QLD Mitigate Tenants Alleged Loss and Damage

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WiserNow

Well-Known Member
10 September 2014
113
16
454
As the landlord what duty do you have to a former tenant to mitigate their loss to damages being claimed against the final bond.

What reasonable steps must the landlord take to mitigate their loss.
 

Docupedia

Well-Known Member
7 October 2020
306
38
719
Mitigation depends on the nature of the loss that might be suffered - and the answer is in your question: you do what is reasonable in the circumstances.

For example: Say the house flooded because the tenant did some dodgy home plumbing. Doing nothing about fixing the issue would potentially cause further damage by rot and mould. While the tenant may be liable for the flooding damage, it could be the landlord‘s duty to ensure it is rectified (and then charged on to the tenant) so that the water does not cause further damage. That’s mitigation, taking steps to prevent flow on or consequential damage or loss arising from an initial ‘injury’.
 

WiserNow

Well-Known Member
10 September 2014
113
16
454
Thank you for your response.

The tenants vacated 4 months ago and asking for their contractors to have access to the property to conduct their own inspection and assessment of the bond items.

They are advising this request is being made as it is the landlords' legal obligation to mitigate loss and damage.