#54726
TrulEConcerned
Flatchatter

    Jimmy, I agree that a tenant has little sway (in many cases) over a landlord or the OC. But at NCAT as far as I have seen, tenants have a good deal of sway.

    You wrote:

    However, that NCAT ruling meant you had a figure to take to the other owner to demand compensation for your loss. A compensation figure that had been established at the Tribunal represents considerable leverage.

    I asked the offending lot (who bought a unit, renovated, creating a lot of dust and noise in the process and then sold making over $300k) for compensation. He was not interested.

    I then took him to the Local Court and LOST.

    His Honour found that renovations are to be expected in a modern city and that everyone just had to put up with it. I asked “why must I wear the cost of his renovation that forced me to compensate my tenant for the inconvenience of his renovations and the loss of rent resulting from my unit standing vacant as NCAT allowed the tenants to break the lease early without requiring to pay a break fee?  Surely an equitable solution is for the renovator to make a smaller profit by allowing for the impact he had on my tenants.

    I ended up giving the tenants compensation; unable to stop them vacating without a penalty and paying court costs.