Injured whilst in a rental property

If you are one of the many thousands of people in NSW who rent a home, you have a right for that home to be safe, secure, and maintained for the duration of the rental agreement.

When someone is injured on a rental property, it may be possible to make a public liability claim against the landlord.

Tenants’ Rights and Responsibilities

If you sustain serious and permanent injuries at a rental property, you may be able to make a public liability claim under the NSW Civil Liability Act.  You need to have an injury which is serious, permanent and effects the ability for you to live your normal life.

Depending on the facts of your case and what caused your injuries, you may have a claim against any or all the following: –

1.     Your landlord.

2.     An owner’s corporation

3.     A property manager or agent

4.     Tradespeople.

If you have sustained an injury, you should immediately notify your property manager or agent of the incident, how it occurred and the injuries you have sustained.  You should also immediately seek medical treatment for your injuries.

It is also important that as a tenant, if there are dangerous aspects at the premises, that these are brought to the attention of the property manager and landlord as soon as possible, in writing.

Your Landlords Rights and Responsibilities

There is no general duty on a landlord to inspect the property to find hidden dangers or defects that have not previously been brought to their attention or are not clearly visible to the homeowner and/or landlord.

For example, if a defect in a balcony rail which is not visible to the homeowner or a landlord on a general inspection, then collapses and causes injury, it would not give rise to a claim against the landlord.  The law does not require the landlord to conduct regular safety inspections to pick up hidden dangers.

A landlord owes a duty to take reasonable care for the safety of tenants and visitors, but that duty is only that of a reasonable person in the position of the landlord.

At the beginning of a lease, once you have inspected the property, if you find any aspects of the property are dangerous, you should alert the landlord and managing agent and request the necessary repairs to make it safe. This should be made in writing.

You should keep note of all correspondence and communications that you have had with the property manager or landlord in relation to any complaints about any dangerous or safety issues with the property.

The law requires that landlords must take reasonable steps to ensure the safety of its property and its tenants but only in circumstances where: –

1.     The property is in some way defective, and this is obviously dangerous.

2.     The landlord (or their representative) knew or should have known about the defect; and

3.     No timely or reasonable action was taken by the landlord or their representative to repair the defect and prevent the risk of injury.

To be successful in a claim therefore, the landlord must know of the dangerous condition of the property, or they should have known of the defect because it was so obvious.

Types of Cases

There are many ways in which a property may be unsafe, such as: –

1.     Rotten or broken floorboards

2.     Problems with stairs and steps

3.     Failure to provide proper handrails

4.     Dangerous paths and paving

5.     Unstable balconies and balustrades

6.     Inadequate lighting on the property

How to make a claim

If you have sustained an injury whilst at a rental property, you should take the following steps before contacting a lawyer: –

1.     Immediately alert the landlord and property agent of the incident and the injuries you sustained.

2.     Seek medical treatment straight away and explain how your injuries occurred.

3.     Keep all emails or letters sent to the landlord or property agent in relation to the defect in the property.

4.     Keep records and receipts of all your medical and related expenses incurred.

5.     Take photographs of the defect which caused your injury.

6.     Do not try and fix the property without notifying the landlord and obtaining approval.

If your injuries are serious and permanent, you should contact Garling & Co Lawyers to discuss the possibility of making a public liability claim.

Generally, you have three years from the date in which you knew or ought to have known you had a right to make a claim against the landlord.  You should therefore always contact a Lawyer and obtain advice well within three years from the date of your injury.