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Recently moved to a property where I have shared laundry space. Laundry space is for 2 units but the other tenants have filled the space with their stuff and have been using it as a storeroom. I didn’t check it before moving, now I have been doing back and forth of the emails with real estate (as they had to make sure the space was empty for us to use) and Strata (as they control the common space) to get the access. When I ring strata they ask me to come through my real estate agent and real estate says it is common property and strata have to sort out. Who do I contact and if no action is taken, can I complain anywhere? Also, the water tap has a single-point connection, I need T-joint so that I can connect my washing machine as well, whose responsibility is to provide this? Or do I need to fork out the cost from my pocket?
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When I ring strata they ask me to come through my real estate agent and real estate says it is common property and strata have to sort out.
As a tenant you are an “interested person” under strata law (Section 226), which means you can ask the owners corporation to do the job they should be doing anyway. They shouldn’t keep fobbing you off like that. If they want to get shirty about it, ask them if they are also aware of section 232 of the Act which allows an “interested person” to take them to NCAT to force them to fulfil their responsibilities.
Also you have certain rights as a renter, including that you have paid for the right to use the laundry. So you ae entitled to tell your rental agent to pressure the strata committee on behalf of the owner or organise a substantial rebate on your rent.
So it shouldn’t be a case of neither of them doing anything, it should be both of them doing something.
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.
I got the response from Strata saying they have put the request in to strata committee. I don’t know what has to be decided by the committee and again wrote in the email “communicate through the agent”.
The committee instructs the strata manager (I can only assume that’s what you mean by “Strata”) unless they have delegated powers. The strata manager would then have to instruct the tenants to remove their stuff from the laundry.
Can the ground of non providing space of laundry and no actions by real estate agent for multiple issues be the reason to terminate the lease without any termination fee?
To be on the safe side, you would need to tell the agent that you want to do that and get their approval. If that wasn’t forthcoming, you could take them to Fair Trading and a Tribunal, by which time your lease might be up anyway.
I strongly advise you to contact Fair Trading (13 32 20) and spend a little time on the Tenants Union website which is full of valuable information and advice.
Specifically, have a look at this factsheet which will tell you how to end a fixed-term tenancy early and the grounds on which you can do it.
Rental agents are notoriously lax when it comes to these things, especially when they can pass the buck to the strata committee. But, to be clear, it is the strata committee’s job to maintain the laundry in a usable state, as it’s common property, and the rental agent or landlord’s job to make sure they do if they don’t respond to your requests.
Regarding your earlier question about the tap adaptor, you really should get the strata committee’s permission and, if the laundry is usable without the change (for most people) then you probably should pay for it yourself.
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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