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If tenant fixes an issue in my IP and injures themselves am I covered?

Discussion in 'Legal Issues' started by Abooking, 6th Jul, 2015.

  1. Abooking

    Abooking Well-Known Member

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    Location:
    nsw
    Once a year there is mould on the ceiling at this time of year in some of the rooms in my IP.

    The new tenants that moved in this year suggested that they can clean it off and paint it themselves.

    Ive already agreed to this but now think what happens if they injure themselves i.e. fall off a ladder or whatever.

    I obviously have full insurance which includes public liability. From a legal point of view will I am liable based on the fact that I agreed to letting them do the job instead of hiring a tradesman? It was the PM who sent a copy of the email from the tenant to me and thus the onus would be on them as well?

    I wonder if I should ask the licensee at the agent what she thinks?

    thanks for your opinion
     
  2. Perp

    Perp Well-Known Member

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    Good thinking. If they'd just done it, the insurance might cover it, but if you've agreed to the tenant doing it - which legally is the same as asking them to do it - then I doubt your insurer would cover.
     
  3. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    I know nothing of torts but I would think a tenant could easily sue you if they injured themselves. Occupier's liability.
     
  4. WattleIdo

    WattleIdo renovating Premium Member

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    Legals - I don't know.
    Clean, yes. Paint, no.
     
  5. Chilliblue

    Chilliblue Well-Known Member

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    Better to find the reason for the mould, have a professional repair than open yourself to risk.
     
  6. Abooking

    Abooking Well-Known Member

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    Location:
    nsw
    I called the underwriter of my ins policy who informed me that there is an exclusion relating to 'mould' in my policy. Any event is not covered by mould claims including public liability.