Landlords’ duty to protect contested
A group of Scottish housing associations have joined a landmark legal battle which will decide whether landlords have a legal duty to protect their tenants.
Following requests, the House of Lords has agreed that eight associations can be represented in the case.
Glasgow Council is expected to argue that no such duty exists.
In December the court will consider whether the family of James Mitchell, a Glasgow Council tenant killed by his neighbour in 2001, should be allowed to sue the authority.
The family claims the council should have warned Mr Mitchell about a meeting in which his neighbour was threatened with eviction for his anti-social behaviour.
An hour after the meeting he stove Mr Mitchell’s head in with a stick, an attack which led to his death.
Graham Craik, a partner at McClure Naismith, representing the associations, said his firm had been instructed to put the ‘views of the sector before the courts’.
‘The concern is that it will lead to a proliferation of claims,’ he said.
Cameron Fyfe, a partner at law firm Ross Harper, which represents the Mitchell family, said the landmark case would decide whether councils had a duty of care to protect their tenants.
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