Friday, June 9, 2023
HomeProperty InvestmentCan a landlord or agent be sued for negligence?

Can a landlord or agent be sued for negligence?

Can a tenant sue an agent or landlord for negligence?

In a phrase – sure.


Landlord Tenant Problems

It’s a phrase that doesn’t have a pleasant ring to it.

It’s form of ominous – and for good cause.

If a tenant is utilizing the phrases ‘negligence’ or ‘negligent’ when referring to their landlord or property supervisor, they aren’t paying a praise.

There’s really a very good likelihood that the individual to whom they’re referring would be the one paying – not compliments however probably compensation.

Let’s dig deeper…

So simply what’s negligence?

Put merely, negligence is when somebody owes you an obligation of care however has did not act in accordance with an inexpensive customary of care and this has prompted you harm.

The negligent behaviour could be a results of both an act or a failure to behave.

Sure, it feels like legal-speak but it surely’s additionally insurance-speak.


As a result of negligence is tied to legal responsibility and authorized legal responsibility is one thing that you would be able to usually shield in opposition to with insurance coverage.

So what’s authorized legal responsibility then?

Legal responsibility is mainly an individual’s obligation or accountability, underneath legislation, to compensate one other individual if their negligence led to that different individual struggling a loss, similar to harm or harm to their property.

Relating to rental properties, each landlords and brokers have an obligation of care to guard others from loss.

Obligation of care means ‘an obligation to take cheap care to keep away from foreseeable hurt to a different individual on their property’.

Landlords owe an obligation of care to their tenants and to anybody else who’s on their property, similar to visitors of the tenant, tradies and even the grocery supply individual.

The place brokers are involved, they’ve an obligation of care to their landlord purchasers along with tenants and guests of the property.

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Observe: Tenants even have an obligation of care to anybody current on the property. It’s referred to as occupiers’ legal responsibility and tenants ought to take out insurance coverage to guard themselves.

What are the owner’s/agent’s obligations?

The obligation of care owed by the owner to tenants and anybody invited onto the property pertains to guaranteeing that the property is secure.

The owner and/or agent could also be held legally liable if an harm or demise happens, or an individual’s property is broken or misplaced, because of the owner’s failure to make sure the rental premises are secure.

An agent may additionally be held liable whether it is discovered that they had been negligent of their duties too, for instance by not notifying the owner of a security concern on the premises or failing to make it secure.

Landlords and brokers have a accountability to make sure that the rental meets relevant state well being and security legal guidelines.

This implies landlords should take cheap care to keep away from the foreseeable danger of hurt to their tenants and others on the property.

Every state and territory has security necessities that should be met.

Whereas the laws in every jurisdiction might differ (all the time check with your state or territory legislation for specifics), generally obligations embody guaranteeing:

  • electrical security
  • working smoke alarms
  • gasoline security
  • the structural integrity of the constructing
  • home windows and balcony security

Landlord Notice



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