Injuries in a Rental Apartment - Here’s What You Need to Know

YNM Real Estate
17 December 2021

As a landlord it’s important to keep in mind that your renter has the right to a safe, secure and maintained rental property for the duration of their rental agreement.

Today we look at the rights and responsibilities of both the landlord and the tenant. Who is responsible if your tenant gets injured due to a non-repair or building faults.

Landlords have the responsibility to take reasonable steps to ensure that their rental property is safe. Tenants have the right to make a compensation claim if they get injured, provided that:

  • They can prove that the property is defective against the requirements of the Building Code of Australia; or
  • They can prove the landlord was aware and knew (or should have known) about the defect)
  • No reasonable or timely action was taken by the landlord to prevent the risk of injury (to fix the issues)
So what happens if your tenant gets injured in your property?

If your tenant is injured in or around the rental property, they can make a public liability claim where they must be able to demonstrate that they sustained the injury due to someone else’s negligence. They should also have sought medical treatment for their injuries and notified you, as the landlord, as soon as possible.

As a landlord, the duty of care to ensure that your tenants are kept safe means ensuring that regular routine inspections are carried out as well as making sure that gas and electricity inspections are done to make sure these installations are safe and secure. It’s also important to regularly check on smoke alarms. Your tenants’ requests for urgent repairs need to be addressed as soon as possible - and your property manager is there to assist you in handling these requests in a timely manner.

Need help with property management services in Sydney? Give us a call today!

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