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Safety glass in rented house


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Posted (edited)

Hi,

I left a rented property recently and the landlord/estate agent are withholding my deposit due to the fact I boarded up an interior door with plywood after my partner fell down the stairs and put her head through the glass resulting in injury.

 

The door is an old wooden framed door with 5 sections of glass framed from top to bottom and evidently not safety glass. I've done some research and found out about "critical area" safety glass etc but cannot find any actual legislation regarding this as my tenancy began in 2017 before the recent amendments.

 

The closest I've found that would be relevant is - owed a duty of care to the tenant. Where premises are let under a tenancy and the landlord is responsible for maintenance, there is a duty owed "to all persons" who might be affected by defects in the state of the premises under section 4(1) of the Defective Premises Act 1972. This will undoubtedly include your tenant and his family. Secondly, the authority will owe a duty to under section 2 of the Occupier's Liability Act 1957 to people visiting the premises, such as friends, relatives etc. I believe there will also be an obligation to maintain and repair the structure under section 30 of the Landlord and Tenants Act 1985.

 

The fact that people will receive injury, sometimes quite severe, from falling through ordinary glass (ie. non-safety glass) has been recognised for many years. British Standard 6262 'Code of Practice for Glazing in Buildings' was introduced in 1982 but its predecessors, in the form of British Standard 973 and CP 152 can be traced back to 1941, although I doubt the requirements for safety glass go back that far.

 

British Standard 6202 'Specification for impact performance requirements for flat safety glass and safety plastics for use in buildings' from 1981 may also be of assistance. Similar requirements can now be found in the building regulations. The Building Research Establishment published a paper "Accidents involving glass in domestic doors and windows" highlighting the problems in October 1981.

 

The courts have also recognised the need for safety glass in critical areas. The leading case that I am aware of is Rimmer -v- Liverpool City Council [The Times 15.12.1983] Here, the Court of Appeal dismissed an appeal by Liverpool City Council against damages awarded when Rimmer tripped over some toys left by his boy and put his left hand through a glass panel in December 1975. The Council were at fault for renting Rimmer a flat when they knew or ought to have known it contained foreseeably dangerous and easily substituted glass.


After I've said all this I'm wondering if I can argue my case regarding boarding the door up due to no safety glass or if I would have a leg to stand on if I was to file a claim regards my accident/injury. I have read section K  of the building regs a few times, I am just unsure if this relates to myself as the property I was using isn't a new build so the glass would have been out in before 2010 (I read somewhere about if it was out in before 1992 then it doesn't need to have safety glass I think)

 

I've attached a picture for clarification (only one I can find that has the door in it) the bottom panel is what I smashed when I fell and the top panel cracked too hence the tape I put on to hold it whilst I got materials to move the glass.


I Boarded the full length of the door up as it is at the bottom of the stairs alongside a glass panel wall make of the same glass and I didn't want to risk my young kids falling and hurting themselves too

 

door.pdf


Thanks

Edited by dx100uk
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I have since found out that a previous tennents child broke 3 of the panes of glass in the glass partition wall next to the door.(within the critical area) They paid to had these boarded up after informing the landlord

Am I right in thinking that this incident shows the landlord was aware and therefore "The landlord's duty under section 4 (Landlord and builder duty of care under the Defective Premises Act 1972)
is to take such care as it is reasonable. This means that the duty is not owed if the personal injury or damage to property is not reasonably foreseeable or it could not reasonably have been prevented." Would be valid and also - The duty is triggered if the landlord 'knows or ought to know of the relevant defect' regardless of whether or not the occupier had informed the landlord of it

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Posted (edited)
TINYURL.COM

Hi, I left a rented property recently and the landlord/estate agent are witholding my deposit due to the fact I boarded up an interior door with...

For reference

 

Edited by 45002
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Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Hi

 

Just read this and what has not been clarified is when your partner broke this glass after falling down the stairs did you inform the Landlord at that time before taking your own remedial action on boarding it up? (if so what action did the Landlord take at that time?)

 

 

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