VIC Fire Accident at Property on Lease - Am I Liable?

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Jade42

Member
6 April 2017
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I am a tenant running a little shop on a leased property.

A few months back, fire was caused on that property, definitely without intention, and I need some help. The fire was caused by a pre-heating pan with oil catching on fire while I had to serve a customer. The property is small and store is connected by residential area.

According to Retail Lease Act 2003 - sect 57 - Damage premises (RETAIL LEASES ACT 2003 - SECT 57 Damaged premises) it says "... except where the tenant caused the damage...". I think whether it was an accident or not, I have caused the damage so I doesn't apply to me, but I still would like to double check.

Thanks
 

Rod

Lawyer
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27 May 2014
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I am not familiar with this act, but reading the legislation you quoted indicates that intention is not factor. So whether you intended to start a fire or accidently caused a fire, it doesn't matter.

Whether there is anything else in the Act that can help you, I have no idea.
 

Iamthelaw

Well-Known Member
13 September 2016
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You caused the damage (regardless of your intent to do so). You still have to pay rent.