Legal Obligation to Tenant

Discussion in 'Legal Issues' started by Ben John1, 3rd May, 2018.

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  1. Ben John1

    Ben John1 Well-Known Member

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    hi, I am newbie here. Just want to ask what are our legal obligation to tenants?

    What happen if my tenant injured in my IP (I.e., roof fall, deck collapse, wire faulty, etc) am I liable? Will the landlord insurance cover those?

    Appreciate your inputs,

    Ben
     
  2. hobartchic

    hobartchic Well-Known Member

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    Seek professional legal advice and engage the services of a professional property manager.

    I will say this, if you know you have a problem and it places others in danger, then do nothing about it, you risk being sued. Knowledge is a key part of personal injury legal claims.
     
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  3. Marg4000

    Marg4000 Well-Known Member

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    You have an obligation to ensure the property is safe and is kept in good repair.

    If you are aware of a problem and do nothing about it, you are legally liable and insurance may not cover you.
    Marg
     
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  4. Ben John1

    Ben John1 Well-Known Member

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    Thank you @hobartchic & @Marg4000 for the reply. If I engage a professional property manager, are they the one who are responsible to let me know the condition of the property and any repairs required? or do I still need to check my IP personally?

    Do I also need to use their tradies for any repairs/maintenance?

    How does this work?

    Many thanks,

    Ben
     
  5. D.T.

    D.T. Specialist Property Manager Business Member

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    Landlords obligation is to keep the property in good state of repair.

    Good landlord insurance products typically contains a portion of liability insurance.

    Good property managers will advise of repairs needed and have reliable and reputable tradespeople on board to fix things. Be very cautious of property managers who also own the maintenance company as there's a conflict between what is needed and what they want to do.
     
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  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    You could be liable. Insurance may cover most cases but not all.
     
  7. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    In one case I read about the property manager was deemed liable for 60% and the owner the rest
     
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  8. Ben John1

    Ben John1 Well-Known Member

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    Hi DT thanks for the reply, do you know any reliable property management in VIC? PM if you do :)
     
  9. D.T.

    D.T. Specialist Property Manager Business Member

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    Yes, look up Qura Property
     
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  10. JDM

    JDM Well-Known Member

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    You owe a duty of care to your tenants. If a balcony collapses, you will likely be liable (possibly proportionally)
     
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