Hi All,
I had this situation and would like to know where I stand legally in this.
The tenant says that her mother fell in the yard because of a small hole which she couldn’t see as grass was a bit tall. She threatens to sue me. The managing agent negotiates with the tenant and waives off her electricity bills for 6 months(which I had to pay), so the tenant doesn’t sue me.
The yard is shared by two flats. I get the yards maintained and a yardsman mows the lawns every month for which I pay.
Am I liable to be sued for negligence if someone falls in the yard when neither was I informed of a problem of the hole by the tenant (so I couldn’t have fixed it beforehand), nor do I think was the hole present when the tenant moved in(it isn’t in the inspection report)?
Do you see a fantastic managing agent who handled a situation very well or a softy who let me blackmailed?
Cheers
SamJust wait till you see the huge power bills that come in over winter, now they know they dont have to pay them. Heaters will run all day and night and showers will be 30 minutes each.
This is a complex area of law. Landlords can be sued and do get sued all the time.see Muir v Hume [2003] QSC 191 http://archive.sclqld.org.au/qjudgment/2003/QSC03-191.pdf where the tenant tripped and hurt her back and got awarded something like $1mil.
Sam's case is different because he was not notified of the problem. The question is was his negligence the cause of the person's injury – and did they suffer damages from it?
It could be argued that Sam had taken responsibility in looking after the lawn as he has arranged mowing. Did Sam know about the hole? If he did and took no steps to fix it he may have been negligent, but this doesn't appear to be the case.
The injured person also has to prove they suffered the injury and that the injury was done by tripping in the hole.
Sam, you probably shouldn't have left it to the agent to negoitate – what if she decides to sue you anyway after you have paid all of those bills.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
i dunno about the legals … but they sound like crappy tenants.
Sounds nasty.
Terry makes a lot of great points. I would explain to the rental manager that they need to let you decide in future. Your property your rules. You may have offered three months or a weeks free rent or something a lot less.Sounds like the manager got spooked and went for broke. Betcha they will be telling everyone in town about it! Thank the agent for their work to try to keep you out of court, explain that next time you will get legal advice first (you can decide that if it ever happens again) and that you as the owner will make any future decisions.
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MeIf I was you I would insure myself for this risk.
Check out having landlords insurance that covers you for public legal liability.You can even get sued by a trade person , if you request them to attend to fix something on your property and they fall over or get injured on your property you will be liable.
Thanks for the replies. Yes I have LL insurance which has public liability cover. But still I feel it’s a hassle if it gets that far. The tenant had given a notice to leave when this happened and has left now. I did think that agent acted meekly and not in my best interests. But since this was handled by the Licensee of the agency who obviously has more experience than me in handling these issues, I wasn’t sure. So I thought it was best to ask experienced people here before I give the agent a mouthful.
Cheers
Samwho was responsible for mowing the lawn you or your tenant?
so you came to an undocumented settlement not with the allegedly injured person but someone entirely different?
on rereading your post I see that there is no mention of lawn, but of grass – was your agent smoking this at the time?
The property has two flats, top and bottom. Since the lawns were shared by both tenants, I was told by the property agent that I would have to maintain them. So I am responsible for mowing the lawns.
Yes, that’s correct my agent on my behalf came to an undocumented settlement with the injured person’s daughter. To my disbelief I was told after it was all settled. And I suspect that the property agent thinks that I should be grateful to them for handled this situation “well” and getting me out of trouble.
I will change the agent after the property gets tenanted.
I think in most agreements when you appoint a property agent you are appointing them to act on your behalf in relation to the property – ie they can enter contracts, make decisions etc. This is the meaning of the term ' agent'.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Unless it is expressly contained in the agency agreement that the agent can settle personal injury claims, I do not think the agent would have either implied or ostensible authority to settle a potential claim for personal injuries
crj wrote:Unless it is expressly contained in the agency agreement that the agent can settle personal injury claims, I do not think the agent would have either implied or ostensible authority to settle a potential claim for personal injuries
yes, i would think so too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If some dog digs a hole, or rain makes a hole, or soil subsides or settles, whatever the natural cause, the tenant must be to some degree responsible for looking where they walk.
The REA may have felt this settlement price was "in your best interest", but handling these matters takes insurance company expertise to draft indemnities and get them signed.
Wouldn't be without public liability insurance, work with your insurer.
Cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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I don’t know much about this, however I would think
*Your insurance would cover any damages – if proven it was your fault however you went to reasonable lengths by having the yard maintained. And I would say there is no direct links.
* was it documented are there any doctors reports – I would be asking to see them before paying for any electricity.
*Also if you are paying for the electricity and they are happy with that, I would say that there is little or no injury as if the injury was serious they would have lodged legal action by now. Obviously paying the electricity they believe is enough compensation.
I believe the blackmail on your agents account was misguided. Your real estate agent has put you in a vulnerable position I think now they have advised you to pay the electricity which in my books is not ethical.
Cheers,
Guys
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