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Topic
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I am renting a unit in a company title apartment building (NSW).
One recent morning I woke up to discover that one window had leaked severely during a heavy rainstorm. As my desk sits under the window, my computer was irreparably damaged by the water and will need replacing. Note that the window was completely closed and locked during the rain and that it had not leaked previously.
The building management company sent a builder (as window repairs are common property/covered by company title) to fix the window. He verified that the seal between the exterior brickwork and wooden window frame had rotted away, causing the leak during the extremely heavy rain.
I have contents insurance, but my policy will not cover the cost of replacing the computer as the leak was primarily caused by a building maintenance issue (the damaged window frame).
Should I pursue either the landlord or the company title/board for compensation for my damaged computer? The unit was recently sold and I am hoping to extend once the current lease expires.
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This would be tricky in any case but the fact that it’s company title complicates things even further.
In company title, you may not have the same rights as in strata so your relationship is really with the landlords who are obliged to ensure the property is properly maintained.
I would send them a polite note asking for compensation but informing them that they in turn are probably entitled to claim that amount from the building’s board (most likely via their insurance) and you will support them in that, if need be.
Explain that you don’t blame the landlord but there is a chain of responsibility and they are the next link for you.
If that fails you can apply to the CTTT for compensation on the grounds that the landlord or their agent failed to properly maintain the property (or make sure the Company board did so).
You’ll find a Tenants Union factsheet on that HERE.
And I wouldn’t worry about the new owners too much – this is a claim against the previous landlord and it doesn’t affect them
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.
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