In relation to tenants and the areas around your investment properties, what is the duty of care situation that is expected of a landlord.
For example, if someone burgles the house but trips over a hose that your tenant left out, would the scum sucking burglar sue the tenant or the landlord? Who would be liable?
Being a teacher, I am VERY aware of duty of care and the basic ideas when handling children, but I am curious about others experiences with duty of care with tenants.
Is there anyone out there that can enlighten the forum with their story or a story they have heard of?
Cheers
StephSuccess is 1% inspiration and 99% perspiration.
>>Is there anyone out there that can enlighten the forum with their story or a story they have heard of?<<
What is that ??? Thinking of writing a book ?
Anyway, a friend built a super market but the council didn’t want to sign off on the building because the doors were deadlocked and couldn’t be opened from inside.
The Council insisted that a burglar who broke into the shop should be able to open the door from the inside just in case a fire broke out.
Is this first or second class stupid thinking ?
Pisces
that’s the sort of stupid arsed stories I’m talking baout Pisces. Really it is for light reading but also to alert those who may not know much about duty of care.
And no I’m not writing a book….
Success is 1% inspiration and 99% perspiration.
Mum worked at a childcare centre, and it was the same story. They couldn’t make it completely secure, in case a burglar couldn’t get out!!
Cheers
MelI suppose as a landlord we have a duty of care to ensure any problems brought to our attention are rectified promptly.
eg. a smoke detector was broken, so i immediately, on the advice of my property manager got the handyman to install one.
Who can forget the great one in the media not long ago. A guy tries climbing into a pub and comes across the owner. Now i cant remember if the guy fell, or if the owner asked him to leave in a physical manner.
Either way the owner got sued for big bucks.
Regards Bear
Some years ago someone living in a second floor unit in Kings Cross was asleep during the daytime when he heard a noise.
He got up and saw someone’s head poking through the window in the loungeroom, trying to get inside.
The guy who lived there grabbed a chair and hit the burglar over the head. That obviously didn’t go down well with the burglar so, anxiously to get away, he released his grip on the window and fell down some two floors and was seriously injured.
The police wanted to charge the occupier of the unit with aggravated assault.
Now if you consider that the Kings Cross area is full of ruthless drug addicts + the fact that the burglar had a screwdriver in his hand (used to pry open the window but, for all we know, he may well have used it against anyone who would have tried to arrest him) I would think that many people would have reacted in a similar manner to Ian who felt under threat.
Judging by the policeman’s intention to charge the occupier it seems that one’s home is not ncessarily one’s castle.
I lost contact with Ian so have no idea about the eventual outcome.
Pisces
Bear, I think you are talking about the pub in the south of Sydney where the drunk idiot actuaqlly broke into the managers place. The manager is a big guy, I would not want to get on his bad side!
The manager took steps to dissuade him from continuing his folly and was sued. The idiot and his mother won about $40K but it was taken from them on appeal.
At least the courts get somethings right sometimes!
________________________
Bundy made me do it…..
Yeh, and I would think that the public purse (Legal Aid) paid for the idiot’s court expenses.
Pisces
Due care….Its ok to hit a man with a stick, if he has a stick.and he is entering your house..but you can not shoot him.[ thats excessive force.
You can shoot him if he’s coming into the house and he has a gun ,but you can not shoot him when he’s leaving, even if he has raped and pilaged….thats excessive force.
so my idea on that would be shoot the f…r as soon as you can even if he’s leaving the house,
grab his body put him inside the house and say he was in the house when you came home.
Thats due care for the family in my book.
But then again I’m strange that way [axe]
I always think its EZY[buz2]Yes Henry, it is a true story. I worked with the guy so it isn’t just a tale.
Pisces
geez there are some real twats around aren’t there?
Thanks to all who have shared, it has made me realise to not leave ANY stone unturned when it comes to IP’s.
Dear oh dear… Oh yeah, it’s just like that case of the bloke who was drunk at a pub, he walked out on to the street and got hit by a car. He sued the pub for letting him get too drunk, but apparently the staff reckon he didn’t look or sound drunk. I know that feeling coz my husband is a little like that. Holds his alcohol fairly well even when he is pretty smashed… Unfortunately the drunk got paid out some phenomenal amount of money, again showing up the legal system as a bunch of money grabbing leeches.
It makes me angry these days, when people cannot accept their own behaviour had something to do with how they live their life. We live in a time of blame and its sad to see that everyone has to be careful because of the other twits int he world who know how to rort the system.
My 2c….
Success is 1% inspiration and 99% perspiration.
geez there are some real twats around aren’t there?
Thanks to all who have shared, it has made me realise to not leave ANY stone unturned when it comes to IP’s.
Dear oh dear… Oh yeah, it’s just like that case of the bloke who was drunk at a pub, he walked out on to the street and got hit by a car. He sued the pub for letting him get too drunk, but apparently the staff reckon he didn’t look or sound drunk. I know that feeling coz my husband is a little like that. Holds his alcohol fairly well even when he is pretty smashed… Unfortunately the drunk got paid out some phenomenal amount of money, again showing up the legal system as a bunch of money grabbing leeches.
It makes me angry these days, when people cannot accept their own behaviour had something to do with how they live their life. We live in a time of blame and its sad to see that everyone has to be careful because of the other twits int he world who know how to rort the system.
My 2c….
Success is 1% inspiration and 99% perspiration.
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