Know your rights if you’ve been injured in a rental property

No matter whether you own your home or rent it, everyone deserves a safe place to live. But with the current housing crisis, low vacancy rates, and skyrocketing cost of living pressures, more renters than ever are staying in unsafe homes.

Around one-third of Australian households rent, and this figure is expected to rise over time according to the Reserve Bank of Australia (RBA). Unfortunately, housing affordability issues have pushed the dream of owning a home out of reach for many.

While this isn't a new problem, the current shortage of available and affordable housing across Australia has left more people with no choice but to stay in properties with known safety issues. Some may have reported these issues to their landlord, who has failed to act, or they might have been afraid to report known issues for fear of eviction.

Whatever the case may be, it's essential for people to understand their rights as renters and the options available if they have been injured.

Common rental property hazards

While we all have a responsibility to keep ourselves safe, as a renter there are certain hazards that can only be addressed by the owner of a property.

The most reported structural problems are:

• Black mould

• Cracks in walls or floors

• Sinking or moving foundations

• Walls or windows being out of plumb

• Major plumbing problems

Source: Australian Bureau of Statistics

Additionally, we’ve seen claims arise due to unsafe stairs, balcony collapses and roof collapses, highlighting the dangerous consequences renters can experience when required repairs are not conducted. 

What happens if the rental property is unsafe?

Poorly maintained premises can result in injuries, which may range from minor scrapes or bruises to more severe injuries such as broken bones, fractures, dislocations, and injuries to your back and neck.

We understand that you may be concerned about reporting issues to your landlord, however, it’s important to remember that just because something is not a problem now doesn’t mean it might not be one in the future.

What happens if someone gets hurt on your rental property?

If a tenant, guest, or tradesperson suffers a personal injury on rental property grounds, the legal and financial responsibility generally falls on the owner. Landlords and property managers have a strict legal duty of care. They are required to keep the home reasonably safe, secure, and fit to live in.

What are your rights if you are injured in a rental property?

As a tenant, your landlord is legally obligated to take reasonable care to maintain and repair the property to prevent injury and harm.

We encourage all renters to always immediately photograph issues when they arise and inform their real estate agent or landlord. If something doesn’t look safe, don’t be afraid to ask questions like ‘How old is this?’ or ‘When did you last have it checked?’

Are you eligible to make a public liability claim?

If you are dealing with unsafe conditions, we highly recommend taking clear photos of the hazards immediately and notifying your real estate agent in writing.

If the worst happens and an injury occurs, a specialised tenant injury lawyer can guide you through the process of filing a public liability claim. This can help cover your medical treatments, rehabilitation, and lost income while you recover.

At Slater and Gordon, our dedicated team of rental property injury lawyers are here to help you navigate this stressful time with care and empathy. Learn more about Public Liability claims and compensation today, and remember, it doesn’t hurt to ask if you have been injured at your rental property.