All Topics / Help Needed! / Help needed! Stuck in the middle of another tenants fault

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  • Profile photo of Stevie2013Stevie2013
    Participant
    @stevie2013
    Join Date: 2013
    Post Count: 16

    In a nightmare of a situation, purchased a unit in Gladstone almost 3 years ago. The purchase was through a buyers agent who purchased the 6 unit complex, anyway the above unit’s bathroom floor has collapsed due to not having a water membrane & left a very large hole in my unit bathroom roof.

    The tenant I had in place lease was ending, so was leaving regardless of the damaged bathroom. Frustratingly the body corporate & my landlord insurance has rejected any loss of rent claim, as there is no displaced tenant. My issue is I cannot lease out my unit as it is not in a livable condition. The unit above still has a tenant & obviously having rental income coming in.

    The body corporates insurance company had initially approved funds to repair my bathroom however has since changed their minds realizing that the repair cost was lower than the body corporates water excess on the policy. The body corporate says I now have to submit in writing the amount I request for the other lot owners to approve. Of course the other lot owners wont approve of repairs to my unit?
    The damage is structural so shouldn’t that be the compete responsibility of the body corporate?

    I am not at fault, the above unit is & I’m stuck in the middle of the mess. I cannot rent my property out so without rental income, finding out after almost 4 months that the body corporates insurance is not covering the damage is ridiculous, not to mention the unrest this has caused me emotionally & financially. Has anyone had any legal experience in relation to being compensated with such issues? If so please assist with any advice or whom I can talk to. Thank you in advance

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Why do you think the body corp is responsible for repairs to your unit?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Stevie2013Stevie2013
    Participant
    @stevie2013
    Join Date: 2013
    Post Count: 16

    Hi Terry, Am i right assuming the structural component falls under the strata? I then take out landlord insurance which covers the contents. Otherwise who is responsible to take care of the repairs? Falls with the unit above who has caused the damage?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    it might, but may also be a fault of others such as the builder. you should probably consult with a strata lawyer such as gracelawyers.com.au

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Stevie2013Stevie2013
    Participant
    @stevie2013
    Join Date: 2013
    Post Count: 16

    Much appreciated Terry, I’ll follow on that. I would have gone ahead & fixed my bathroom ceiling just to get a tenant in but no point until the above unit is repaired.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Well you might be able to sue someone for the loss you have incurred so make sure you get some legal advice.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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