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  • #7492
    ebuffie
    Flatchatter

      If my windows are being replaced in my unit by the body corporate and I can't live there during this work being done what are the rules about reimbursement of rent? If I am not in the unit for a whole month, for example, surely I don't have to pay rent for that month? Thanks

    Viewing 9 replies - 1 through 9 (of 9 total)
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    • #13203
      Jimmy-T
      Keymaster

        You should either get a full rent rebate or the cost of accommodation elsewhere.  Your landlord should be able to claim on their Landlord Insurance.  If they don't have any or they're not covered, then that's not your problem.  But a friendly phone call to the agent or landlord should sort out how the plan to deal with this.

        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.
        #13205

        Firstly I suggest finding out a little more about the window replacement project, as I suggest that if this is being done by a reputable company your apartment will be completely habitable.

        It would be extremely unlikely that they would leave an apartment open to the elements for any period of time and definitely not in such a way that you would be unable to live in the apartment.

        There should be no reason to seek a reimbursement on rent, though if you are considering this approach, be ready for a rental increase as soon as the project is complete!

        #13206
        Jimmy-T
        Keymaster

          We can’t assume that the unit will be habitable and Ebuffie’s question is what happens if it isn't.  If that’s the case, he/she is entitled to compensation.

          Tenants are especially vulnerable in these situations, especially if the landlord, agent, Executive Committee or Strata Manager treat tenants as second-class citizens (as, sadly, many do).

          On the question of the rent going up, there are legal restriction on when rent can and can’t be raised and how much due notice has to be given.

          Even if the unit is habitable when the work is going on, then there’s still the problem of workmen turning up early in the morning and tramping through the unit. 

          Yes, Ebuffie should try to find out as much as they can about the scope and nature of the project but sorting this out now is better than trying to do so when the builders have already moved in.  He/she should contact TenantsNSW for more specific advice.

          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.
          #13213

          A good OC will engage a project manager to oversee the works, they will assist in communicating what is occurring and when and making sure it all runs smoothly.

          If a window replacement was going to require residents to move out then the project would be unaffordable.

          For those who haven’t experienced the process I strongly suggest jumping on the Windowline website and viewing the Project Virtual Tour.

          Isn’t it better to discourage freeloaders and encourage enhancing the standards of the strata’s in our cities?

          #13214
          Jimmy-T
          Keymaster

            You're making a few assumptions there, not least that tenants who assert their rights are “freeloaders”.

            As for “a good OC”?  They may be but we can't assume they are because we don't know them (and you know as well as I do that there are some EC's out there who don't care what happens to other owners, let alone tenants).

            We can't assume that whoever's managing the project – if anyone even is – will communicate anything to tenants.  They are often the last to be informed.

            We can't assume that the job will be done as per the Windowline video (Click here to view it) because we don't know the circumstances, we don't know how hard the job will be or how many windows are involved.

            But look, maybe you are right and it will all be fine and there will be no problem. That would be terrific. I think we can assume that tenants would rather not move out of their home if they don't have to.  No?

            But Ebuffie has asked what happens if he or she has to move out while the windows are being replaced. The answer is, if you have to move out then you are entitled to some sort of compensation. That's it.

            That doesn't make them a “freeloader”. If I buy or rent something that doesn't work and ask for a refund, am I a freeloader?

            Realistically, worst case scenario, Ebuffie might have to spend a night or two in a hotel.  If that is the case – and that may well be a big if – why should they have to pay for it? To save the landlord some money?  Who's the freeloader then?

            I do think it's important to enhance the standards in strata and that starts with owners recognising their responsibilites and fulfilling them.

            It doesn't help to brand tenants as “freeloaders” just because they want to know their legal rights and may choose to assert them.

            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.
            #13215
            struggler
            Flatchatter

              Regarding moving out due to work being carried out on a unit, what about in the case of owners?  If work has to be carried out and it is common property and will render the unit unliveable for a period of time, can an owner make a claim with the OC for costs of alternate accomodation?

              Have not had the situation come up as yet, but would be good to get this info now, just in case.

              #13216
              Jimmy-T
              Keymaster

                There's a few different possible scenarios here.  If there's work being done on most units to the benefit of most owners -such as window replacement, for instance –  I don't think there's any possible claim because you are collectively benefitting as well as collectively having your lives disrupted.  It's swings and roundabouts, really, and don't forget you have a choice in the matter, in so far as you have a say at the Owners Corporation's general meetings (but have to abide by its decisions).

                If, however, just one or two units were suffering serious disruption from work that benefitted everyone, then you would have a strong case to argue for compensation from the Owners Corporation (although if it was just a minor disruption, you would reasonably put this down to your contribution to the greater good).  For major disruption, a good EC would sensibly smooth the way by looking after the affected owner or their tenants.

                If the work being done was the result of an insurable accident – like a fire, explosion or storm damage – you'd be able to claim against insurance, regardless of how many units were affected.

                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.
                #13238
                ebuffie
                Flatchatter
                Chat-starter

                  To answer a few of those earlier queries…the windows have been done and took 2 weeks from start to finish- with probably a week when it was not possible to stay in the unit due to builders coming and going, the rooms open to the elements, mess etc, especially being a small unit. The compensation of rent does not cover the hotel costs (so full rent rebate is different to accommodation costs in this case) and the landlord's insurance does apparently not cover these costs because the windows were being replaced not due to an emergency but just wear and tear. Who should, therefore, cover the costs I wonder? The landlord, the strata or tenant? Is there a specific rule? (there are only a few units having new windows out of quite a few). And they could argue too that the tenant could stay with a friend and not in a hotel for a week maybe..

                  #13239
                  Jimmy-T
                  Keymaster

                    This is between you and the landlord.  If they have a problem, then they need to take it up with the owners corporation (strata, as you call them).  But they can't just tell you to stay with a friend. You need to talk to someone at Tenants NSW (www.tenants.org.au).

                    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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