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[Shell]

Hello,

I’m hoping you could please provide some advice, as I have been given the run around by all concerned and don’t know where to start!

On Sunday night a common area pipe outside our ground floor unit burst.  Sewage has seeped into our property, causing damage to the carpets and some of the tenant’s furniture.  The tenant called an after hours plumber, who dug up the sewer main, cleared the blockage (a brick lodged in the pipe elbow) and also had to use a sewer machine.

The strata management company have lodged a claim for the plumber’s works, but are saying our ruined carpets are not their responsibility as it is covered by contents insurance.  My contents insurer says that the problem was caused by the builder, therefore it is the strata management’s responsibility.  Whom should I believe?

Our tenant (due to vacate on 14/06) has had to move out a week early and, understandably, won’t pay the last week’s rent, so we are out of pocket one week’s rent.

I’m unable to find a new tenant, as the property is under offer subject to finance.  The purchaser has another two days to provide finance approval, with settlement to take place 28 days after that.  The strata management company have told him of the situation, though, and I’m concerned that he will no longer want to go ahead with the sale.  I had no intention of covering up the situation, but at least wanted to have repairs underway before I declared all of this.

So we are facing the prospect of:

1. Both insurance companies denying responsibility for the carpet replacement

2. Potential of sale falling through

3. Out of pocket at least one week’s rent (and, should the sale fall through, unable to find a new tenant until the carpets are replaced and place is habitable again)

Additionally, if the contents insurer did accept my claim, there is still a $400 excess.  Is there any recourse to be compensated this amount?

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