#26818
Jimmy-T
Keymaster

    @Lady Penelope said:
    Playing “devils advocate” here I would be wary of this statement: ” “the rent abates if the premises are … partly uninhabitable”. The external balcony would not strictly be deemed to be a “habitable” space in the same way that a bedroom or a kitchen or a bathroom would be.   

    Yes, but that is not the only basis on which rent might be reduced – it’s only stating this this as clear, unarguable grounds for a rent reduction.

    If the property was advertised as having a balcony it’s the same as if a car parking space was offered, then withdrawn.  A parking space is not a habitable area but you’d be demanding a rent reduction if it was taken away from you.

    The key to all this is how important the balcony is to Mateuidon’s enjoyment of his unit and its relative value as part of the apartment.

    And really, barring agreement, the next best thing to do is to go to mediation at Fair Trading.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.