Paul:
We’ll go to Dianne in Ormond. Good morning to you.
Dianne:
Good morning, Paul and David. I’m ringing in relation to an issue that happened with my daughter in a rental property in January. She was in the shower and received a significant electric shock and had to spend a few hours in the hospital and had immediate testing and then ongoing testing for a week or so after the incident.
As a consequence of that my daughter and her partner moved out of the apartment because they just felt emotionally confronted by the experience.
DW:
Yes.
Dianne:
And as ongoing discussion with the agent, the agent has agreed to pay their bond back but has refused to pay her medical costs because they see it as being without justification or with the consent of the landlord or referenced to the agent themselves.
DW:
I think that the landlord has an obligation to provide you with safe premises. If they’re not safe, you could make a claim for compensation against the landlord. Now clearly they’ve failed appropriate electrical safety standards.
Dianne:
Yes.
DW:
So your daughter has a claim for compensation and would have the ability to make a claim to VCAT to shorten the lease. That bit’s already happened.
You can make a claim for compensation. But whether you bring it in the Magistrates’ Court because it’s really a personal injury type claim as opposed to a contractual claim under the Residential Tenancies Legislation. Probably Magistrates’ Court.
Dianne:
Magistrates’ Court.
DW:
Yes.
Dianne:
So there’s no liability for them to pay her medical costs as a result of that.
DW:
No, no; but that’s the question. Your daughter’s been injured. Your daughter has a claim for compensation as a result of loss she suffered while using some premises that she thought were safe. Right?
So are they required to pay medical bills? They’re required I think to pay compensation. Part of the compensation would be the medical bills. But there’s no automatic right to I’ve been injured while I was in your premises, as a result of something wrong with the premises, you have a legislated obligation to pay medical bills. No.
Dianne:
Okay.
Paul:
So seek out some sort of resolution through the Magistrates’ Court, Dianne. Thank you very much.