Public Liability and Tenant Rights

Hundreds of thousands of Brisbane residents rent a property instead of buying for one reason or another. Tenants are entitled to live in a property that is well maintained and doesn’t have any undue risk of injury. Both the landlord and tenant have their own rights and obligations when it comes to renting and occupying a rental property.

Landlords’ obligations when renting out a property in Brisbane

Queensland law states that landlords must ensure that their rental property is safe to rent to tenants so that it minimizes the chance of accident and injuries. Rental properties are required to reach the standards as listed in the Building Code of Australia. Landlords must act as soon as possible when urgent repairs are required so that tenants are never exposed to any preventable dangers which could cause injuries. If you have been injured while renting a property from a landlord, you must prove that the property was not maintained to a satisfactory standard. This could include any of the following:

  • You knew the landlord was aware there was a defect and s/he did nothing about it, or simply refused to repair the defect.
  • The landlord or a rental agency responsible for renting the property did not respond as a matter of urgency to fix the problem, which means the injury could have been avoided.

The process for filing a public liability claim

If you are injured while on the rental property, whether as a tenant or visitor, and you can prove it is due to the landlord’s negligence, you might be eligible to submit a public liability insurance claim. 

If an accident does occur, you must first report the injury or illness to a medical professional. You should then contact the landlord/agent and advise them of the injury or illness and it was a result of a defect of the rental property. The landlord/agent should then notify the insurer and commence a claim. It is typically recommended you contact a specialist lawyer, such as those at Main Lawyers, to ensure you rights are being protected.  

Once you have done the above, you will be required to gather the evidence to support your claim. Evidence can take the following forms:

  • copies of recent payslips and ATO returns. This information can be used to prove your financial loss if you are unable to work due to the severity of your injuries;
  • proof of medical treatment which may include a report provided by your doctor showing the diagnosis, medical treatment and possible recovery time; 
  • eye-witness reports describing how your injury occurred; and
  • emails or other written correspondence advising the landlord/agent of the danger. 

The landlord/agent insurance company will likely require you to complete forms and request you provide any evidence. To ensure all matters, forms and documentation has been sufficiently and correctly provided, you can seek advice and support from Main Lawyers.

Arrange A Free Initial Consultation

If you require assistance in lodging a public liability claim in this instance, contact the expert team from Main Lawyers today for a free initial consultation.

Recent Articles

What To Do If Your Insurance Claim is Denied

Insurance is meant to be a safeguard for when the unexpected or worst happens. Flood, car accidents, medical negligence, property damage, business claims, loss of life, injury and illness can all turn you and your family’s life upside down. So, what do you do if...

How Long Does a TPD Claim Take and What Can Delay It?

Having Total and Permanent Disability (TPD) insurance gives you a financial lifeline if you’re forced out of work due to a serious injury or illness. Even if you have cover, you may not know how to make a claim or how long it will take to receive a payout if you’re...

Can you get workers compensation if the injury was your fault?

Every Australian worker has the right to work in a safe environment. To ensure this, your employer has a duty of care to you and all their workers. They must take all reasonable steps to keep you safe when they ask you to perform work.This duty of care applies no...

Case study – Total & Permanent Disability (TPD)

Relevant Details Age group:               50-55 Injuries:                    Wrists, Hands, Psychological Occupation:             Administrative Nature of Claim The claimant lodged a Total and Permanent Disability (TPD) claim through their superannuation fund...

Case study – NSW Work Injury Damages

Relevant Details Age group:               50-55 Injuries:                    Cervical Spine, Head, Psychological Occupation:             Manufacturing Nature of Claim The claimant suffered a significant injury to their cervical spine whilst working in their...

Case study – NSW Motor Vehicle Accident

Relevant Details Age group:               30-35 Injuries:                    Neck, Shoulder, Knee, Ankle, Psychological Occupation:             Teacher Nature of Claim The claim arises from injuries sustained in a motor vehicle accident. The claimant sought...

Mistakes people make dealing with insurers after an accident

If you or someone else is injured in a car accident, you need to seek medical attention immediately. Then you might want to call the insurer and tell them what has happened. But before you do that, make sure you have all the right information. What you say to the...

Can your employer pressure you not to claim workers compensation?

If you are injured or become ill at work, you may not be able to keep working. This can have a devastating effect on your life financially and emotionally. For this reason, every Australian business is required to take out workers compensation insurance to cover...

SETTLEMENT CALCULATOR

SERVICES

h

ARTICLES

CONTACT