› Flat Chat Strata Forum › Talkin’ ’bout a renovation › Compensation to lot owner › Current Page
Hi
An update folks.
At NCAT I sought my tenants pay the (agreed to) break fee as they broke the lease 6 mths early.
The Tribunal Member said that while they did break the lease, the noise from the neighbour renovating was so intense so as to render the leased premises as “uninhabitable” and that means the tenants can scoot away scott free.
The Member suggested I take the offending neighbour (who caused the nuisance) to the local court.
Boy was the offending neighbour hard to track down!
Anyway, I finally tracked him down and served on him a Statement of Claim arguing he owes me the break fee. Perhaps I should have claimed the 26 weeks the premises was vacant as the tenants left unannounced a few days before they knew I was going abroad.
The other party defended his position on the renovations by writing that he acted in accordance with the local council and OC requirements.
We have a court date, mid January for what is called a pre-trial review.
Anyone know what outcome is likely at the local court?