Defective Premises (Landlord's Liability) Act (Northern Ireland) 2001
| Jurisdiction | Northern Ireland |
| Citation | 2001 NI c 10 |
premises are let under a tenancy to which this Act applies; andthe tenancy puts on the landlord an obligation to the tenant for the maintenance or repair of the premises.(2) The landlord owes to all persons who might reasonably be affected by defects in the state of the premises a duty to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury or from damage to their property caused by a relevant defect.the landlord knows of the relevant defect (whether as a result of being notified by the tenant or otherwise) ; orhe ought in all the circumstances to have known of that defect.(4) The duty imposed by this section is in addition to any duty a person may owe apart from this section.(1) Where premises are let under a tenancy which expressly or impliedly gives the landlord the right to enter the premises to carry out any description of maintenance or repair of the premises, the landlord shall be treated for the purposes of this Act (but for no other purposes) as if he were under an obligation to the tenant for that description of maintenance or repair of the premises.as from the time when the landlord first is, or by notice or otherwise can put himself, in a position to exercise the right mentioned in that subsection; andso long as he is or can put himself in that position.(3) The landlord shall not owe the tenant any duty of care by virtue of this section in respect of any defect in the state of the premises arising from, or continuing because of, a failure to carry out an obligation expressly imposed on the tenant by the tenancy.a tenancy under a lease granted for a term of more than 50 years;a yearly amount of less than £1; ora peppercorn or other rent having no money value.(2) Section 4 of the Occupiers' Liability Act (Northern Ireland) 1957 (c. 25) shall cease to apply to tenancies to which this Act applies; and accordingly at the end of that section there shall be added—
- “(8) Nothing in this section applies to a tenancy to which the Defective Premises (Landlord's Liability) Act (Northern Ireland) 2001 applies.
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