JT’s suggestion is brilliant.
It will probably solve Rita C’s problem, as she maintains they are covered by home warranty insurance.
But, if that’s the solution, why don’t the insurers admit defeat and offer to pay either alternative accommodation or loss of rent?
Perhaps, like me, they thought she was asking for both.
Might be worth clarifying it with them.
Rita C … you didn’t actually answer my first question. Are you the landlord of the top floor unit? That is, are you asking out of self-interest, or are you one of the EC trying to sort out this mess?
Landlord2’s case may be different.
Builder’s warranty insurance may have expired as he states the building is 10+ years old. Unless of course, they’ve been complaining to the builder for much of that 10+ years.
Even though “this roof defect was as a result of construction” (i.e. poor original workmanship), if you don’t discover it within the statutory warranty period, you’re not covered.
And then, in NSW, there’s the question of whether “poor workmanship” is covered at all.
So, the original question may still need an answer. Is the OC “liable” for consequential loss?
And now some unsolicited advice to Landlord2.
For a real estate investor, you don’t seem to know very much about your investment.
1) There are 4 to 5 units on the top floor? I’m pretty sure there would be an exact number.
2) There are 18 units or so in the building? I’m pretty sure there would be an exact number.
3) The building is over 10 years old, but was first occupied in 1996? That would make it at least 16 years old. I doubt that builders warranty insurance still applies.