The Liability Of Landlords Revisted:

Introduction

A recent decision of the New South Wales Court of Appeal, Estate of the late Joseph James Virgona v. Rachael May De Lautour (18 October 2007), has upheld the landmark High Court case of Jones v. Bartlett by deciding that a landlord did not breach its duty of care to a plaintiff tenant who fell through the roof of a rented property.

The Court of Appeal’s decision was a very practical and sensible application of legal principle, which overturned the earlier verdict in the plaintiff’s favour. Landlords and their insurers will be relieved with the outcome, which consolidates a recent trend in this area.

Facts

The plaintiff, Ms De Lautour, alleged that she sustained personal injuries whilst attempting to store her personal items in the roof area of the premises which she rented along with several other tenants. When inside the confined and dark roof space, the plaintiff placed her right foot on a thick wooden beam and her left foot on an adjoining piece of wood which she