H&H Residential Properties wants the best for our clients and we have implemented the most up to date programs which will look after your best interests.

Landlords are in a difficult position regarding their exposure to personal injury claims from tenants for visitors to their property as they can be included in a claim or even held responsible even though they do not actively manage or visit the property. This is because they have a clear responsibility to ensure that the Tenant is provided with a safe property and free from issues that they should have reasonably been known about, irrespective of whether they personally inspected the property.

Landlords cannot merely rely upon the Property Manager to be able to avoid the risk via arguing that “I was paying a professional property manager to look after the property, so it was their responsibility!” The courts have demonstrated that line of defence will not usually be upheld. All stakeholders need to be pro-active and remove the risk completely.

Self-managing landlords are significantly more exposed and, unless they have the specific experience in inspecting properties for safety issues, they have a much higher probability of being included in a claim. In such a situation, any successful claim will be directly focused upon them and not apportioned with an agency.

Irrespective, whether the landlord was or was not contributory to the injury, one thing is certain, being that they will need to spend a very significant amount of time and cost preparing for and defending their actions. If they lose, then the situation moves to a totally different level regarding the magnitude of the claim and their ability to meet that claim. It is important to be aware that some personal injury claims have been awarded whole of life damages approaching $30M in recent years.

The majority of building insurance policies include wording that if a claim occurs as a result of something that you knew, or should have known about, the claim can be reduced or rejected.

Do not risk your valuable asset or simply your time and money!