Emil Ford Lawyers

Managing agents can be liable for injuries suffered on a property they manage


A NSW case has demonstrated that managing agents can be liable to pay damages if a person is injured on a property they manage.

In the NSW case, the balcony of the tenanted property was constructed in 1995 with a type of timber highly prone to rot. Damage began to occur in 2001 and over a number of years both the tenant and the owner made numerous requests to the agent to arrange for the balcony to be repaired. This was not done and the balcony collapsed in 2012, injuring several people.

The Supreme Court said that under the circumstances, the agent was obliged to maintain the property, and held the agent liable for 50% of the damages paid to the injured persons.

Managing agents should be reminded that their management role may require them to actively manage maintenance issues through to conclusion.

We have acted for agents in similar circumstances and in Court proceedings. If you require advice or assistance, please do not hesitate to

Suite 4 Level 5
580 George Street
Sydney NSW 2000
Phone: +61 2 9267 9800
Fax: +61 2 9283 2553