Can we ask for a stair rail for safety?

sams247

We moved into our house almost a year ago (private rent) and the only issue is that part of the stairs is open to the ground floor hall, when we moved in we thought it was an atractive feature, now we live in it we realise its a safety issue. Several times one of us has stumbled and nearly fallen down into the hall from the stairs and then one of us did exactly that, knocked unconcious and had to go to hospital. There is no rail to the wall by the stair on the left and nothing at all between the stair and the hall on the right. As it had got to an a&e matter we asked the landlord to please fit a safety banister to prevent this from happening again. He has refused saying he likes it the way it is. He says he will consider putting a rail against the wall so if we fell we could grip the rail. In the last fall that would not have prevented the accident as the person fell forwards, out towards the hall, not back towards the wall.

Have we got any rights here?

Ta everso.

00ec25

you have every right to a safe environment. You need to contact your local council and report that you consider there is a Housing Health and Safety Rating System breach and the council needs to carry out a HHSRS inspection of the landlord's property.

The council has the legal power to force the LL to comply with building regulations, see page 45 of the guide for stairs
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9425/150940.pdf

BTW - if the fall was as bad as that you should have sued the LL - read this for a lesson http://www.regallettings.com/blog/?p=204

Werdnal

Bear in mind though, that if you take the above advice, which of course is your right, the LL also has a right to issue you notice in return if he sees it appropriate!

martinsurrey

sams247 wrote: »

Several times one of us has stumbled and nearly fallen down into the hall from the stairs

Do either of you have physical difficulties? If so why did you move into a house that had difficult stairs, which you agree you noticed before you moved in?


Or do you practice handstands on the stairs?


I 100% think the landlord should provide a safe environment, but I also think that people need to take some responsibility for themselves, if the stairs are difficult, take extra care when going down or up them?

LittleVoice

martinsurrey wrote: »

Do either of you have physical difficulties? If so why did you move into a house that had difficult stairs, which you agree you noticed before you moved in?


Or do you practice handstands on the stairs?


I 100% think the landlord should provide a safe environment, but I also think that people need to take some responsibility for themselves, if the stairs are difficult, take extra care when going down or up them?

We live in a three-storey house and both sets of stairs are open on one side (one only has a handrail on the wall side).

In 25 years (and now in our mid-60s), neither of us has ever fallen over the side.

However we are owners, not tenants. I have considered letting this house and moving elsewhere and have always thought that, as landlords, we would have to provide handrails on both sides of the stairs with suitably spaced banister rails.

sams247

I had an accident a while ago which damaged my knee, this makes me occasionally unsteady on stairs, generally I am fine but generally I hold a banister or rail as I move up/down. We did notice the stairs but thought it was an attractive feature and never considered it a problem until one of the children stumbled (an older child btw).

I agree we are partially to blame for not bringing up the subject before with LL, but we didnt know it to be a serious issue until the hospital incident. Now I am terrified of going up and down those stairs which is why I asked for a banister.

Thank you to all who took the time to help

sams247

00ec25 wrote: »

you have every right to a safe environment. You need to contact your local council and report that you consider there is a Housing Health and Safety Rating System breach and the council needs to carry out a HHSRS inspection of the landlord's property.

The council has the legal power to force the LL to comply with building regulations, see page 45 of the guide for stairs
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9425/150940.pdf

BTW - if the fall was as bad as that you should have sued the LL - read this for a lesson http://www.regallettings.com/blog/?p=204

Wow, that makes interesting reading! I am not about to sue, but am very happy to direct the LL gaze to the legal issues of knowing I did fall and then he refuse to put a safety measure in place.

martinsurrey

sams247 wrote: »

I had an accident a while ago which damaged my knee, this makes me occasionally unsteady on stairs, generally I am fine but generally I hold a banister or rail as I move up/down. We did notice the stairs but thought it was an attractive feature and never considered it a problem until one of the children stumbled (an older child btw).

I agree we are partially to blame for not bringing up the subject before with LL, but we didnt know it to be a serious issue until the hospital incident. Now I am terrified of going up and down those stairs which is why I asked for a banister.

Thank you to all who took the time to help

sorry to hear that its an issue that can’t be solved with a bit more care...


As the LL has already said no, I think you have a few options which will have differing consequences

1) move without anything getting done

2)complain, get evicted, without anything getting done, move

3)complain to everyone and anyone (council, MP, etc), get kicked out, rail gets added.

4) go legal, sue him, get into a long legal case, get kicked out, move, rail may or may not get added depending on legal case.

5) accept it.

I know none of them sound good, but thank the UK’s (englands) flimsy tenant’s security in the private sector.

aliasojo

sams247 wrote: »

He says he will consider putting a rail against the wall so if we fell we could grip the rail.

sams247 wrote: »

I had an accident a while ago which damaged my knee, this makes me occasionally unsteady on stairs, generally I am fine but generally I hold a banister or rail as I move up/down.

Forgive me if I'm being too simplistic here, but if he's willing to put in a wall handrail and you normally use a handrail, wouldn't that solve your problem?

If you use a handrail, then you're holding onto something and wouldn't be very likely to fall over the edge?

societys_child

aliasojo wrote: »

. . . he's willing to put in a wall handrail and you normally use a handrail, wouldn't that solve your problem?

I wanted to say that

sams247

aliasojo wrote: »

Forgive me if I'm being too simplistic here, but if he's willing to put in a wall handrail and you normally use a handrail, wouldn't that solve your problem?

If you use a handrail, then you're holding onto something and wouldn't be very likely to fall over the edge?

Absolutely yes, you're right. However thats just me, we have children here also and other adults, let alone grandparents who visit. Now there's been a tumble I just wait for another. I dare not let my Nan visit in case she falls as she certainly is unsteady. A banister would be something to stop a fall, a rail is something to hope to grab onto.

I think probably the put up and shut up option is the one where we get to stay living here. Oh my.