#57250
TrulEConcerned
Flatchatter

    The following points come to mind:

    A. Sujenna’s suggestion of asking the tradies how long they will take I think is a non starter. After all, they are employed by the OC and the OC pulls the strings. The post office for an owner’s or tenant’s concerns with the speed and noise of these works is the OC and not their contractors;

    B. Sujenna’s suggestion of going to work in a library is, at least in Sydney, a non starter as public libraries are to the best of my knowledge closed;

    C. I recall speaking to a lawyer years ago when the OC undertook repairs which caused a friend distress (given the noise) and was told, in reply to my query: “the lot owner is considering going to NCAT to seek compensation from the OC – and pass on to the tenant – for the effect of the works on my friend (the lot owner’s tenant), that “she’s got zero chance of being awarded compensation given the OC’s works are in accordance with their duty to maintain assets”. That was of course not in a period of lockdowns.  I think you have an arguable case to NCAT in claiming the episode taking place during a lockdown caused you “hardship”, for the duration the works were on foot notwithstanding they may have ceased on account of NSW  Gov’t directives on construction activity, see

    RESIDENTIAL TENANCIES ACT 2010 – SECT 104
    Hardship to tenant–fixed term agreements
    104 Hardship to tenant–fixed term agreements

    (1) The Tribunal may, on application by a tenant, make a termination order for a fixed term agreement if it is satisfied that the tenant would, in the special circumstances of the case, suffer undue hardship if the residential tenancy agreement were not terminated.
    (2) The Tribunal may, if it thinks fit, also order the tenant to pay compensation to the landlord for the landlord’s loss of the tenancy. The amount of compensation must not exceed the amount specified as the applicable break fee for the tenancy under section 107.
    (3) The landlord must take all reasonable steps to mitigate the loss and is not entitled to compensation for any loss that could have been reasonably avoided by the landlord.
    (4) A tenant may make an application under this section without giving the landlord a termination notice.
    (5) The Tribunal may make a termination order under this section that takes effect before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.

    D) On 16JUL21 NSW Fair Trading released the following, which may be of interest:

    https://www.fairtrading.nsw.gov.au/resource-library/publications/coronavirus-covid-19/property/moratorium