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Can a landlord contract out of personal liability?

Can a landlord contract out of personal liability

Recently a landlord that had transferred their management to our agency inquired as to whether they could insert a special condition in the lease that would excuse the landlord for any claim made by an occupier for personal injury.

The short answer is NO.

The tenancy legislation states that the lease must not contain terms that are prohibited, one such exclusion is the requirement that the tenant must take out a specified, or any, form of insurance.

The Act goes on to specify that a landlord’s agent must not enter a contract or other agreement with the intention, either directly or indirectly, of obtaining an exclusion from or indemnity for personal liability for any act on behalf of the landlord that renders the landlord’s agent liable for an offence under the Act.

It should also be noted that the Tribunal has the power to make an order declaring that a term of a residential tenancy agreement is void or partly void if they are satisfied that the term is inconsistent with any term included in the lease by the Act or Regulations.

If you are a landlord and would to know about how the risk burden of personal injury can be shifted , then call any make an appointment with one of our property managers.