Negligence simply refers to an act or omission on the part of a person who owes the other a duty of care. Landlords can be held liable for negligence when they do or fail to do something which consequently causes the tenant to suffer injuries and damage. As a tenant, all that is required for you to prove landlord negligence is the following three things:

1.The landlord owed you as a tenant the duty of care.

2.That he breached the duty of care, and

3.As a result of the breach you suffered harm.

Here are some of the instances a tenant can sue the landlord for negligence.

1.Failure to maintain residential premises.

It is the duty of the landlord to maintain the residential premises and make sure that the place is fit for human habitation. If there are any issues that call for repair, the landlord should arrange and have the premises repaired within a reasonable timeframe. The repairs could include broken water heaters, faulty electrical wiring, rodent or mould infestation, leaking roof etc. A tenant is only supposed to repair the house when it is his fault that the premise is damaged. For instance, if a tenant wanted to mount a TV to the wall and as a result damaged an inbuilt pipe, the tenant will have to bear the costs of repairing both the wall and the pipe.

2.Failure to disclose property hazards.

The landlord is supposed to disclose any defects affecting the premises that he might be aware of or ought to be aware of. It is an act of negligence on his part to fail to disclose this information to you. For instance, if the house is affected by mold, or lead paint hazards, he should disclose the same. Failure to do so, you can sue him for landlord negligence.

3.Personal injury

If you happen to get injured at the rental premises due to a landlord’s negligence, you can file a suit against him. For instance, if you slipped and fell due to the absence of a proper banister in the stairwell, then you can sue the landlord for negligence.

4.Derogation from grant.

As a tenant, you probably have a lease agreement with your landlord. If the premise is purely for residential purposes, your landlord cannot defect from the terms of the agreement. For example, he cannot let out the house next door to be used as a brothel yet you just moved in with your young family. That in the law is illegal, he cannot give you rights to the property with one hand and take them away using the other hand. That is the doctrine of non-derogation from grant.

In conclusion, landlord negligence can be a serious cause of action if the damage caused is great. As a tenant, you ought to be aware of your rights and duties in order to be safe from instances of landlord negligence. If you need any further information or have any queries regarding landlord negligence, feel free to get in touch.