What if a Property is Deemed Uninhabitable?

Do you still need to pay rent if your property is inhabitable?
What happens if your home is damaged in a civil emergency?
As an owner are you covered?
http://truepropertymanagement.blogspot.com/2011/01/if-property-is-deemed-uninhabitable.html

In each Australian state the tenancy legislation varies however in Victoria if a property is deemed "uninhabitable" then the tenancy can end immediately and the tenant has no further obligation regarding rental - basically just walk away.  Their problem will be where to go as the available rental properties will be limited at such a time.

If owners have tenancy insurance it should provide cover for loss of rental for a period up to 1 year until repairs are completed.

This is the wording from the Tenants Union of Victoria site:

PREMISES UNFIT FOR HUMAN HABITATION

A tenant can serve a landlord with an immediate Notice of Intention to Vacate if the premises are unfit for human habitation or have been destroyed totally or to such an extent as to be rendered unsafe. This can be done prior to the tenant entering into possession or during the tenancy (ss.226 & 238). This notice can be served regardless of whether the tenancy agreement is fixed-term or periodic

Tenants should be cautious about serving an immediate notice on these grounds. If the landlord disputes the claim that the premises are unfit for human habitation, the tenant will have to prove their claim at the VCAT. Evidence such as photographs, witness statements or reports from trades people, engineers and council representatives should be collected.

The problems would have to be very serious for the premises to be considered unfit for human habitation, so a report from the local council or expert building surveyor should be obtained to substantiate the notice”.

Whether a tenant or an owner, call your Property Manager if you have any doubts or questions.