Taking action for injuries and damage
In relation to damage and injuries, landlords have a duty imposed on them by the Occupiers' Liability (Scotland) Act 1960.
Injuries and damages during repairs
This duty is to take reasonable care to avoid any risk to the health and safety of any person living in a property over which they have control. [1] This goes beyond the duties owed to the tenant under contract, common law and statute.
The Occupiers' Liability (Scotland) Act 1960 can be used by people who are not tenants but who are injured as a result of the landlord's breach of her/his duty to repair. This is often used to claim damages for health problems suffered by a tenant's children as a result of living in a damp, cold and mouldy house. Other examples of cases under this Act include damage caused by flooding as a result of the landlord's failure to lag water pipes in the roof [2] and injury caused by a broken toilet bowl. [3]
Anyone living in the property can claim for damage to it but generally only the tenant can claim for inconvenience.
Last updated: 10 February 2020