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NSW Am I Liable for the Theft of Neighbour's Car?

Discussion in 'Property Law Forum' started by lawans85, 22 May 2016.

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  1. lawans85

    lawans85 Member

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    Hi,

    I am a tenant in Sydney. Last month, I had sublet my parking space to a neighbour. He is from Canberra and works for the Border force. He used my car space to park his Land Cruiser and paid me $50 for it. There were no written agreements. He paid me a bond of $100 for the garage remote.

    On Thursday, 19th May, he called me around 7pm at night and claimed that his car is missing from the garage. He claims that he parked it on Sunday 15th May and last saw it on Monday or Tuesday. I could not understand what he was claiming since the car keys and garage keys were (always) with him. I advised him to do the legal procedures and said I can help him if he needs to talk to the building management.

    On 20th Friday, he told me that he has lodged a complaint. While I am not sure about his exact statement of complaint, I would like to know whether I would be liable for the lost car? There are no written agreements between us. Can he claim that I am responsible for the theft of the lost car?
     
  2. Rod

    Rod Well-Known Member

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    He would have to prove you are responsible for his loss. Parking his car on your leased lot doesn't make you liable without some other evidence. This situation is no different to your landlord not being responsible for a burglary of the premises you rent.

    You didn't offer to a be a bailor of his property and he always kept his car keys.

    You should be OK.

    Who has he complained to?
     
  3. lawans85

    lawans85 Member

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    Thank you Rod for your quick reply. He told me that he has lodged a police complaint. Am not sure about his exact statement of complaint to the police.
     

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