Landlord Liabilities

As a landlord you should be sure of your legal obligations to provide safe premises for your tenants.

Landlords should not assume that the lease gives them protection from liability for what happens to the tenant while in occupation.

Changes to the Residential Tenancies Act make it clear that the landlord has an increased responsibility to ensure their properties are safe, for the tenant and for third parties.

A recent spate of litigation where injury and theft were deemed to be the result of a landlord failing in his duty of care to provide premises that were safe for occupation as normal actions could provide - except for defects which could not reasonably be discovered - were settled in favour of the tenants even though the negligence was committed by third parties in each case.

So what can a landlord do to protect himself?

• Be vigilant and find out what is happening at your property.
• Have the property inspected regularly. Check the structure, water pipes, wiring, paths, etc.
• Maintain adequate public risk insurance and make sure there are no exclusions to the policy if you want to make a claim.
• Before purchasing, arrange for a written inspection by a qualified professional. This may avoid the expensive repairs required to make the premises safe for tenants.

Top of page