Who is to blame for a collapsed balcony of a leased property? The managing agent of the property? The tenant? The landlord? These are difficult questions and the answer will often depend on the circumstances of each case.
A landlord has a duty to ensure residential premises are structurally sound, reasonable fit for purpose and that defects that are known or ought to be known are repaired (Jones v Bartlett (2000) 205 CLR 166)
A landlord may discharge its duty of care regarding property maintenance by engaging a competent managing agent and are entitled to a contractual indemnity from the managing agent.
In accordance with the decision of Libra Collaroy Pty Ltd v Bhide [2017] NSWCA 196, where a landlord is (or ought to be) aware of a risk of harm, and the agent is not discharging its delegated duties competently, the landlord has a duty to take reasonable steps to ensure the agent addresses the risk.
Libra was a case which involveda balcony which collapsed due to deterioration of structural beams.
To obtain advice regarding your position following an injury at a rental property, please contact McAuley Lawyers on (02) 9633 1826 or email reception@mcauleylawyers.com.au.
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.