- May 5, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Property Dispute with Landlord Regarding Flooding Issue
I have found myself in a troubling situation with my landlord concerning a property dispute, where they are holding me accountable for a flooding incident that occurred in my units as well as a few others due to water leakage from my unit. The matter arose during heavy rainfall in Sydney a couple of weeks ago. The downpour caused my balcony to flood, allowing water to seep into my unit and through the walls into neighboring units. Unfortunately, I was out of the country at that time, unaware of the rainfall and subsequent flooding in my unit. This lack of presence prevented me from taking timely action to prevent the flooding.
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In the aftermath of the flooding, it was discovered that an umbrella and a thin sock on my balcony had been submerged in water. Originally, the landlord and builder attributed the blockage to my umbrella obstructing the drain on my balcony. However, upon further investigation, it was revealed that the umbrella was merely floating on top of the blocked drain at the time. The blame then shifted to my thin sock, which bore little resemblance to a hindrance as it floated on the water’s surface and did not obstruct the drain.
Upon inspecting the drainage issue, the builder removed the drain’s grill and encountered a grate covered in dirt, along with several rocks in the drainage system. After clearing these obstructions, the builder discarded the grate, suggesting that the dirt accumulation may have been a primary culprit. It is worth noting that I had previously notified them of balcony flooding issues, albeit failing to follow up on the matter following my attempt to resolve it with drainage cleaner.
### Potential Legal Ramifications and Liability Concerns
When I raised the issue with the property agent handling the situation, I emphasized that the balcony blockage stemmed from the dirt accumulation, not the umbrella or sock. However, the property agent placed the blame on my alleged negligence in balcony maintenance, stating that had I cleaned the grate and removed the grill, the flooding could have been averted. Despite my efforts to address the problem, which seemed resolved after using drainage cleaner, heavy rainfall exacerbated the situation in my absence.
Upon my return to Sydney post-flooding, the carpet in my unit and neighboring units was saturated, prompting the landlord to hire carpet cleaners for remediation. Subsequently, I received an invoice for the damages incurred, including the carpet cleaning expenses, for my unit and three others. The landlord attributes the blockage and ensuing damages to my negligence and expects me to bear the costs.
### Seeking Legal Counsel and Weighing Options
As the landlord demands a response within 24 hours regarding a payment plan, I have been diligently seeking legal advice and contacting law firms to assess the situation. Despite my efforts, I remain uncertain about the best course of action – whether to contest the liability claims or agree to pay the incurred costs.
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****** just grabbed a
Tell them you are seeking legal advice.
Then go and get said legal advice.
It sounds like you have either been negligent OR the balcony drainage is not sufficient to cope with the rainfall.
Balcony’s need to have an overflow similar size or larger to cope with issues where the main drain may restrict.
The landlord most certainly should have insurance, as would the strata. They are taking the piss. Do not pay.
I would argue that you have not recklessly or wilfully caused that damage, and you previously raised your concerns about the balcony drainage but sounds like no action was taken by property manager/landlord.
I expect you weren’t given any instructions or direction on the so called ‘maintenance’ of the balcony drain, and if you had been they would have shown you how to open the grill etc.
Can they show proof that the drain has been routinely inspected, and was clean and in good working order when the property was handed over to you? Is it in the condition report?
It’s also out of your control that there were no additional drainage points and that a single sock and floating umbrella could lead to such a disaster (if it had anything to do with it anyway). There should have been some overflow drainage anyway.
It’s also outside of your control that the property is built in such a way that water can enter other properties as a result of the balcony flooding.
It’s quite likely to involve some building defects, and or poor maintenance. I would not be surprised if there is far more to this story that you don’t know about and landlord is trying their luck!
You may want to enquire with the strata about building issues, maintenance issues, similar incidents occurring prior to your tenancy.
Also, where did the water that flooded your balcony come from? Did it fall directly from the sky or was some of it run-off from the roof, from gutters, or perhaps an upstairs balcony?
It may be that there was insufficient roof or gutter drainage from common property that then overflowed to your balcony….. that would indicate liability for the strata
Not sure about balcony (although I think it would be the same) but owner/tenant is responsible for keeping the floor waste in the shower clean.
Is anything mentioned about it in the strata by-laws ?
You might be able to argue that if it were rocks that caused the blockage they must have been there before as they would not be able to get past the floor grate but as you have no proof/evidence (the builder chucked out the debris) it’s going to be difficult.
Is the building new ? Could the design of the balcony drainage be faulty ?
How much are they claiming in damages ? That may determine if you want to pursue it further.
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Do you have renters insurance? The liability cover is for exactly this type of situation. If you do have it, lodge a claim with your insurer. They will then engage legal/assessors to investigate. The landlord will have to deal with them directly and they will obtain their own reports. You’ll have to pay your excess but I’d say it’s worth it.
There’s a fair chance the drain was blocked when you moved in. Got any photos from then?
In some strata plans balconies are actually common property. It would be interesting to find out if this is the case here.
I’ve had a unit balcony flood twice. Both times due to absolute deluge (eg a month’s rain in a day) that was just too much for the drain to cope with. With increasingly severe weather, standard drains can fail. Also, they are open to the environment so debris can blow in and block drains. Of course you try to keep on top of that but if you are out of the country it’s a bit hard.
In my case, damage was covered by strata insurance. The Body Corporate of your block is probably just being cheap; they don’t want to pay the excess, nor have premiums increase as the results of a claim.
The sock absolutely would restrict the water .
Put it over your shower drain while you shower and see what happens.
They will have pics of this.. I hope you have pics of the dirt and other clogged parts the builder removed as it will likely come down to who has evidence.
Heresay isn’t evidence btw.
Large deluge of rain in relatively short periods of time will cause flash flooding. Inadequate drainage (blocked or not) only adds to the issue. Causing the water to build up, ultimately it will explore any other possible path out.
Question to OP, have you or neighbours had to contact the SES during large downpours? If yes, That would be ample evidence that the issue is structural or poor maintenance.
Either way, you aren’t at fault mate. Don’t pay. Seek advice. Best of luck