An owner of leased premises has a legal obligation to ensure that the property leased out by them is safe.

The primary duty of the Landlord in these circumstances will be normally limited to:

  • defects that existed at the time the tenancy commenced or was renewed.
  • defects of which the Landlord knew or ought to have known that arose during the term of the tenancy.

In the High Court decision of Northern Sandblasting v Harris, the Court held that the Landlord in the particular case was under a general duty of care to its Tenant to provide safe premises at the commencement of the tenancy.

The Tenant had requested the Landlord to attend to the repair of some faulty electrical wiring at the premises.

The work was undertaken by an electrical contractor engaged by the Landlord in a negligent manner.

As a result the Tenant suffered loss and damage for which the Court found that the Landlord was liable.

Landlords of rental properties which contain asbestos or other hazardous building materials are required under the Victorian Building Regulations to arrange for an asbestos audit to be undertaken and to comply with the provisions of the audit report once completed.

If a Landlord is unsure as to whether or not there may be any asbestos in the building owned by it, it will be the Landlord's responsibility to check this.

In order to protect themselves, Landlords should at the commencement of each tenancy or a lease renewal, undertake an inspection to ensure that the premises are in a safe condition.

Any repair or maintenance obligations which may be the responsibility of a Tenant should be identified and a request made for the Tenant to attend to these with a follow up inspection to confirm that they have been appropriately attended to.

If a lease term is for more than three years, an inspection should be undertaken mid term to identify any relevant matters requiring attention.

Any works that are to be undertaken by a Landlord must be done in a competent and professional manner.

If a commercial property is managed on behalf of the Landlord, it is important that the Managing Agent as part of its obligation assume the responsibility for inspections and to notify Landlords of any repairs which are their Landlord responsibility.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.