Property Managers should not be liable
Inspecting buildings for structural defects and safety hazards is a job for a licensed and insured professional with suitable experience and training.
The law courts have recently held that a Property Manager is not considered to be a fit and proper person to inspect a rental property to ensure that the property is in a safe and well maintained condition.
In the case of Graton v Gillan Investments Pty Ltd, the landlord was held to be liable for failing to keep the rental property in a safe condition. The landlord was held to have had an obligation at the start of the tenancy to have the property inspected and assessed by a qualified person.
This case has broadened the requirements of landlords to have a “reasonable inspection” under the current Residential Tenancy Law. Landlords now face increased liability for defects which may have previously not been detected. In this case, the tenant was awarded damages of $100,000 for her injury.
As the agent of the landlord, Property Managers should make it a practise that at the commencement of each tenancy, and for all current tenancies, a qualified Building Inspector be engaged to examine the repair and safety of the rental property.
Landlords Insurance will not cover you
If the rental property is not maintained in a safe condition, then there will be a breach of the Landlords Insurance and or Building Insurance conditions. Most insurers require a landlord to maintain the property in a safe condition at all times.
Discharge your legal responsibility
Deaths and serious injuries from the collapse of decks, balconies, stairs and floor boards are becoming all too frequent. The landlord (and the Property Manager as agent of the landlord) may be liable.
If someone is injured or dies whilst at the rental property and this is found to be due to a lack of maintenance that should have been detected by undergoing a regular professional inspection, then you may well be liable.
BuildingPro offers landlords a number of annual inspection services including:
- Annual Building & Timber Pest Inspections,
- Annual Building Maintenance Inspections,
- Annual Termite Inspections, and
- Annual Deck Safety Inspections.
By utilising our Landlords Inspection Service you can meet your responsibility and aid in protecting yourself (as agent of the landlord) from litigation and penalties while ensuring that the rental property is in a safe condition for the tenants.
Our Landlords Inspection Service
As part of our Landlords Inspection Service, an inspector will visit the property on an annual basis. We can arrange the access to the property with you as the Property Manager and or tenant/s.
The inspector will inspect and report on the condition of the rental property according to the annual service requested.
A detailed report will be sent to both you (the Property Manager) and the landlord. The report will enable you as the Property Manager to promptly arrange any necessary repairs.
BuildingPro has been carrying out Building and Timber Pest Inspections; Building Maintenance Inspections; Deck Safety Inspections and a range of other property related inspections for Commercial and Residential properties since 2002.
All our inspectors are appropriately licensed and experienced and carry Professional Indemnity and Public Liability Insurance.
We also offer Warranty Inspections, Handover Inspections, Defect Inspections, Asbestos Inspections, Pool Safety Inspections, Pest & Termite Treatments and Mould Inspections. For more information, please contact us.
For more information about this service, please download our Landlords Inspection Service Brochure (PDF). We recommend that you forward our Brochure to all your landlords. It only takes a couple of minutes of your time to discharge your legal responsibility.
Book an Inspection
To book your Annual Inspection Service, please complete our Landlords Inspection Booking Form. If you would like to discuss your inspection needs further, please give us a call on (07) 3311 2273 or send us an email.