Can Tenants Apply to NCAT for Rent Relief for Defects?

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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

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.

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