Prosecutions against landlords or property managers
As far as I am aware, WorkSafe has not yet taken a prosecution against a landlord or property manager under the HSE or HSWA. I've done a little research to scratch the surface , but I can't find anything within Australia that indicates a primary duty breach or a CCC breach. Does anyone have any info about any enforcement action against landlords or property managers that they can share?
Hi Sam, have you had a look at the NZ Tenancy Tribunal website? You might find some information on there.
I'm not aware of any in NZ - pretty low probability I'd say. Worksafe would go after contractor in first instance. I don't think there budget would go to a landlord prosecution.
From the tenants point of view much better chance of getting some loot from the landlord via the tenancy tribunal than getting anything via worksafe.
Thanks Sharyn and Andrew. I'll continue my hunt. I've found some cases in the UK that touch on this, but nothing immediately useful.
Hard yards (read lots of time, effort and money) to get a successful prosecution against a landlord so any action would have to be relevant (in term of making a statement/example) and have a high chance of success before any Government agency would consider it. Greater responsibilities for landlords in the HSWA legislation may see this change now that specific failings are easier to pinpoint, however, already landlords are putting it back on tenant with their compliance record books, etc.
WorkSafe would only follow up on work place incidents, so could only prosecute a landlord or property manager for unsafe work practices for anyone working on the property. As such WorkSafe prosecutions won't be categorised for "landlord" or "property manager" and would likely be a building work breach of some sort so it will be a large research task to find your targets!
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