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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.

pubic liabilty claim - Public Liability and Tenant Rights

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.

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