- May 22, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
I rent an apartment in the Sydney area and a month ago during a huge rainstorm, the ceiling started leaking in my office quite heavily. The leak was situated directly above my computer and other expensive equipment. I moved the equipment out of the way at the time so no serious damage occurred aside from a broken keyboard.
The incident happened on a Friday night, and I waited until morning to contact the real estate emergency plumber. The plumber suggested it might be a strata issue, so I waited until Monday and contacted the real estate as the rain had stopped for the weekend.
## Lack of Response and Frustration
After reporting the incident on Monday with accompanying pictures, I received no response for the first week and a half. Subsequently, I called the real estate once or twice a week to urge them to take action. However, each time I called, I was informed that they were waiting on the strata committee’s response.
Yesterday, I requested a contact number for the strata committee but was not provided with one. Today, after almost a month of no updates, I was informed by the strata committee that I should monitor the area and report any future leaks.
## Concerns and Questions
As someone who works from home three days a week and has valuable equipment in the affected area, I am concerned about my rights in this situation. If I continue to monitor the ceiling and my equipment sustains damage in the event of future leaks, would the strata committee be responsible and obligated to cover repair or replacement costs? Could they argue that I should have relocated my belongings?
## Taking Action and Seeking Guidance
I have expressed my expectations to my property manager that the committee should be held accountable for any damages if leaks persist, and I have requested contact information for the committee to communicate this directly. Tomorrow, I plan to reach out to a fair trade commission to understand my rights better, but I would appreciate any advice or information you could provide on how to proceed in this situation.
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Speak to a community legal to see how to take this to NCAT. Due to it being strata I’m not sure if you’d go about it the same way as if it was your LL, but it shouldn’t be too much different. Probably a different form then what your use for a landlord/real estate
If your stuff is damaged you pay for it. You should have renters insurance, it’s worth it. They aren’t responsible for you putting your computer back where you know it might get damaged, no matter how annoying or inconvenient it is. They generally are never responsible for damages if a pipe breaks etc, it’s an unfortunate accident.
Your apartment could burn down and they aren’t responsible for replacing any of your stuff, get renters insurance. Get in contact with community legal to talk about NCAT.
Jump on NCATs website and have a look around there too yourself. Sometimes the threat to go to NCAT can be enough to make some act, sometimes it takes the summons to NCAT and they’ll fix it. They likely won’t want to let this hit NCAT, as penalties apply.
Unfortunately you are responsible for the equipment. I went through this when a flex hose burst and flooded my downstairs. The landlord is responsible for the building damage, but they say you can get rental contents insurance to cover your equipment. If damage is done due to negligence, then it becomes a civil issue, and you need to pursue that on your own in the courts.
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Ideally you would have called the REA emergency line while it was leaking, and then ideally they would have immediately called the strata emergency line, and it would have been fixed on the spot while it was leaking. But we can’t change what didn’t happen.
You waiting the couple of days, and saying you remedied it by moving your equipment, has given the strata committee the impression it isn’t as urgent as it actually is. Additionally if the rainstorm you’re referring to was the Easter one, then that one was unusually large and affected a lot of apartments that wouldn’t normally be affected by rain, so strata has likely had someone out to look at the roof and they’ve said it’s fine.
If your equipment had been or gets damaged by the leak then it’s covered by your own contents insurance. Strata insurance covers the repairs to the common property aspects of the apartment, and the owner’s landlord insurance covers the lot aspects of the apartment. The strata committee won’t reimburse you the cost of your equipment because their insurance doesn’t cover it.
Or the leak hasn’t recurred since Easter then I’d sit tight and keep an eye out for similar sized storms. In the meantime sent a maintenance request to your rental manager for the ceiling water damage to be repaired – owner will pass it onto strata and that might inspire them to look into what caused the leak.