VIC Rental Property Fence Scratches Car - Who is Liable?

[Lea]

Hi there

I am renting a property and have mentioned a few times to the real estate agent about the fences / gates around the house.. in the strong winds the week before last the aluminium gate blew off its hinges and landed on my car..
Who liable for the costs to fix my car under property law?

Thanks in advance

 

[Sophea]

I would say you have a fair crack at getting the real estate agent or landlord to pay for it, IF you provided them with notice prior to the incident that it was in a condition where it could cause damage and they didn't remedy the issue within a reasonable time.

Check out this other post regarding real estate agent liability for things happening in rental property http://www.lawanswers.com.au/thread...es-for-trip-and-fall-in-rental-property.1064/

Obviously that post is regarding personal injury, but liability for property damage based on similar principles - and state laws are basically the same in this regard.