› Flat Chat Strata Forum › Living in strata › Compensation for loud fire safety upgrades › Current Page
Jimmy mentions going to NCAT to force them (landlord/agent) to reduce your rent or allow an early termination of your tenancy with no penalties attached.
I experienced a similar situation a couple of years ago.
I, landlord, was approached by my tenants for either lower rent or early termination of the lease, because noise from a neighbour’s renovation was making life (working from home) impossible for them. Soon enough they ditched the request for lower rent and just wanted out of the lease.
I was taken to NCAT and the tenants won the right to terminate the lease early without penalty.
NCAT agreed with them citing “loss of peaceful enjoyment” as the main complaint and it is – who’d have thought – the landlord’s duty to ensure his tenants have undisturbed peaceful enjoyment regardless of whether he is disturbing them or someone else is. At least that’s what NCAT determined.
It seems to me that the cheapest way out of this for all the landlords in the strata would be to postpone these works until after the corona lockdown is over. If your landlord or agent was smart, he/she would give you an one off credit against the rent AND postpone the work.
If such postponement is not on the cards, then as Jimmy suggests, call the Tenants Union and query your rights, in particular under the Quiet Enjoyment principle.
A side issue for your landlord/agent is to establish what obligations if any the OC owes your landlord regarding this horrible situation.