Opinion | Responsibility for property repairs | Dean Frith

Property repairs: Obligations examined.
Property repairs: Obligations examined.

The legal liability of a Managing Agent in respect to repairs and maintenance to a property the subject of a Management Agreement has been recently highlighted in a decision of the NSW Court of Appeal.

The court found that by reason of a Management Agreement entered into between a Managing Agent and property owner, the Managing Agent accepted a delegation and authority to arrange repairs and maintenance in accordance with the owners’ obligations to repair the property.

On that basis the Managing Agent owed a duty to exercise reasonable care in maintaining the premises.

As a result of the court finding that the Managing Agent, in failing to properly carry out the Managing Agent’s obligations, on behalf of the owner, to maintain and repair the property, was held liable in negligence to persons who were injured from the collapse of a balcony on the property, the subject of the Management Agreement.

Dean Frith is a lawyer and partner at Baker Love Lawyers