Are landlords legally obliged to put up a banister ?

smallangel82

Hi, 
I have already done some research on the subject but have not found out whether there is a legal requirement for a landlord to put up a banister and was hoping to get some more advice here. 
I live in a privately rented house with 3 other people and our landlord (5 in total). The house has steep stairs. The stair case is 87cm wide, has 14 steps and a wall on each side. When moving in, I remember to have thought to myself that the steps could potentially cause a hazard because they are so steep and there is no banister to hold onto. Nothing was mentioned at the time and we just carefully use the stairs when going up and down. 
I have now had a fall where I slipped, smacked my head against the wall and hurt my elbow on the sideboard. I went to A&E just to be sure nothing was broken. My elbow is badly bruised and where I couldn't bend it before, I can now do so again but I have a concussion with ongoing headaches, blurry eyesight and dizzy spells. I have made the landlord aware of the issue and asked for him to put up one banister. It wouldn't stop anyone from falling again but it would potentially lessen the impact it might have, should it happen again. I don't want to go against my landlord and take things further but I was wondering if he is legally obliged to provide a banister seeing that the house is being rented out ? When searching for details online, I came across the "Homes fitness for human habitation act 2018" but I'm not sure whether that means he is actually legally obliged to do something about or whether he can still say No and leave it to the tenants to sort out a banister ? Can anyone tell me some more about this ?
Thank you

TBagpuss

I very much doubt it - it's like a lot of things, it may not be consistent with modern building regs but that doesn't make it unlawful.

Presumably there was no bannister when you moved in?

If there was, then you can raise it as a repair, but otherwise you are asking the landlord to make an improvement to the property, which they are not generally liable to do. 

I can't see that not having a bannister is relevant to fitness for habitation.

TBagpuss

https://nearlylegal.co.uk/2016/03/bannisters-that-never-were/ would suggest not 

princeofpounds

The landlord has a legal duty not to be negligent with the safety of people inside the property. 

Can you clarify - are you a lodger or are you a tenant? You suggest you live with the landlord... This matters not so much for health and safety reasons but it could affect the consequences of raising a complaint.

The landlord would fail a council HHSRS inspection. See page 46 of the manual:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/9425/150940.pdf

Write to the landlord. State that you have had an accident due to the steep steps and lack of handrail. Point out that they could incur civil liability for damages if their negligence contributes to an accident, and so you are writing to provide them notice of this issue. Suggest that they assess the risk of the stairs and, in particular, install a handrail.

smallangel82

Correct, there was no banister when I moved in.
Our landlord used to live elsewhere but then was between jobs and moved in temporarily. He will get his own place again he says but he is currently still living with us and we are all tenants. I wasn't the first one to fall either but no one seems to have asked about it until I did a couple of days ago.

princeofpounds

TBagpuss said:

https://nearlylegal.co.uk/2016/03/bannisters-that-never-were/ would suggest not 

That appears to be quite a specific decision. In particular, the landlord was found not to have committed common law negligence because the banister was removed by a tenant. They may not have even known about it.

In addition, I note that the local authority did issue an improvement notice. No suggestion of at what point in the process (after the accident or before) but that is a separate track and, presumably, would force the improvement.

k3lvc

princeofpounds said:

Write to the landlord. State that you have had an accident due to the steep steps and lack of handrail. Point out that they could incur civil liability for damages if their negligence contributes to an accident, and so you are writing to provide them notice of this issue. Suggest that they assess the risk of the stairs and, in particular, install a handrail.

But on OP's viewing of the property they'd already seen and considered the lack of handrail yet still rented the property without raising any issue

smallangel82

I saw this post too but for us, there was nothing there to remove in first place. It would be good to know if we have any ground on this because as I said before, I don't want legal action against him, just have something in hand to use and say when I speak to him about it again.

Ditzy_Mitzy

We're only talking about £100 for a basic rail kit plus an hour or so's DIY fitting.  Is it really worth embroiling yourself in potentially protracted arguments and/or creating ill feeling over?  It's worth it just to get the job done and to give yourself piece of mind.  

HobgoblinBT

Ditzy-Mitzi beat me to it.  Check a trade has an article.  https://www.checkatrade.com/blog/cost-guides/cost-new-banister-spindles/

Not a lot to pay for peace of mind.  

JGB1955

Are you allowed to make adjustments to the house without the landlords consent?   My daughter and her family have lived in a house which, presumably, hasn't had a banister rail since it was built in the 1930s (but VERY steep stairs.... steeper than the attached illustration), for the past 8 years.  They own the house and have now installed a 'rope' banister on one side... but I doubt your landlord would be very happy if you did the same without permission.....