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Selling - what if my estate agent falls over?

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  • It's only since seeing programmes such as "Wanted Down Under" that I've realised home viewers can be a feral nuisance. On that programme the kids seem to run riot.

    It makes you wonder if they're watching as their little darlings play with your razor blades in the bathroom, eat your birth control pills or your entire packet of paracetamol in the bedside cabinet, cut themselves on the broken glass you've put in the bin, drink the bleach and other household items (including dishwasher tablets) from under the sink.

    Parents genuinely forget they have children when viewing a property in my experience. I have to leave role of agent and take on role of babysitter.
  • I think it would be useful to have the relevant piece of legislation on whose responsibility it is if someone visiting a place in a business category has an accident.

    I've always taken the state of play as being personal visitors (ie friends and relatives) are down to me (or, to be accurate, my house insurance). Business visitors (be it workmen, estate agents and their customers, etc) deal with themselves. So if I'm expecting workmen to have insurance cover to deal with any accident they have and, obviously, any damage they do to my house in the process and "it's down to them" if they don't - then surely it would be the same for an EA/their clients??
  • Guest101
    Guest101 Posts: 15,764 Forumite
    The owner would only being liable if they had been negligent.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 23 September 2016 at 2:14PM
    Guest101 wrote: »
    The owner would only being liable if they had been negligent.

    That's rather how I thought of it.

    So - in my last house I duly replaced kitchen flooring before I would have done so of myself personally - because it had a couple of bits that were somewhat "curled over" and might just have caused a careless person to trip over (ie because I had lodgers in at the time). I didnt want them turning round to me and saying "It was your tatty lino that caused me to trip".

    However, if they'd tripped over one of my steps - then that wouldnt have been my negligence (as no maintenance work was necessary and I would be entitled to expect them to have noted that there was a step there and take appropriate care).
  • Guest101
    Guest101 Posts: 15,764 Forumite
    That's rather how I thought of it.

    So - in my last house I duly replaced kitchen flooring before I would have done so of myself personally - because it had a couple of bits that were somewhat "curled over" and might just have caused a careless person to trip over (ie because I had lodgers in at the time). I didnt want them turning round to me and saying "It was your tatty lino that caused me to trip".

    However, if they'd tripped over one of my steps - then that wouldnt have been my negligence (as no maintenance work was necessary and I would be entitled to expect them to have noted that there was a step there and take appropriate care).

    Yep pretty much spot on.


    In commercial premises the health and safety at work regulations are very strict. But in a private premises you are only required to take reasonable steps.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think it would be useful to have the relevant piece of legislation on whose responsibility it is if someone visiting a place in a business category has an accident.

    I've always taken the state of play as being personal visitors (ie friends and relatives) are down to me (or, to be accurate, my house insurance). Business visitors (be it workmen, estate agents and their customers, etc) deal with themselves. So if I'm expecting workmen to have insurance cover to deal with any accident they have and, obviously, any damage they do to my house in the process and "it's down to them" if they don't - then surely it would be the same for an EA/their clients??
    Occupiers Liability Act is what you ought to read. The responsibility is much the same for any visitor, other than it's not your job to look after how the tradespeople are doing their work e.g. a roofer falling off their ladder is their problem, a roofer electrocuting themselves on your doorbell would be your fault.
  • robatwork
    robatwork Posts: 7,350 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Unless you're setting up mantraps, leaving bare wires exposed, or otherwise acting negligently, then just don't worry about it. If you have a floorboard that collapses underfoot that could be argued to be negligent. If a visitor simply trips up because your stairs are old and rickety then that's not your fault.
  • jessegee
    jessegee Posts: 105 Forumite
    That's good to know , thanks everyone ��
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think it would be useful to have the relevant piece of legislation on whose responsibility it is if someone visiting a place in a business category has an accident
    There is it's called negligence. If you leave a trip hazard in play and they fall over your negligent. If they trip over their own feet your not.
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