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QUESTION: My bedroom ceiling developed a leak from common property and there was water damage to the walls. My landlord but did nothing so I called Fair Trading and they said I was entitled to 30 percent off my rent, backdated to when the problem first arose.
Eventually, the landlord reduced the rent for three months or until the problem was fixed. Now time is up, it’s still not fixed, and the landlord is demanding I go back on full rent because ‘it’s not our fault – it’s a strata problem’.
Meanwhile I have gone from a rental contract to month by month and I’m feeling vulnerable. What should I do? – Ivy, Surry Hills.
ANSWER: Firstly, you are actually better protected under periodic (month by month) tenancy than you were under your original agreement, with 90 days notice required for termination of your tenancy.
Secondly, it may not be the landlord’s fault but it’s certainly their problem. They should be hassling the Owners Corporation to fix this and maybe even pay them compensation for lost rent.
Call Fair Trading again and this time get something in writing to protect yourself and give the landlord ammunition to take to the OC.
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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