Landlord Liability Waiver Template for England and Wales

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Key Requirements PROMPT example:

Landlord Liability Waiver

"I need a Landlord Liability Waiver for my commercial property in Manchester, where the tenant will be operating a restaurant and I want to limit my liability for any food-related incidents or customer accidents that occur on the premises, starting from March 2025."

Document background
The Landlord Liability Waiver serves as a critical risk management tool in property letting arrangements under English and Welsh law. This document is typically used when landlords seek to clearly define and limit their liability exposure while ensuring compliance with mandatory obligations. It's particularly relevant in situations where tenants undertake specific activities or assume certain responsibilities within the property. The waiver must carefully balance the landlord's desire to limit liability with the non-negotiable statutory protections afforded to tenants under English law, including repair obligations and safety requirements.
Suggested Sections

1. Parties: Identification and details of the landlord and tenant

2. Background: Context of the waiver and property details

3. Definitions: Key terms used throughout the document including Property, Landlord, Tenant, Waiver Period

4. Scope of Waiver: Specific liabilities being waived, subject to legal limitations and statutory requirements

5. Statutory Rights: Confirmation that statutory rights and obligations cannot be waived, including repairs under Section 11 of LTA 1985

6. Execution: Signature blocks and date of agreement

Optional Sections

1. Insurance Provisions: Optional section detailing insurance requirements and obligations of each party

2. Indemnification: Optional section covering cross-indemnities between parties for specific circumstances

3. Duration: Optional section specifying the time period for which the waiver remains valid

Suggested Schedules

1. Property Schedule: Detailed description of the property covered by the waiver including address and relevant features

2. Specific Excluded Liabilities: Comprehensive list of liabilities specifically not covered by the waiver

3. Risk Assessment: Documentation of known risks and hazards associated with the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Landlord and Tenant Act 1985: Key legislation governing landlord obligations, particularly Section 11 regarding repair duties. These statutory obligations cannot be contracted out of or waived, even in a liability waiver.

Housing Act 2004: Establishes the Health and Safety Rating System (HSRRS) and sets fundamental safety requirements that landlords must comply with regardless of any waiver.

Unfair Contract Terms Act 1977: Places restrictions on excluding liability for death or personal injury and establishes the reasonableness test for contract terms. Critical for ensuring waiver terms are legally valid.

Consumer Rights Act 2015: Applies to residential tenancies and sets requirements for fairness and transparency in contracts. Prohibits the exclusion of certain statutory rights and must be considered in waiver drafting.

Occupiers' Liability Act 1957: Establishes the duty of care owed to lawful visitors on the property. Relevant for understanding the scope and limitations of liability waivers.

Occupiers' Liability Act 1984: Sets out the duty of care owed to trespassers. Must be considered when drafting comprehensive liability waivers.

Common Law Negligence: Legal principles regarding negligence that cannot be excluded in a waiver, including fundamental duty of care obligations and reasonableness requirements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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