[landlord2]

hi JT et al,

thanks for all the advice and suggestions. i am in NSW, and not really familiar with all the rules and regulations mentioned so far; but i would have no problem going after strata or anybody else legally to defend my rights. 

in my case, tenants initially refused to pay outright whilst being compensated, then they were happy to pay partly, but i do not feel it is fair. thus i decide that they should leave, and i plan to return back to apartment especially if work has not started, and no news whats over from anyone responsible.

 

the roof defect was a construction defect, and not wear and tear, so i know for a fact it is not covered by landlord insurance which i had.

 

my next step is to contact strata manager in charge and speak to her or him directly to find out what my options are.

 

 

i 

[landlord2]

i only became more actively involved recently, though this roof defect was as a result of construction and has been discussed overtime. i don’t attend strata meeting or even read any of reports in details. 

repair of defect undertaken or covered by builder or building insurance, building is over 10 years, first occupied 1996 o 7. 

 

top units, 4 to 5, in a building of 18 units or so. as i became aware, i contacted strata to request information and delay in repair or fixing of roof, so that tenants can be given noticed to move out, since i was told that fair trading states they do not need to pay rent whilst they are being compensated for temporary accomodation in motel and storage of furniture whilst i am going to be completely out of pocket during this time.  i was even told that it is still under tender and construction date not clear yet, but may well take up to 3 months by strata.

when tenants decided to go and move out last week, the agent said all other units have moved out, and they were pressured by builder to move out too.

 

we checked the apartment on weekend, no electricity whatsoever, so obviously it has been disconnected by builder, rather than tenants which usually despite disconnection actual supply will be there until someone re-connect. 

 

i would gladly get advice from anyone and everyone and consider my options. i am yet to get in touch with strata. will i be able to call for extra-ordinary meeting to resolve or at least discuss this matter.

 

the actual strata manager was not in contact with me directly, only forward response from builder insurance, and i was told i am not supposed to contact them directly and all has to go through strata.

 

 

 

[landlord2]

The problem or question posed by RitaC sounded like what i face at present. The tenants moved out (according to managing agent from being pressured by builder). rental loss not covered by landlord protection, and since roof defect is a common property repair, all units in that affected building should be liable equally to compensate the top level affected apartments for rental or personal loss, in addition to just “routine compensation”. 

would you suggest that all affect unit owners to have a meeting with strata to deal with this problem? or we each personally seek our legal advice?  

 

 

[Author]

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