Qld rental compensation claims are on the rise with Shine Lawyers

A woman who fell through a “rotting” set of stairs and broke her ankle is seeking compensation.

A woman who fell through a “rotting” set of stairs and broke her ankle is among dozens of tenants seeking compensation after being injured at rental properties – some with known maintenance issues.

Surgical nurse Trisha South was carrying a basket of washing down the back stairs of her Acacia Ridge rental property in April last year when she claims they gave way and she fell, fracturing her ankle.

Ms South claims she had requested the rotting stairs be fixed before her fall but attempted repairs were inadequate.

“They were falling apart and rotting,” she said.

“If it had been someone older or more frail they could have been killed.”

Ms South said she was forced to borrow money after being unable to work while recovering and has relocated. She is now seeking compensation.

Her former property manager declined to comment on her claim.

Ms South’s incident is among about 100 active cases being pursued through Shine Lawyers, who have reported an increase in tenants making claims for injuries at Queensland rental properties over the past six months.

The complaints concern properties across the state with a variety of different owners and property managers.

Shine Lawyers has about 100 active cases involving rental property claims.

In another case, a tenant was injured twice in separate incidents.

On the first occasion, she was walking down internal steps when she slipped on stairs without a handrail – an issue she had previously reported to the landlord – resulting in a back injury.

On another occasion, the woman was walking with scissors in her hand up back internal steps where the landlord had attempted to build two steps out of concrete blocks.

As she went to step on the blocks, they came loose and lifted, resulting in her falling and causing her to impale her other hand with the scissors.

She has now developed complex regional pain syndrome which has significantly impacted her ability to continue working as a nurse and she is now unable to perform CPR.

In multiple other cases, properties with reported water leaks had caused tenants to slip and suffer limb and back injuries.

Shine Lawyers’ Head of Personal Injury for Queensland Peter Gibson said water leaks and lack of stairs maintenance were among the most common causes for injury claims.

He said in an increasing number of cases, victims had been reporting trying to deal with maintenance issues themselves to avoid being labelled a “troublesome tenant”.

Others have reported being told by property mangers of an unwillingness by landlords to do repairs and maintenance.

“I guess that’s because the rental market is so tight, and because interest rates are going up, it’s probably putting the squeeze on their costs as well,” he said.

There has been no shortage of battles fought over rental properties.

“But the consequence of that is, if things aren’t being maintained properly, and things aren’t being repaired when asked, people hurt themselves.”

Mr Gibson said in many cases defect issues should have been identified in pre- or routine rental inspections.

According to the last Residential Tenancies Authority Annual Report, repairs remained the second biggest reason for disputes after bond claims.

Tenants Union of Queensland CEO Penny Carr said it was a landlord and agents market right now with average rent increases in June hitting $122, with the highest reported a staggering $300.

She said among the 600 weekly calls for help to the organisation, were tenants reporting they live in “constant fear” and are more reluctant to pursue their rights like progressing repairs and maintenance.

“I understand why some people are reluctant, because they’re worried about their household and having a roof over their head,” she said.

“Definitely in a market like this, you see some poor behaviour, because people can get away with it.

“Tenants are worried about the current tenancy if they will get renewed … so you also get people who don’t want to raise their heads above the parapet.”

Ms Carr said tenants feared a “retaliatory eviction” if issues are reported.

“A lot of people are fearful that because they can be evicted with no grounds, they’ll be seen as being a problem tenant,” she said.

REIQ CEO Antonia Mercorella said it was quite concerning to hear reports that tenants were reluctant to report property maintenance issues given Queensland’s strict laws.

“The reluctance or unwillingness to report indicates there needs to be more education for tenants in this area to allay their concerns,” she said.

“It is not only law, but it is in the best interest of both parties for tenants to report damage or required repairs and maintenance in a timely manner.

“We advise property managers to seriously reconsider whether they want to represent lessors who refuse to comply with requests relating to tenant safety.”

Housing Minister Meaghan Scanlon said the state government had introduced reforms to make it safer, fairer and easier for renters including changes to minimum housing standards for new tenancies.

She said under legislation, faults and damages that made a home unsafe or were likely to injure a person were classified as “emergency repairs”.

“That means property managers and owners are required to provide a contact for emergency repairs, and renters can contact them to arrange for those issues to be fixed,” she said.

“We also have new legislated minimum housing standards requiring homes be weatherproof, structurally sound and in good repair.

“It means property managers and owners have an obligation to make sure homes are safe, secure and functional, and renters have the law behind them when a property does not meet those standards.”

If a renter believes their property manager or the homeowner hasn’t met their legal obligations they can contact the RTA for information, and request an investigation.

Originally published as Qld rental compensation claims are on the rise with Shine Lawyers