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

Get Instant Legal Answers - Free AI Legal Help
Join thousands of Australians each month using LawConnect’s AI assistant for fast, personalised legal information. No waiting. No cost. Start now.
Ask Your Question Now

Jade42

Member
6 April 2017
1
0
6
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
LawConnect (LawTap) Verified
27 May 2014
7,824
1,072
2,894
www.rvlawyers.com.au
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
412
86
794
You caused the damage (regardless of your intent to do so). You still have to pay rent.