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Hi All,
Not sure if this is the correct forum to post this question:
I am a tenant and back in Nov ’23 had contacted the real estate agent about an issue with a constantly running toilet – a plumber was soon called out, assessed the problem and replaced some of the parts; toilet has been working correctly since then.
I’ve recently been getting multiple calls from the plumber complaining that they have not been paid yet. I’ve reached out to the real estate who have said they will look into this when the return to work next Monday 8th, however the plumber has called me to say he will turn the water supply off to the apartment today if the bill is not paid.
Is this legal? I understand the frustration form the plumber, but this is between them and the real estate?
(Note: the bill is approx. $350 and was approved by the real estate/owner)
Many Thanks
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You could try quoting the heading of Section 151 of the Strata Schemes Management Act (below) at them, pointing out that they could be breaking the law if they turn off the water (probably not, but worth a try) and that the landlord will definitely be breaking the law if they let them, which should speed up the payment.
151 Owners, occupiers and other persons not to interfere with support or shelter provided by lot or with servicesAn owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not do anything or permit anything to be done on or in relation to that lot so that … the passage or provision of water … through or by means of any pipes, wires, cables or ducts for the time being in the lot is interfered with.
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.
You say you contacted the “real estate”. Do you mean the agent that manages the property? Do you pay your rent to that agent? If so, I don’t understand why they are not paying the plumber out of the rent you pay. It might be a timing issue. If the plumber’s invoice landed with the real estate in late November or early December, then there might not have been enough money in the Landlord’s account to pay the plumber’s invoice before the real estate agent shut down for Christmas (even if you pay your rent on time, those funds may have already gone to pay another invoice such as a strata levy). The plumber is being pretty impatient in my opinion – lots of businesses shut down from mid-December to early January.
In my apartment the water supply can only be turned off via tap under the kitchen sink. The plumber would have to gain access to my apartment to do that. There is a ‘tap’ in the front yard, but that would turn off the water to all apartments in the block.
‘Yeah, sorry mate but I just rent here. Obviously, you need to take this up with who ever called you. If you come back to turn off my water I will need to call the police. Please do not contact me again. Sincerely, …’
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