If work on common property means reduction or loss of rent in a tenanted property, should the Owners Corporation – that’s all the other owners – compensate the landlord?

The question was asked by RitaC on the Flat Chat Forum. Her building is having a defective roof replaced and her top-floor tenant is having to move out.

“If you had a stand-alone property which you rented out, and similar works were required to it with the same effect on your tenant(s), what would you do?” asks Boronia, in response. “Who would compensate you?”

Well, if you had a stand-alone property, you wouldn’t be living in strata and nobody would be telling you to move your tenants out for their benefit.

The defects policy paying for the repairs covers the relocation of the tenants but doesn’t say anything about lost rent.  And what about buildings that don’t have that kind of insurance? Who pays?

I’m not a lawyer but I reckon RitaC would have a legitimate claim for compensation,  although it would be under common law, rather than strata law.

If you had to move out yourself so work could be done, the Owners Corp would have to pay rent for you elsewhere.  It should be no different for your tenants.

You can read the whole story and ask your own rental question here.