Received a “free” LIM? Know the risks!!

When purchasing a property, it’s advised a purchaser obtains a Land Information Memorandum Report (also known as a LIM Report). A LIM Report can be obtained from the local authority for a fee, and contains valuable information about the property such as soil contamination, plumbing, drainage, consents, licences, permits, rates, and zoning. When a property is being sold at auction, the real estate agent will often obtain a LIM Report and make it available to potential buyers. While this is common practice, relying on this LIM Report rather than obtaining and paying for your own, may leave you unable to sue the Council for suffered loss should the LIM Report omit information or contain informa

“Unintentional Damage” and why tenants may no longer be liable

In 2009, tenants Kenji and Tieko Osaki caused substantial damage to their rented home when Mrs Osaki left a pot of oil unattended on the stove, resulting in a fire breaking out through the property. The property was repaired through the landlord’s insurance, but the insurance company decided to take action to recover the cost of the damage from the Osakis. The case went through the Tenancy Tribunal, which held the Osakis liable. The Osakis appealed to the District Court where it was held that tenants should be protected by the Property Law Act, which says commercial tenants won’t be held liable for damage they’ve caused if the landlord has insurance to cover the damage. The insurance company

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