Commentary on Sections Section 1: Landlord’s duty of care by virtue of obligation to repair premises
Subsection (1) provides that a duty of care is owed where premises are let under a tenancy and that the landlord has a contractual obligation to maintain or repair the premises.
Subsection (2) outlines the nature of the landlord’s duty making it clear that it is to all persons who might be affected by defects. This may include the tenant himself, visitors, passers-by or neighbours.
Subsection (3) provides that the landlord’s duty is owed if he knows of the defect or ought to have known of it in all the circumstances.
Subsection (4) provides that the duty is in addition to any other duty which may be owed.