#18620
Kangaroo
Flatchatter

    Rita,

    Thanks for answering those questions.

    I hope you understand that I was only asking them to confirm that you actually had an insurance policy which covered your situation.

    I think the next step is for you or the EC to negotiate with the insurer for advance agreement in writing that they will cover either alternative accommodation or loss of rent.

    You have several bargaining chips:

    1) As you say, they had the option of excluding loss of rent in the policy, but did not do so.

    2) If they do not agree to cover loss of rent, you will move back in as per JT’s suggestion, and they will then have to cover your alternative accommodation and removal/storage costs.

    3) So, they can save money if they agree, because you will not need to claim removal/storage costs.

    But, a couple of other points:

    1) If the unit is not declared uninhabitable, but the tenants move out anyway for fear of “inconvenience”, you have the right to sue them for breach of contract. Get your compensation from them instead of the OC.

    2) As I said before, we had our whole pitched roof replaced without any top-floor resident having to move out. In fact, all residents (owners and tenants) were equally inconvenienced by the part of common property cordoned off for the debris chute and tile elevator. Jimmy will be pleased by our non-discrimination!

    And, for Jimmy:

    Yes, there does seem to be a “hard cheese” clause in strata law, and the whole cheese platter is always placed firmly in front of resident owners.

    In this case, if their unit is declared “habitable”, they will not be compensated for the “inconvenience” of building works and noise, but apparently tenants have the option to end their lease without penalty or to receive a reduced rent.