NSW Sublet Garage Caught Fire - What Can Happen in Court?

[Bing]

I sublet the garage for a very short period of time (1 Month) due to some emergency without the owner's written consent. Actually, there is no written paper for sub-letting. Real-estate knows verbally about sub-letting but didn't interfere much on that. The sub-letter kept some furniture inside the garage.

The building caught fire within one month and all the garages in that apartment has burnt fully, along with the furniture inside. Police evacuated the whole building.

The furniture owner is now threatening me to give his money back for an extremely huge amount, which actually was not there. Under property law, what could happen if it is taken into court?

 

[Rod]

The furniture owner should have had insurance. No different to landlord and tenant. Landlord insures building, tenant insures his own contents.

As long as you didn't start or contribute in some way to the fire, or tell the furniture owner it will be covered under your insurance, you should OK.

 

[Tim W]

Greatly different to landlord and tenant.

For example, actually renting out (sub-letting) the space is a different legal animal
to simply allowing somebody to temporarily store "their things" in what remains "your" garage.
(the point of difference is the question of exclusive occupancy of the space, @Rod...
which is in turn relevant to where the risk lies).

I'd be looking either to your contents insurance, or your landlord's,
with a view to making a claim for fire damage.

 

[Rod]

The OP doesn't say where the fire started (ie which garage) or why but it is implied the fire had nothing to do with the OP. Assuming this is correct, and it is a real sub-let, my (limited) understanding is that no liability in this instance attaches itself to the OP.

I understand liability can apply where there is no exclusive occupancy however I thought, perhaps incorrectly, that liability will only attach in a sub-letting situation where there is some kind of fault and/or negligence by the OP. I agree if the tenant just allows the friend to store things then the tenant assumes some responsibility for the items.

A landlord generally only covers their own property, not tenant's property. If tenants want insurance cover then they insure their own property. The renter's insurance may cover the friends property but the answer will be in the insurance policy.

 

[Tim W]

We are both assuming that the fire was not the fault of the OP.

Also in play regarding where the risk falls is whether or not
the garages are part of the individual strata lots, or are simply parts of the common property
licensed for use by one tenant or another.

But, before we get too arcane on fine points of insurance law,
let me be clear in saying that I agree with you
in that I don't see how the OP can be personally liable
for an event over which they had no control.

 

[Bing]

Hi Rod & Tim,

The fire expanded thoroughout the whole basement. So, all the garages in basement and the content inside were burnt fully. Few of my furniture was also there. Building owner claims about building insurence only. As a tenent, I didn't do any content insurence. Actualy, during this mishaps, I was out of city.

 

[Rod]

Is the cause of the fire known?

 

[Bing]

Cause of the Fire, probably Police and other Investigating agency know but not related to any human interaction that is for sure.

 

[Tim W]

I still don't see any basis for your friend having a claim on you personally.

 

[Bing]

That's what my question is... If he thought his item was valuable, he could have done insurance for those content. I just helped him by giving space and now he is fighting with me claiming the compensation and threatening to file a case against me.