What is the current state of law in relation to the duty owed by a landlord to his or her tenant in respect to potential personal injury?

Nov 10, 2022 | Publication | 0 comments

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.

Latest Insights

7 Ways to Enforce a Judgment

After a judgment is obtained for an amount of money, there are numerous options open to a judgment creditor in relation to how to enforce the judgment (i.e. how to obtain the money which is owed pursuant to the judgment). Option #1: Issue a Bankruptcy Notice If the...

Who Can Bring a Compensation to Relatives Claim?

In the unfortunate event of a loved one's passing due to negligence or wrongful act, the Compensation to Relatives Act 1897 in New South Wales outlines the parameters for pursuing compensation on behalf of the deceased. Understanding who has the legal standing to...

10 Myths of Being Sued

If you or your business are sued, there are many myths about how the legal process will pan out.  Here are 10 myths about the legal process – all are incorrect. Myth #1: The matter will definitely go to a hearing Most matters settle before a Judge decides...

How can my business sue someone to recover money?

Lawyers are often asked about the process of recovering money owed as a result of, for instance, a failure to pay for goods or services or a breach of contract. Normally a business (or an individual) will issue a letter of demand as a precursor to suing someone to...

Can a Will be done electronically – not on paper?

Can a Will be valid if it is found on a computer (i.e. not signed with pen and in a hard copy form)? The Supreme Court of South Australia recently examined the validity of an electronic Will created on an iPad and signed using an iPad pen. The decision of In the...