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Hi,
I have a unit with an exclusive use courtyard in QLD. There has been issues with the ground underneath subsiding for at least 2 years.
About 8 months ago, strata organised plumbers to repair something in the complex which involved the plumbers digging up part of my courtyard. They decided there were ‘issues’ they could not fix, put some caution tape up and left the job. I was unaware of this until the tenants contacted me asking what was happening. The tenants are not able to use the side access gate.
I have been chasing this now for at least 8 months with strata and the EC. Work to repair the subsidence has finally begun however the tenants has asked for a reduction in rent of approx $30 per week. This unit is not positively geared (not on purpose, I actually need it to at least break even!).
What are your opinions on the possibility of asking the strata/EC for compensation to cover the reduction in rent the tenants are asking for? Remember there has been a great big hole in the ground which makes the courtyard unusable for at least 8 months.
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Not 100 per cent sure of the strata laws in Queensland but I would think you’d have a very strong claim for restitution from the Body Corproate if you do reduce the rent.
Oddly enough, though, it may need you to get the tenants to make an official claim for a rent reduction with the Qld equivalent of Fair Trading, so that you then have an official figure to take to the Body Corporate.
You and your tenants could apply for Dispute Resolution under the Residential Tenancies Authority and then you could take the agreed figure to the BC as the basis of your claim. That way they can’t accuse you of being over-generous at your neighbours’ expense.
By the way, there’s not question that the tenants are entitled to a backdated rent reduction – all that’s in doubt is the amount.
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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