Landlord Duty of Care

Occupiers' Liability for Landlords UK

Occupiers' liability for landlords: Occupiers' Liability Act 1957 (common duty of care to lawful visitors � tenants, guests, contractors); OLA 1984 (limited duty to trespassers and non-visitors); Defective Premises Act 1972 s.4 (extends duty to all persons where landlord has repairing obligation); Wheat v Lacon [1966] (occupier = control, not title); common parts maintenance; lifts (LOLER 1998); HMO Management Regulations 2006; Scotland: OL(S)A 1960 (single duty standard).

10 min readUpdated 7 June 2026Last reviewed: 17 May 2026occupiers-liabilityduty-of-careola-1957defective-premises-act

OLA 1957 � Duty to Lawful Visitors

Occupiers' Liability Act 1957: common duty of care to all lawful visitors (tenants, family, guests, contractors, delivery drivers). Wheat v Lacon [1966]: occupier = party with control of premises � landlord controlling common parts owes duty to anyone using those parts. Duty: take such care as is reasonable in all circumstances to ensure visitors are reasonably safe. OLA 1957 s.2(3)(a): higher duty where children expected to be present.

OLA 1984 � Duty to Trespassers

Occupiers' Liability Act 1984: more limited duty to trespassers and non-visitors. Duty arises only if: (i) danger is known; (ii) trespasser's presence foreseeable; (iii) protection against the risk is reasonable. Standard: take reasonable care to prevent injury from the danger. Children trespassers on unfenced sites: courts more readily impose OLA 1984 duty. Practical precautions (fencing, lighting, locked gates) discharge the duty. Cannot contract out (OLA 1984 s.2).

Defective Premises Act 1972 s.4

DPA 1972 s.4: where landlord has a repairing obligation (contractual or statutory), owes duty of care to all persons reasonably likely to be affected by defects � including third-party visitors to the tenant's own flat. Constructive notice: landlord treated as knowing of defect once they have reasonable grounds to know (tenant reports; periodic inspections). Cannot exclude (DPA 1972 s.6). LTA 1985 s.11: repairing obligation implied into all residential tenancies under 7 years � covers all AST landlords.

Common Areas � Practical Maintenance

Stairwells: adequate lighting; handrails in good repair; non-slip treads; prompt repair of defects. Lifts: LOLER 1998 � statutory examination every 6 months (passenger lift); documented by competent engineer; records kept minimum 2 years. External areas: paths, steps, car parks maintained; gritting in icy weather. HMO Management Regulations 2006 Reg 4: manager must keep common parts clean and in good repair; lighting; fire precautions. Document all inspections in writing with dates and findings.

Scotland and Northern Ireland

Scotland: Occupiers' Liability (Scotland) Act 1960 � single Act; 'reasonable care in all circumstances' standard; no visitor/trespasser distinction. Repairing standard: Housing (Scotland) Act 2006; PRHP replaces DPA 1972 for Scottish residential. NI: Occupiers' Liability Act (NI) 1957 and OLO (NI) 1987 � broadly mirrors England and Wales. Building Safety Act 2022: additional duties for responsible persons in higher-risk buildings (18m+) � layer above OLA duties.

Frequently asked questions

What duty of care does a landlord owe to tenants and visitors?+

A landlord who retains control of common parts owes the OLA 1957 common duty of care to all lawful visitors. The Defective Premises Act 1972 s.4 extends duty to all persons who might be affected by defects in any part of the property where the landlord has a repairing obligation. Both duties cannot be excluded by the tenancy agreement.

Can I be liable for injuries to trespassers on my property?+

Yes � under OLA 1984, but only if the hazard is known, the trespasser's presence is foreseeable, and protection is reasonable. Children trespassers on unfenced sites are the main risk. Practical precautions (fencing, lighting, locked gates) help discharge this duty.

What should I do to minimise occupiers' liability risk?+

Conduct and document regular inspections of common parts; respond promptly to defect reports; maintain adequate lighting; keep lifts examined under LOLER 1998; ensure stairwells have handrails and non-slip treads; maintain adequate landlord liability insurance; and keep written records of all maintenance and repair work.

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