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  • #8740 Reply | Quote

    Below are the facts:

    –  A fire started in the garage of the building preventing access to apartments for a week due to repairs and safety reasons.

    –  There was no damage whatsoever to my apartment.

    –  My apartment is rented out to a tenant. 

    –  As the landlord I have insurance for loss of rent for my apartment.

    –  Strata insurance covers loss of rent related to common property issues for landlord and owners only. 

    –  Temp accommodation is only provided for owners occupying their apt. 

    –  I have advised the tenant that no rent is payable whilst he can’t access the apt.

    The issue:

    The tenant spent almost 3 times the weekly rent in temp accommodation, transportation and food.  He is now seeking reimbursement for the total bill less what I will receive from strata for loss of rent. 

    My thoughts:

    As the landlord, I do not believe I have any liability for the temp accommodation costs.  I am forgiving the rent for the period access was not available and the incident that causes the deny of access was not caused by me. 

    The fact that I am recovering loss of rent should not be a concern as I pay for the insurance; he does not. The rent forgiven would cover some of his costs but I do not believe that I am liable for the shortfall (especially food and transport as they are not my costs to begin with). 

    Please advise any thoughts on the above.  I may compromise and provide some additional monies or forgoing of rent. 

Reply To: Reply #18045 in Who pays temp accom when fire prevents access
PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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