Krystal
After viewing these posts it seems to me that your concerns here are not that the tenant is working from home, but that you could be implicated in an insurance claim if one of the children were injured.
Is that right?
In Victoria, a facility does not have to be registered under the Children's Services regulations until more than four children under the age of five are cared for on the premises. Hence, the Family Day Care services administered by local municipalities limit the number to four, including the carer's own children.
Is the property 'generally' safe for children? Obviously yes, or else you would not have allowed a tenant with children to take up residence. In Victoria, under the RTA, a landlord can prohibit children (under 16 years) from occupying a premises if it is considered that it is not suitable for children, usually on the basis of the safety of the premises.
You could arrange a supplementary clause to the lease - written by your solicitor at the tenant's expense - stating that the tenant takes full responsibility for all commercial activities at the property and indemnifies you against any claim which may be made, but before implementing such a clause, the property would have to be inspected by you, the tenant and preferably an adviser from Children's Services Dept and any defects in the property eg latches below regulation height or whatever, noted or attended to.
Alternatively, the tenant may go to the other house, and care for the children at their own home, relieving you of any responsibility in the matter.
There will be a Tenants' Union in ACT. As this will not be a 'one off' case, why not discuss the matter with them? If the tenant has been reliable up till now, it would be a shame to throw the baby out with the bath water, so to speak!
In the meantime, ask the tenant for a letter describing in detail what they are doing and indemnifying you from any liability in the matter. If push came to shove, the letter would be worth diddlysquat, but at least you would then have a full written description of what was happening.
On the tax / fee for service scenario, the tenant should be registered as a 'carer' with a registered number with the tax office, issue the customer receipts, and the customer can then claim the cost of child care against thesubsidy scheme.
If this activity is happening, insist that it meets all requirements, including tax, compliance with any health regulations, insurance etc.
As a landlord, should any misfortune occur, it would be considered that you know, or should have known, what was happening at your property, and that your silence gave consent.
While all sympathy is with your tenant and her sick child, the buck does indeed stop with you, and it is your responsibility to yourself and your family to make sure that you are protected against the well meaning but perhaps misplaced actions of another.
Cheers
Kristine
