Who Is an 'Occupier' and the Control Test
The Occupiers' Liability Act 1957 uses a common law control test: an occupier is anyone with a sufficient degree of control over the premises that they ought to realise failure to exercise care may result in harm to lawful visitors — Wheat v E. Lacon & Co Ltd [1966]. A landlord who grants an exclusive tenancy of the entire property surrenders control and is not the OLA 1957 occupier of the let premises (the tenant is). A landlord who retains control of common parts (staircases, corridors, car parks, gardens, lifts) is the occupier of those parts. Multiple occupiers can coexist simultaneously. The Defective Premises Act 1972 s.4 extends the landlord's duty: where the landlord has a repair obligation and is in breach, the landlord owes a duty of care to all persons who might reasonably be expected to be affected by the defect — beyond just the tenant.
Common Duty of Care (OLA 1957) and Trespasser Duty (OLA 1984)
OLA 1957 common duty of care: take such care as is reasonable in all the circumstances to see that lawful visitors are reasonably safe in using the premises for the purposes for which they are invited. Lawful visitors include tenants and their guests, contractors, council inspectors, and delivery drivers. Children: the occupier must be prepared for children to be less careful and guard against allurements — what is safe for an adult may not be safe for a child (OLA 1957 s.2(3)(a)). Skilled visitors: an electrician or contractor is expected to guard against risks arising from their calling (OLA 1957 s.2(3)(b)). Warning notices: a warning discharges the duty only if sufficient in the circumstances to make the visitor reasonably safe — a generic disclaimer rarely suffices. OLA 1984 (trespassers): a duty arises only if: (i) the occupier is aware of the danger or has reasonable grounds to believe it exists; (ii) knows trespassers are in the vicinity; and (iii) the risk is one the occupier may reasonably be expected to guard against. Personal injury only (not property damage). Child trespassers are foreseeable near schools or parks.
Practical Risk Management for Landlords
Identify all areas you control: document common parts, car parks, gardens, plant rooms, roof access, basement access — risk assess and document each. Regular inspections: monthly minimum for residential common parts; document date, findings, and remedial action taken — inspection records are critical evidence in claims. Hazard reporting: implement and respond to a tenant hazard reporting system promptly — delay after notice significantly increases liability. Lighting: adequate lighting on staircases and common areas is one of the most consistent sources of OLA 1957 claims. Public liability insurance: minimum £5M for residential blocks; £10M for commercial premises; verify the policy expressly covers occupiers' liability in common parts. DPA 1972 compliance: if your tenancy agreement creates a repair obligation, comply promptly — a landlord in breach owes a duty to all foreseeable third parties, not just the tenant. The Unfair Contract Terms Act 1977 and Consumer Rights Act 2015 prevent excluding liability for death or personal injury from negligence.