The landlord's duty and unsafe premises

Case note on Sheehy v Hobbs [2012]. It is well established that a landlord owes a tenant a duty of care to “take reasonable care to avoid foreseeable risk of injury to their prospective tenants and members of their household”.1 What often arises is the question of how far the scope of that duty extends. In Sheehy v Hobbs [2012] QSC 333 the plaintiff was injured when she fell down a flight of internal stairs of the townhouse she leased from the defendants. The plaintiff claimed damages for a breach of duty owed to her in negligence, and also alleged breaches of the duties owed to her pursuant to s 103 of the Residential Tenancies Act 1994 (Qld) and her tenancy agreement.

UK commercial property lease structures: Landlord and tenant mismatch

UK commercial property lease structures have come under considerable scrutiny during the past decade since the property crash of the early 1990s. In particular, tenants complained that the system was unfair and that it has blocked business change. Government is committed, through its 2001 election manifesto, to promote flexibility and choice in the commercial property lettings market and a new voluntary Commercial Leases Code of Practice was launched in April 2002. This paper investigates whether occupiers are being offered the leases they require or whether there is a mismatch between occupier requirements and actual leases in the market. It draws together the substantial data now available on the actual terms of leases in the UK and surveys of corporate occupiers' attitude to their occupation requirements. Although the data indicated that UK leases have become shorter and more diverse since 1990, this is still not sufficient to meet the current requirements of many corporate occupiers. It is clear that the inability to manage entry and exit strategies is a major concern to occupiers. Lease length is the primary concern of tenants and a number of respondents comment on the mismatch between lease length in the UK and business planning horizons. The right to break and other problems with alienation clauses also pose serious difficulties for occupiers, thus reinforcing the mismatch. Other issues include repairing and insuring clauses and the type of review clause. There are differences in opinion between types of occupier. In particular, international corporate occupiers are significantly more concerned about the length of lease and the incidence of break clauses than national occupiers and private-sector tenants are significantly more concerned about leasing in general than public-sector occupiers. Proposed solutions by tenants are predictable and include shorter leases, more frequent breaks and relaxation of restrictions concerning alienation and other clauses. A significant number specify that they would pay more for shorter leases and other improved terms. Short leases would make many of the other terms more acceptable and this is why they are the main concern of corporate occupiers. Overall, the evidence suggests that there continues to be a gap between occupiers' lease requirements and those currently offered by the market. There are underlying structural factors that act as an inertial force on landlords and inhibit the changes which occupiers appear to want. Nevertheless, the findings raise future research questions concerning whether UK lease structures are a constraining factor on UK competitiveness.

Unsafe leased residential premises: a landlord's liability in negligence to injured occupants

This article examines the law relating to the liability of landlords in negligence for unsafe residential premises, focusing in particular on the recent High Court decisions in Northern Sandblasting Pty Ltd v Harris and Jones v Bartlett. The author concludes that the High Court in Jones v Bartlett has placed sensible limitations on landlords' liability, by limiting liability to defects in the premises that were known or ought to have been revealed on a reasonable inspection by the landlord. The author points out that there are compelling policy considerations supporting the court's conclusion in that case that the landlord should not be required to arrange for the premises to be inspected by expert tradespeople.

Letter from William Croswell to landlord, 1831 December 27

Two drafts of a letter regarding Croswell's intention to break his lease due to loud noises.

A treatise on the law of landlord and tenant. To which is added an appendix of precedents.

In The Law library. Philadelphia, 1834. v. 6, Oct./Dec. 1834, no. 1.

The law of landlord and tenant : being a course of lectures delivered at the Law Institution /

Includes index.

Binns's justice : Digest of the laws and judicial decisions of Pennsylvania, touching the authority and duties of justices of the peace: including all the required forms of process, docket entries, and fee bills ... The whole law in relation to landlord and tenant; insolvent debtors; elections; and fees: the general enactments of the inspection laws; militia laws; and many other laws: with an infinite variety of law forms ... /

The Magistrate's vocabulary of law terms and law phrases: p. 41-61.

Corn, trade, wages, and rent, or, Observations on the leading circumstances of the present financial crisis : as they affect the artisan, the manufacturer, the labourer, the tenant, and the landlord, serving to elucidate the true interests of each.

Mode of access: Internet.

Land nationalisation, its necessity and its aims : being a comparison of the system of landlord and tenant with that of occupying ownership in their influence on the well-being of the people /

"First ed. ... 1892; second ed. ... 1896; third ed. ... 1902; fourth ed. ... 1906."

The law of landlord the tenant : a summary view of their rights and duties with an appendix of forms /

Mode of access: Internet.

Tales of my landlord.

Mode of access: Internet.