We are in the process of buying a small one-bedroomed flat in a small and attractive complex. It consists of ground floor and 1st floor apartments. Ours will be on the 1st floor - under the roof - with a hatch to the attic. There is a small area of flooring in the attic which the occupant may want to use. There is no attached foldable ladder to access the attic. If the tenant wants to use the space, they will have to have their own ladder.
My question is this: If the tenant accidentally falls off their own ladder, while accessing the loft space - are we, as landlords, held responsible for that accident, and will we have to pay compensation to the tenant for falling off their ladder? If so, depending on the severity of injury, I imagine a claim could be many, many thousands of pounds?
Where do we stand? The complex has building insurance, paid for by the leaseholders in service charges, and I believe this covers fixture and fittings in the event of total damage, but would that building insurance cover us in the circumstances outlined? But would we even be liable in the circumstances outlined?
I doubt if you will be covered. Ask the building insurance company.
Also, they may not allow you to rent out the property, and the deeds may not.
I suspect you will need to take out landlord insurance, so discuss this with them too. In view of the time scales you may be facing, I suggest you ask for the deeds and insurance policy and while waiting for them, call a few landlord insurance companies and ask them for advice. A separate blog on landlord insurance exists.
Thanks to all for the advice. Yes, John45, the flat is very small with no storage (other than kitchen cupboards) so we really did want to make the boarded areas of the attic available, but I can see that we cannot do so, unfortunately. That said, how is it the landlords’ fault if someone falls off their own ladder? I expect that is a stupid question, since everything is the landlords’ fault!
Maybe it wouldn’t be the fault of the landlord if the ladder was to be provided and installed by the tenant. Maybe ask a couple of insurance companies as John45 suggested.
Maybe the landlord would be more liable if the tenant slipped on the flooring whilst moving boxes of junk in a confined space. What if they slipped on the flooring and fell out of the hatch and it was nothing to do with the ladder?
Something similar happened to a friend of mine, a few years ago. (A homeowner).
A friend of hers who had done many odd jobs for her over the years, went into her loft and managed to plummet out of it.
As he was lying sprawled out on the floor below, and she was administering to him, she smelt alcohol on his breath.
He decided to sue her via her insurance company and this led to much unpleasantness and distress for her.
He succeeded in claiming something despite her telling her insurance company that he had been drinking. He claimed he could no longer work although subsequently she saw adverts with him offering his handyman services not long after the incident.
Yes, it is a minefield, isn’t it! We plan to call on the Managing Agent for the whole block, since they will have knowledge that some of the flats have loft access. Thanks for your “warning” story.
Just a side issue, are you sure you are legally entitled to use the loft anyway? In many blocks/complexes they belong to the freeholder not the leaseholder.
Usually loft are freehold domain within the complex, so realistically speaking leaseholders or subtenants, should be using it. Consequently you are taking a risk by allowing to use it. However if he slips or fall while trying to access the loft and using his own step ladder, techically is only his responsability becuase he never reach the loft. However nothing stopping you to ask the insurance company more detials relating this particular point.
Thank you, Dom. This just in from the Managing Agent, who checked with the Building Insurance company.
Good afternoon Anne,
Please see below in writing confirmation from the insurers with regard to the loft space:
From an insurance perspective there is nothing to stop the tenant entering the loft space, if he/she does so and suffers injury for which the Insured is held to be legally liable there would be cover.
As soon as we make something available to tenant then we are in a way admitting the liability as it is now our responsibility to make it safe for them. Statement from insurance company states there is nothing stopping them entering. This is different then making something available for them. I would personally avoid declaring that they can use on any communication. Sorry 8 months later but found interesting!
Will you not be getting some form of LL liability insurance just to cover such situations? I still would not let them use the loft but this problem could occur if they tripped on a carpet.