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Land owners responsibilities when subletting

Discussion in 'Legal Issues' started by Agent99, 12th Sep, 2016.

  1. Agent99

    Agent99 Well-Known Member

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    Hi everyone would like some feedback please ?
    Friends son has purchased 20 acres in country SA in his own name which is not his PPR.
    1. He rents out shed on the property to a farmer to store tractors.
    2. He leases a paddock to another farmer for livestock.
    Question : I would assume he would need some sort of lease in place for both farmers and also public liability ins ?
    If some livestock stray onto a public road and cause damage to a vehicle or worse is he liable ?
    If the shed catches fire and destroys the tractors is he liable ?
    I'm a bit worried that he seems to think nothing can happen, and has nothing in writing !
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Both tenants should have public liability insurance and he should have cover on his own property as well both building and public liability.
     
  3. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    A written lease should be done as their agreement would be unenforceable otherwise.
     
  4. Agent99

    Agent99 Well-Known Member

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    @Terry_w Would you mind explaining further please ? What would be unenforceable ?
     
  5. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    The lease.
     
  6. Agent99

    Agent99 Well-Known Member

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    Thanks Terry I'm pretty sure he doesnt have one !!
     
  7. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    They might have an oral agreement.
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    They're quite pleasurable but may be hard to enforce.