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Hi
Our building is due to have some defect works commencing that are a result of a legal action against the builder – they will be rectifying works under the statutory warranty. There will be disruption and noise for at least a few months, as these are some major works, all of which are common property. I currently live there but have to move due to work, and want to rent it out (can’t sell it til the defects are complete). I tried waiting as long as I could but delays mean they could keep being “just about to start” forever.
I’ve never been a landlord, and rented for 20 years so I really don’t want to be a shitty landlord. I’d be honest with prospective tenants, and I would absolutely do anything I could do mitigate the inconvenience.
My question is, who foots the bill for this? If I can claim on landlord insurance, tho presumably they have a pre existing clause, what does that mean for future premiums? Should it be part of the defect claim against the builder, or a claim against the OC?
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That’s going to be a tough one to negotiate.
The court presumably has made an order against the builder. If it’s did not include an order for costs related to compensation of tenants or relocation of owners, that boat has sailed.
You can try claiming against the OC, but I doubt whether the OC insurance will cover this as it’s not related to an insurable event.
So claim against the OC but in the end you will be footing parts of the bill.
So claim against the OC but in the end you will be footing parts of the bill.
But that would surely be better than paying all of the bill on your own
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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