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ARTICLE · 12 MAY 2014

Test your doormat: the reasonable landlord and harm to others

The landlord was found liable to the property agent for placing an outdoor mat inside, causing a fall and an injury.

AustraliaLitigation, Mediation & Arbitration

In brief - High standard placed on a "reasonable person" to foresee risks

In the case Dillon v Hair [2014] NSWCA 80, the NSW Court of Appeal recently affirmed the decision of a NSW District Court judge in finding a landlord liable to their property agent for placing an outdoor mat inside the front door of a recently vacated house, causing the agent to fall and sustain injury.

Tenant gives notice to vacate premises and landlord prunes trees at premises

Jann and Harry Dillon owned a property at Katoomba in New South Wales. They retained Margaret Hair of Century 21 as their agent to manage the tenancy of the property.

In April 2010, the tenant at the time gave notice that she wished to vacate the premises. The tenant told Ms Hair that she would vacate possession on 21 May 2010 and had booked removalists for 14 May 2010. In order for the removalists to gain access to the property, the tenant asked Ms Hair to arrange pruning of some trees. Ms Hair conveyed this

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