Q Solicitors

"We must build dikes of courage to hold back the flood of fear."

Martin Luther King, Jr.

Happy New Year and thank you for subscribing to Q Solicitors' e-newsletter.

With Queensland's recent weather disasters, you are most probably being inundated with flood related emails and information.  We like to be unique, and not follow the trend, however, on this occasion we have decided to provide some important information that you may find useful if you have been affected by the floods.

Incidentally, there are also a number of email scams circulating, so be wary of any emails providing information on how to contribute financially.

Important Information for individuals

This is the first article in our series on flood disaster information. This article is to provide advice for individuals, namely private home owners and tenants with flood related issues.  Article two of this series is specifically for Business Owners and Commercial Tenants  whilst Article three provides valuable flood information for Body Corporates.

View of the Brisbane River from Captain Burke Park

For tenants renting a residence, your liability to pay rent is a very real issue.  If the residence is damaged or destroyed, then your liability to continue paying rent is determined by your tenancy agreement.  Minimum standards are provided for in the Residential Tenancies Act ("the RTA"), however, you will need to check your own agreement.  We suggest that you seek legal advice if you are unsure.

If your tenancy agreement is one made under the RTA, the fact that the premises may be damaged or destroyed does not automatically terminate your lease or allow you to stop paying rent.  However, if the premises are so damaged as to render them unliveable, then you can terminate your lease.  There are certain time frames in which you must provide this notice.  If the premises are partly damaged or destroyed (but at least part of the property is capable of being lived in) it is determined on a case-by-case basis as to how badly the property is affected, and whether you can enforce a reduction of rent.  The best option in all cases is to come to an agreement with your landlord direct.  It is strongly adviseable that you arrange for this to be recorded in writing.  For more information, please contact us.

If you own property affected by the floods, then it is important that you contact your insurance provider as soon as possible and lodge a claim with them.  A number of insurance policies in Queensland do not include cover flood damage; this has been the case for a number of years.  You may, however, be aware of certain insurers that are advertising the fact that flood damage is covered in their policies.  We suggest that regardless of which insurer you have selected, you pay attention to your policy in making claims.  We suspect that when the hype of the floods has dwindled, some insurers will be actively seeking ways of rejecting claims (such as a technical default under your policy such as being late on payment of a premium).  Where you believe that you have been unfairly treated, we suggest that you seek legal advice. 

As for your contents both tenants and home owners should have a comprehensive insurance policy in place to cover their contents.  Again, it may depend on the terms of the policy as to whether your contents are covered for flood damage. 

For those who have entered a Contract for the sale or purchase of a property, the fact that the property may be completely destroyed may not give you a right to terminate your transaction.  You may be required to complete your contract for the full amount of the original purchase price.  If you are purchasing a property and the purchase has "gone unconditional" it is extremely important that you have a comprehensive insurance policy in place, otherwise you may be forced to settle on the contract and will have to rely on the seller's insurance policy to cover any loss or damage.

For further information, we suggest that you contact us for a free initial telephone conference.

Disclaimer:  This article is not to be taken as legal advice and is for information only.  You should not rely on this advice as a comprehensive statement of your legal rights.

Myles Murphy (Q Solicitors' Principal) has recently returned from 5 weeks leave, during which time he and his family visited both coast lines of the USA and Canada.  After having a wonderful time enjoying the northern hemisphere's winter, he returned to a flood ravaged Australia, eager to check on his home, staff and business premises.  Fortunately Q Solicitors, and the homes of Myles and Staff, were free of flood damage.

We were thrilled to see that some good samaritans had kindly sand bagged the front of Q Solicitors - a true example of the Australian spirit.

Myles' children Sam & Georgia enjoying the snow

For your chance to win a double pass to "The King's Speech" starring Colin Firth, Geoffrey Rush and Helena Bonham-Carter, at Palace Centro Cinemas James Street, be the fifth to email us at enquiries@qsolicitors.com.au with the subject line "The King's Speech".

Congratulations to Pam Burgess, of The Developing Foundation, December's winner of "Love & Other Drugs" cinema tickets who, in the spirit of the season, promptly donated her tickets to a struggling client.

Do you have any legal questions you would like to ask?  Perhaps you would like us to discuss a particular topic in our next newsletter?  Let us know how we can help by sending an email to:  enquiries@qsolicitors.com.au

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