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In today’s challenging rental market, many Australians find themselves living in properties with safety concerns due to housing affordability issues and limited vacancy rates. Whilst we all have a responsibility for our own safety, certain hazards in rental properties can only be addressed by the property owner. 

According to the Australian Bureau of Statistics, major structural problems are most frequently reported by renters from state or territory housing authorities (22%) followed by those renting from private landlords (17%). 

The most commonly reported structural problems include: 

  • Cracks in walls or floors
  • Sinking or moving foundations 
  • Walls or windows being ‘out of plumb’ or on a lean
  • Major plumbing problems.

Claims may also arise from unsafe stairs, balcony collapses, and roof collapses, highlighting the potentially dangerous consequences of neglecting necessary repairs. 

Understanding your legal rights 

If you’ve been injured in a rental property, it’s important to know that landlords and property managers have specific legal obligations. These include: 

  • Duty of care: Landlords or occupiers of premises (the person who has control over the premises, if not the owner) have an obligation to take reasonable care to maintain and repair the premises to prevent injury or damage to those using it. 
  • Property maintenance: A landlord must ensure that the premises are reasonably fit for their intended purpose and keep the property reasonably maintained. 
  • Insurance requirements: Landlords should provide comprehensive public liability insurance to cover potential claims. 

Steps to take if you’ve been injured

If you’ve sustained an injury in your rental property:

  1. Seek medical attention immediately for your injuries
  2. Document everything with photographs of the hazardous condition
  3. Report the incident to your real estate agent or landlord in writing
  4. Keep copies of all medical records and expenses related to your injury
  5. Consult with a legal professional from MEJ about potential compensation claims.

It’s crucial to understand that even if you believe you were partially responsible for your injury, you may still be entitled to compensation if your landlord failed to maintain safe premises. 

Don’t delay. Call or contact the MEJ team today through their free claim check service. 

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