Flat Chat Strata Forum Common Property Current Page

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  • #8861

    Hi

    I am hoping someone can assist me or guide me with what I do next.   Almost 4 months ago, my washing machine bung came out of the back of my machine during a wash and flooded the whole of my apartment (1 bedroom unit).   At the time I phone the Managing Agent as I rent to ask who I contact.  They told it was my problem and I had to ensure all repairs were done and wouldn’t help further –  I am living alone and was devastated with what happened and how to rectify this on a Saturday.

    I had a plumber come in immediately and identified the issue – what he also told me was that there was a building defect in the wet area (the washing machine is in a cupboard area with a sink etc).   The water drain on the floor in that area has the basin built over top of it, with no access from the floor to the drain in an event of a flood – there was a piece of wood that was placed across the cupbard opening obviously to act as a lip so the water would be redirected to the drain, however the height of this and the access to the drain from the cupboard just doesn’t match up – and the water of course went straight under the piece of timber on to the marble floor and into the carpet flooding most of the apartment.  The Plumber advised me that if there had been access to the drain the extent of the flooding would have been tramatically reduced and possibly only in the marble area.

    I had the water removed and carpet dried at a cost of $1k, and from the a professional builder and plumber have been advised not to do any further repairs due to this defect – to cut a long story short, I contacted the Agent, the Agent turned up 1 month later with the strata manager, who told me it wasnt a building defect – and since then I have been told by the Agent they will take me to the tribunal, when I wrote again in a  months time to see what the action plan is, I have been told the Landlord is contacting his insurers, its now been another month and I have not heard anything. 

     

    There has been no clarification on whether this is a building defect, I take total responsiblity for my washing machine and some of the cost, but I do not feel that I should be paying for a full re-carpet – is the $1k I have currently paid reasonable? and I being reasonably treat now given the length of time and the run around I am getting from this Agent who continues to tell me its my fault it was my machine.

     

    I just do not know where to from here.   Your advice would be much appreciated.

     

    Thanks  Molly

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  • #18594
    Kangaroo
    Flatchatter

      I feel very sorry for you.

      First and foremost, take some good quality photos of the “laundry nook”, the pipes under the basin, and the floor drain.

      How old is your unit?

      Your description sounds like a clear case of amateur renovation and sub-standard plumbing.

      Which “Managing Agent” did you phone on the weekend this happened? The Lease Manager (to whom you pay the rent) or the Strata Manager?

      If the Lease Manager, and they refused to help, then you took the correct step (by calling an emergency plumber) to mitigate further damage to the owner’s unit.

      If the Strata Manager, then they were correct in saying it wasn’t their problem (unless the water was leaking into a downstairs unit), but they could easily have given you contact details for one of their preferred pumbers.

      The reason I say not the Strata Manager’s problem is that your description seems to involve only (owner’s) fixtures and fittings damaged by an “overflow” event, not a “burst pipe” event.

      The Strata Manager was also correct in saying this wasn’t a “building defect” unless your unit was brand new.

      A bit strange that the Agent brought the Strata Manager with them when they finally came. Probably the Agent’s attempt to stick the OC with the cost.

      $1000 sounds a bit high to me, but it was an emergency visit. How many plumbers came and how long did it take to suck up all the water?

      Do not arrange or pay for re-carpeting.

      Do not be afraid of the Agent taking you to the Tribunal.

      In fact, I think you have good cause to reverse the situation. You take the owner and Agent to the Tribunal (the Tenancy division, not the Strata division) and ask for a refund of the full $1000. Name both of them in your complaint to give extra incentive for them to settle the dispute.

       

      #18596
      Jimmy-T
      Keymaster

        I was standing with strata lawyer Colin Grace when the original posting came through.  He says that although the original fault was the tenant’s the problem was greatly exacerbated by water not being able to drain from the laundry floor because of the sink unit which was not installed to Australian Building Standards.

        He says you need to get a letter from the plumber stating that the extent of the damage was greatly increased because the water had not been able to escape down the drain.  This will strengthen your case when you take it to Fair Trading.  I would demand a refund of 90 percent of the  money paid as an ambit claim, then let them drag me kicking and squealing to fifty-fifty.

        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.
        #18627

        Thank you both for your advice, it has been appreciated.

         

        The unit is 13 years old, I have been here for around 8 years.  It was the lease manager that I contacted intially and have continued to contact to try and obtain some form resolution to this matter as I am currently living with carpet that is uneven with the underlay having rolled into balls following the drying of the carpet, given it is a rubber underlay, a cream carpet that is completely stained from the yellow underlay seeping through.  The dirst and dust that I have to clean is becoming frustrating as it has been over 3 months now since the incident and the carpet is not secure.

         

        When I went back to the lease manager advising of the advice received from the plumber on the issue I was asked to submit the costings, in that invoice the plumber noted that it was a defect and the extent of flooding would not have occurred if the drain was properly installed.

        I am not sure how I now approach this – as when I do write to the lease manager, normally once every 3 weeks to ask for am update I get told its my fault and be patient.

        Below are all the excuses so far from the lease agent

        a.    A reuqest from me that they come and view the property, it took nearly  a month for them to arrive

        b.    They need to work this out with the strata manager

        c.    They will take me the tribunal – nothing has happened

        d.     Carpet layer attended to arrange a quote

        e.     Owner working with his insurers – she told me it will take 2 weeks, its now been a month and I have heard nothing further.   She did say in that email that no rectification work can be undertaken while I am in the property.  I responses by saying the carpet guy told me I would not have to vacate aas they can lay the carpet and will move the heavy furniture for me – she told me she had not looked at the quote in details only told me how much it is going to cost and I have not heard anything further.

         

        The list goes on and on.   

        There has been no mention of any refund to me of the $1k I have paid, nor any confirmation that this is a defect.  They have been provided with all the invoices, a confirmation from the plumber, viewed and taken photos of the property.  Do I now write to them asking for a response within seven days on;

         

        a.   Payment of 90% of the initial costs

        b    Am I able to request that the carpet be rectified within a certain amount of time, I find over 3 months is just becoming a deferral tactic

        c.  What are the implications to me, can they issue me with a letter to vacate if I push this issue?

         

        Thanks

         

        Molly

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