occupier liability issues to protect the landlord against negligence claims when a tenant has breached their duties. Particularly so where communal areas such as staircases, corridors or concourses are accessed by the public.
If you have any queries about your lease or want to ensure your lease does offer adequate protective covenants, please contact either David Heys on 0116 212 1027 or Katherine Cereghino on 0116 212 1148 now.
