The occupier of an immovable property in Cyprus, i.e. the owner of any other person lawfully possessing or using it is has a legal and social duty to act diligently to protect a person who lawfully enters his property from suffering any loss or damage due to a reasonably anticipated risk.
The liability of the occupier extends from personal use such as that of a house being let to tenants by a landlord, to a shop for business purposes, offices, art galleries, hotels, clubs, sports centres, or even building sites under construction etc.
Article 51 of the Civil Wrongs Act
The issue of the occupier’s liability is regulated by article 51(b) of the Civil Wrongs Legislation, Cap 148, which refers to negligence as:
- Performing an act which a reasonably careful person would not do or failing to do some act which in the circumstances a diligent person would do.
- Failing to use skill or take care in the exercise of a profession, trade or occupation as a reasonably careful or qualified person in the circumstances; thereby causing damage.
Compensation for the Claimant
Moreover, Cyprus legislation provides that regarding remunerating the victim in any case of injury at an office space or shop; compensation can only be recovered by a person to whom the person guilty of negligence owed a duty, in the circumstances, not to be negligent.
The occupier of an immovable property such as the landlord of an office space, owes a duty to all employees working in the office who are, and to the owner of any property which is, lawfully to such immovable property as in the typical course of events to be affected, i.e. to be incapacitated to work or injury is caused as a direct result of the shop. As per Cyprus law the injury must be as a result of the negligence to the area being leased, rented or otherwise.
Eltoma Property has legal experts on hand to assist with any disputes arising on rented property, as a tenant, client or otherwise. Get in touch with us for more information.