Liability of landlord

[Beano]

When tenants request the landlord indemnify the tenants if a contractor (working onsite) either damages or steals tenant's possession what have you said or done?

[Bob Kane]

I haven't been asked this yet but my answer would be that the tenant needs to take out their own insurance for their possessions.
If the tenant isn't happy with this and wants to prevent a contractor doing work on the property then bad luck for the tenant, I don't think they can stop the landlord employing the contractor.

[Sportsvee]

Does the tenant know something about this particular contractor you don't, or wanting cover in general?

Just a thought.

[jimO]

like the plumber will steal the TV

[PC]

Tenants need to have their own contents insurance.
They have no coverage from the LL.

[Wayne]

The contractor should have public liability insurance - that will cover any damage they cause.
The tenant should have insurance for their possessions. If they can prove that the contractor stole (which they would need to do to claim off you anyway) then they should see the Police.

[Keithw]

agreed, it is tenants responsibility to have own insurance, few seem to realise this.

However I have seen a couple of instances that blurr the lines.

1) block of apartments being painted by contractors organised by the body corp.
painters needed units unlocked so they could paint around the external doors.
Some scumbag knew this & went down the row of units at will, taking whatever they could grab, ie laptops, phones etc
Whose responsibility ?
tenant for leaving door unlocked,
Body Corp for insisting that they are left unlocked,
Painter for not providing security to protect the units during the time they needed them unlocked.
Landlord ?

2) another situation occurred when a tilta garage door spring broke and flew off while tenants car was in the garage.
Damaged (small scratch and dent) the side of the tenants car.
Landlord liability ?
Landlord insurance claim - consequential damage which tend to be hard to get insurance to pay out on.
Tenants insurance issue ?

the liability is not always clear, which is why insurance companies spend so much effort to find a way out.

[Beano]

Normally this tenant will watch the contractors while they are working but in this instance it is a complete re'wire of a house and they said they do not have the time to follow them around
So if anything goes missing or is damage they want the LL to pay
They will tell us after the contractor has finished if anything is missing and asked to be reimbursed

[Bob Kane]

No problem then.
Either:
a) Hand their claim to your insurance company and let them sort it out.
or
b) Hand their claim to the contractors and watch the fight.
Either way, the tenants will try to recover their (alleged) loss from your rent so get ready.

[John the builder]

insurance doesnt cover for people legally on the premises?

[flyernzl]

Normally this tenant will watch the contractors while they are working but in this instance it is a complete re'wire of a house and they said they do not have the time to follow them around
So if anything goes missing or is damage they want the LL to pay
They will tell us after the contractor has finished if anything is missing and asked to be reimbursed

Under current OSH legislation, no-one not actually participating in the work should be on the worksite.
So the contractor has the power to insist that the tenants arte not there to watch.

[FJW]

Would be logical to discuss it with the contractor to get their side of the story then act accordingly. If the tenant sues you then you would have to sue the contractor.....