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Re: landlord liable for violent tenants?

From: paul
Date: 28 Nov 2002
Time: 15:54:34
Remote Name: 195.92.168.169

Comments

Thank you very much for the sympathy at least. It is appreciated.

I did think that the landlord, in the course of conducting his or her business, has a duty of care to those affected by the business, as every other business and individual is subject to duty of care.

If the landlord fails to act in this situation, when there are avenues which can reasonably be persued, then surly it could be considered that they have failed in their duty of care.

If that holds then a Tort (civil wrong) exists on which action could be taken providing a material loss can be proven. In this case it can be proven.

There is no case law I have found myself as yet, but if I do bring a case, sucessful or not, then I will post the result here. It would have implications for all residential landlords.

I am a landlord myself and I did always think my duty of care extended, or could be argued that it extended, to the wider community. But then I have legal insurance and let through a reputable agency to lovely tenants, so I have not had cause to really think about it.

The police, you will find, have little power in such matters, even in extreme situations. The officer kindly told me why.

As people like that behave in such a manner all the time, the courts will let him off with a suspended sentence because, though illegal, it is seen as normal for them. If I did anything in return, which I would not, but if I did then I would be sent to prison because I have no record and should know better. Go figure...

Any one any further thoughts or experience?


Last changed: July 01, 2003

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