Compensation to lot owner

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  • 13/07/2018 at 10:28 am #11762 Reply | Quote
    TrulEConcerned
    Flatchatter

      Good day,

      Renovation by the OC and another lot drove my tenants out half way through a 1 yr lease.
      I took the tenants to NCAT seeking payment of the Break Fee the tenants agreed to upon signing the lease, but NCAT ruled that the noise from the renovations rendered the premises as “uninhabitable” and therefore the lease could be terminated without payment of the Break Fee.

      NCAT found I did not breach any Act and suggested I take action against the OC and the lot owner whose renovations caused my tenants to break the lease.

      It took 6 months to secure a new tenant. Six months of lost rent.

       

      My questions are:

       

      1. Do I have a case in trying to claim the lost rent from the OC and the other lot?

      2. What is the venue for such action? NCAT? Court?

       

      Note my initial approach to the OC was met with a denial they did anything wrong.

       

      Thanks for any advice/recommendations.

       
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    Reply To: Reply #30083 in Compensation to lot owner
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