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Renting a property comes with a few extra facts to consider. As a tenant, you expect the property you are renting is safe and free from hazard. However, it is wise to note that accidents do happen and if this does occur, you may be entitled to compensation if you can prove the fault of someone else (relative to the property) caused your injury.
Who is responsible for a tenant’s safety?
Rental agents and landlords have a ‘duty of care’ to tenants to provide a safe and comfortable property. To do this, they must take reasonable care to avoid potential risk to tenants and other visitors.
For landlords to cover themselves and ensure they are providing a safe environment for tenants, they should:
- Arrange for regular building inspections to be conducted
- Perform repairs promptly when required
- Hire appropriately qualified tradespeople to perform the work
If for any reason, the landlord fails to provide a duty of care and someone sustains an injury in a rental property, there may be a compensation lawsuit against them. Before a landlord can be held liable, a couple of things must be demonstrated, which include for example the following:
- A property has to be in some way defective according to the requirements of the Building Code of Australia
- The landlord must have known or should have known about the defect
In a public liability claim, usually, the person responsible for your safety is liable to pay compensation for your injuries. However, to avoid this risk, many landlords decide to purchase landlord insurance which can cover them in particular situations. Tenants can also purchase contents insurance that also includes public liability claims. If you are unsure about your situation, it is best to speak to a public liability lawyer who can assist with your application according to local legislation relevant to Sydney.
What to do if you’re injured? Can you claim public liability compensation?
Yes, you may be able to claim public liability compensation if you have incurred an injury on a rental property. However, for the claim to be successful, you must demonstrate that you sustained a physical or psychological injury above a certain threshold.
You will need to show that the landlord or rental agent was negligent or failed to take reasonable care to avoid the injury. A landlord or rental agent may be found liable if the injuries resulted from a dangerous situation at the premises which had not been identified or were identified but were failed to rectify within a reasonable time.
Some situations resulting in landlord liability include, but are not limited to the following:
- The premises being in a horrible state such as obstructed walkways and hallways
- Mould and moss accumulating on the outdoor surfaces
- Building standards are not met
- Fire safety standards are not met
When can’t I claim public liability compensation for an injury in a rental property?
There are also particular situations where a landlord will not be held responsible for the damages.
- Injuries caused by a defect, hazard or condition that they did not know about
- Their duty of care does not require them to make the premises ‘as safe as possible’
- They are also not required to replace items on the premises that aren’t defective simply because another ‘safer’ item has reached the market.
There is a fine line between whether or not the landlord is liable. This is why it is important to speak with a qualified public liability lawyer in Sydney who can help with the issue.
Public liability lawyers can help report issues to your landlord
If there is a defect or condition at your rental property that you believe could pose a threat or cause injury, you must advise your landlord or rental agent about it. This is extremely crucial to note as it will strengthen your public liability claim.
The best way to provide notice is through a written text - text message or email. This is because you can keep a record of what you said and when. We recommend providing as much detail as possible about the defect and how it could be dangerous.
At Prominent Lawyers, our public liability lawyers in Sydney can take you through the process of understanding your rights and making a claim. We assist you from the beginning right through to the end, ensuring a seamless process where our clients are kept in the loop at each step of the way. To find out more, write to us at info@prominentlawyers.com.au or call Prominent Lawyers on 1800 77 66 46.
