Description
Applicability of s.2 of the Occupiers' Liability Act 1957 - a landlord does not owe a duty to his tenant. N.B - the decision may conflict with Alexander v Freshwater Properties available
here The Claimant brought an action against her landlord after slipping on the front step of her rented property. The Court held that s.2 of the Occupiers' Liability Act 1957 did not apply, since it had been replaced by s.4 of the Defective Premises Act 1972 ('s.4 DPA'). On the facts of the case, painting the steps did not constitute a breach of the landlord's duty under s.4 DPA, since the presence of the paint did not cause the steps not to be 'in good repair' (see paras [69], [74] and [77]).
