Can Tenants Apply to NCAT for Rent Relief for Defects?

Tenants, Building Defects, NCAT and Rent Relief

 

In a recent case, a property manager failed to inform a landlord of defects in the common property of a strata building and take any steps to investigate issues that a tenant had complained about.

The tenant applied to NCAT for a rent reduction as the landlord had breached their obligation to keep the rented premises in a reasonable state of repair as water leaked into the premises. The tenant was successful.

Who Could be Liable?

 

If a tenant claims rent relief from NCAT due to defects in a strata building, it’s important to note that NCAT could deem that it is the responsibility of the:

  • Landlord who could lose rent (or worse) if they do nothing;
  • Property manager if they fail to fix defects in the premises that they are authorised to repair following a tenant’s complaint in a timely manner;
  • Property manager if they have not advised the landlord of defects (where they are not authorised organise repairs) following a tenant’s complaint;
  • Owners corporation who could also be held liable for a landlord’s loss of rent.

A Timely Reminder for Managing Agents!

Ensure your professional indemnity insurance is current;

  • Ensure your professional indemnity insurance is current
  • Obtain landlord consent on a minimum amount for repair works which can be dealt with without the landlord’s approval;
  • Allocate sufficient resources to attend to repair requests in a timely manner to avoid issues which could lead to court proceedings;
  • Request that any common property defects are promptly repaired by the owners corporation;
  • Ensure that the relevant strata by-laws for the apartment block are up to date to minimise your risk

Here we share some cases…

Contact Us

 

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.



Unauthorised Renovations Works: Unscrambling the Egg

The perennial problem of owners who carry out unauthorised renovations works to common property continues to rear its head.

Here we look at the different strategies for dealing with unauthorised renovations works and explore the problems that arise when an owners corporation ignores the problem for too long.

What are the Different Ways to Deal with Unauthorised Renovations?

  • The Aggressive Approach
  • A Stern Approach
  • Someone Else’s Problem Approach
  • A Collaborative Approach
  • The Ostrich Approach

In this article we look at the different approaches and lessons learned Unauthorised Renovations and how to deal with them!

Contact Us

 

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.