No handrail on stairs in rented house

SqueezyPig

Out,_Vile_Jelly wrote: »

There is a legal obligation to have gas boilers checked annually, but AFAIK that is the extent of a LL's connection to a tenant's "health and safety". Otherwise, where would it end?

The gas safety check is a prescribed obligation, there are a few others (such as smoke alarms, the amount of type of which depends on the tenants). There is no prescribed obligation to provide a handrail.

Beyond that there is both a requirement in statute under the Housing Act 2004 to ensure the house is safe and free from risks to health, there is also a common law duty of care that is relevant in this situation.

What exactly you need to do under these duties is down to a judge's decision but the test under common law generally is was the risk foreseeable (yes, the OP has even bought it up), is there a duty of care (yes), and is it fair and reasonable to impose a duty in this case (this is the part that would be argued) - generally would the average man on the street think it's fair and reasonable to allow a tenant to fit a handrail to the stairs (I would think so, yes), whether it's fair and reasonable to say it's the landlord's duty to fit and pay for this handrail is probably debatable and would depend on the individual circumstances (it's already established that yes, it is in the case of a disabled tenant for example), but the OP has said she is willing to pay for it herself so this is a moot point.

Under the issue of whether it would be considered safe under the Housing Act, considering the use of a handrail is specifically mentioned in the HHSRS the onus would likely be on the landlord to prove that they were justified in not fitting this (rather than on the tenant to prove it should have been fitted).

theartfullodger

HiToAll wrote: »

Is the OP in receipt of benefits, or working?

Most people, more than half of adults, are in receipt of one or more benefits do one would assume probably

G_M

The Housing Act 2004 provides for enforcement of standards:


Chapter 1 Enforcement of housing standards: general

Chapter 2 Improvement notices, prohibition orders and hazard awareness notices

Chapter 3 Emergency measures


The Housing Health & Safety Rating System, provides guidance for landlords following the Housing Act 2004 on how Local Authorites use a risk assessment approach called the
Housing Health and Safety Rating System (HHSRS). This HHSRS does not set out
minimum standards. It is concerned with avoiding or, at the very least, minimising
potential hazards.

Miss_Samantha

I would agree to install a handrail on one side, either at the tenant's cost or half.

The reason I wouldn't offer to pay in full is that the tenant viewed the house before deciding to rent it so should have assessed it if fitted her needs instead of demanding improvements after having moved in.

SqueezyPig

G_M wrote: »

This HHSRS does not set out
minimum standards. It is concerned with avoiding or, at the very least, minimising
potential hazards.

I don't think you're quite understanding what I'm saying. I explicitly said there was no prescribed requirement and I also didn't say that the HHSRS is a minimum standard - as far as I'm aware it does not enjoy a special legal status making this the case, however it does effectively make recommendations which landlords would be expected to be aware of, landlords don't have to meet these recommendations but they should be able to justify why they haven't, there are lots of reasons it might be justifiable not to have fitted one unprompted, but they start to fall down when the tenant requests such a measure and is happy to pay for it.

The only reason I mention the HHSRS is because you're right that there clearly has to be a limit to the health and safety a landlord is responsible for, they clearly can't make a property risk free and they aren't required to, the only thing they are required to do is to take reasonable measures to ensure it is safe for habitation. There is no legal list of what is reasonable (outside of a few prescribed things), but a judge might feel that at least considering the government's recommendations and carrying out those that are practical and practicable for the property would be a reasonable way to approach the issue. Also, the landlord wouldn't be expected to make unusual or uncommon accommodations (unless specifically requested for a disabled tenant and reasonably practicable to carry out), being in the HHSRS would help with the argument that it's a common and reasonable safety feature.

If a tenant wants and is happy to pay for a handrail, it's very difficult (but not impossible) for the landlord to justify, legally, that the tenant can't fit one. If the tenant wants one but wants the landlord to pay and fit it then I'm not sure, I would interpret this as being on the border and heavily dependant on the circumstances.

bris

Isn't this why stair gates were invented? They keep the toddler from going up and down the stairs themselves.


Basic knowledge and tbh a handrail would be at a height that would put the toddler in more danger as they would struggle to reach it causing them to over stretch and lose balance.

silvercar

bris wrote: »

Isn't this why stair gates were invented? They keep the toddler from going up and down the stairs themselves.


Basic knowledge and tbh a handrail would be at a height that would put the toddler in more danger as they would struggle to reach it causing them to over stretch and lose balance.

Exactly. My kids could never reach the hand rail on our enclosed stairs until they were well past toddling stage.

Moneymaker - then why are handrails installed anywhere if in your opinion no one needs one? Surely you must appreciate some people need additional support due to mobility issues.

On otherwise open stairways, handrails also act as a guard to prevent anyone falling over the side.

silvercar

A handrail could spoil the effect.

GwylimT

HiToAll wrote: »

Is the OP in receipt of benefits, or working?

As they have a child it is very likely they will be, like most parents in the UK who claim child benefit.

emmatthews

Two children, never used the handrail, we have finger/handprints on our wall to prove it! Handrails are far too chunky for little hands to get a good grip on. My husband and I didn't use it either so we removed ours.