An Interesting Question.  What do you think of the Answer?

I need some advice with regard to my Mothers house.  She will be renting her house out soon to students and has a staircase without a Bannister/Balustrades. ( this has been the case since we moved in 30 years ago)

If the tenants sign a disclaimer or an  agreement to says they are happy with the staircase as it is, is this legal?

Advice:

We will give our advice on, but we must stress, this is not a definitive legal answer; you would need to seek legal advice on that.

At present, any property, rented or otherwise, should pass the current fitness standards, which use a risk assessment called the Housing Health & Safety Rating System ( HHSRS). The idea is that residential properties should provide a safe and healthy environment for any occupier or visitor.  Trips and falls on stairs account for 25% of all home falls.  You could ask your local authority to see if their HHSRS would allow an open staircase to pass this assessment. 

It is somewhat different to be an owner/occupier and be aware of the danger than being a landlady/lord and renting  a property out when knowing a risk.

I think the first place to ask would be the Local Authority.