Targett v Torfaen BC [1992]

A tenant fell from stone steps leading up to the rented property, and was injured. There were two flights of steps over sloping land. They had been constructed by the council with no handrail and no lighting. At first instance, the judge found that the construction had been inherently dangerous.

On appeal:
HELD: The Court of Appeal held that:
1)    A duty of care is owed by a landlord who has undertaken the design and construction of premises let to all persons who might reasonably be expected to use the property.
2)    No immunity attached to the council due to its status as ‘landlord’ (Rimmer v Liverpool CC was applied).
3)    The council could not claim that the tenant’s opportunity too inspect the property before or after letting relieved the council of its duty of care, unless the tenant was free to remove or avoid the danger and it was reasonable to expect him to do so.
The tenant had been injured by a defect manufactured, designed or created by the landlord, and therefore the landlord was liable. However, a finding of contributory negligence on the part of the tenant caused the damages to be reduced by 25%. 

Citation: Targett v Torfaen BC [1992] 3 All ER 27