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LANDLORDS BEWARE!

The High Court has held that a landlord was liable to pay damages after a child suffered brain damage when she was electrocuted in the back yard of her parent’s rented home. The electrocution occurred because of two electrial defects. The first was a defective neutral link which had resulted from a disconnected earth wire. The second was associated with the electrical stove in the home. Two days before the accident, the child’s mother notified the landlord that the stove was not working. A licensed electrician was sent to carry out the repair.

The Court held that the landlord was negligent in failing to inspect the switchbox before letting the premises. Had it done so, in all likelihood it would have detected the first defect. The landlord’s duty in this respect is limited to defects in the premises at the time when the tenant is let into possession, and concerns only patent defects which were either known to the landord or of which it should have, upon reasonable inspection, become aware. Once a tenancy commences, there is a change in the relationship which bears on the landlord’s liability in negligence. By then it is the tenant who is in a position to ascertain and control the state of the premises. It is only when the tenant informs the landlord of any defects that he or she becomes aware of their existence.

The message from this case is clear:

1.prior to letting any premises, engage suitable experts to go over the property and ensure it is safe; and

2.act immediately when your tenants report a problem concerning the qualitative state of the premises.