Not notified of extensive building work before moving into a rental property

Hi all,

I recently moved to Canberra with my partner and we have just moved into a new apartment.

We picked up the keys on Tuesday but on Thursday I received a phone call from the letting agent saying that builders needed 3 weeks access to the apartment, starting Monday, to carry out demo and building work to the balcony.

The letting agent said they had just heard about this work that morning. When I queried how an oversight this large could happen I was told it was not their fault and it was a body corp issue.

I'm under the impression that information about work carried by a body corp is available to the unit owner but as I'm new to the country I don't really know Australian rental regulations and I'm struggling to find any info about a situation like this.

Any suggestions as to what I should do would be great, thanks.

Comments

  • +1

    http://www.tenantsact.org.au/ might be a good resource.

  • In short, body corp can be very poor at communicating to property owners. It is very likely this is a true story, especially if the owner isn’t on the committee and wasn’t involved in agreeing to have the works done.

    I’m on my committee and we recently approved some works to happen that didn’t require access to an apartment. Two weeks after the works happened, I contacted the third party that was doing the works asking when they would be on site and was I was told the works had already been completed. They never told body corp their work date or that it had happened and body corp never actually followed it up themselves to find out when it would happen.

    • In short, body corp can be very poor at communicating to property owners. It is very likely this is a true story

      Not sure in this situation that this could be true. This is the apartment owners own balcony that is being demolished and rebuilt. I think they'd have plenty of notice about that.

      I think it just wasn't communicated from owner to rental agent clearly. Just another probable example of little landlords treating tenants like a commodity.

      • You’d be surprised. We’ve had building wide issues where every unit has needed a third party to access their property and I have only had a few days notice as to when that access would occur. The only reason I knew it would be happening in general is because I’m on the committee.

        If you aren’t on the committee, don’t read your AGM minutes to find out future goings on and never ask any questions, it is very possible that owners have no idea that things are happening.

        I’m not trying to back up the owner here at all. What this tenant is going through is ridiculous and shouldn’t be happening. Regardless of whether the owner knew or not, the tenant should get a significant decrease in rent for the duration, if not free.

  • +1

    Hi,

    You might like to consider contacting:

    The Tenants’ Advice Service provides free, confidential legal advice to tenants and renters about renting issues in Canberra.
    http://www.tenantsact.org.au/services/tenants-advice-service…

    You need to have some idea about what you might be seeking from the letting agent or owner.

    It is reasonable to expect you are starting to unpack and settle and have incurred expenses in doing so.

    You would quite reasonably expect quiet enjoyment and now have good reason to expect this to be disrupted, possibly even requiring you or your partner to be in attendance.

    Are you seeking:
    The Lease be made void and Compensation to relocate.
    Somewhere else to live at their expense while the work is completed?
    Happy to stay, but wanting a period of free rent.
    etc.

    • +2

      Thanks,

      That's really helpful,

      In honesty, at the very least we would be looking for a rent reduction.

  • +5

    Demand a rent reduction or rent free during works period

  • +8

    This is a fairly common occurrence but not an acceptable one.

    Negotiate on rent reduction or take it to your state's tenancy regulator. The property manager will likely dismiss it as impossible and this is also a very common reaction, also not an acceptable one.

    When approaching the property manager, keep in mind they seem to be trained in using the word "standard" when they actually mean convenient. Ie. This is a standard issue. Don't allow a conversation to flow without interjecting an querying what standards are they referring to.

    They need to be off script before any real conversation begins.

  • Pro tip: Hide the bong.

  • -3

    to carry out demo and building work to the balcony.

    They're removing combustible cladding. It's for your safety. Let them do their job.

    • There isn't any cladding on the balcony and I didn't say I had any intention on stopping anyone from carrying out any work.

      • What advice are you looking for if you don’t have a problem with the work?

  • Welcome to strata living in Australia. It often amaze me as to how many times they demand access to one's unit in any particular year (always during tradies' work hour, and when most people won't be at home, of cos) and how little notice you get, even with the most routine things. It's almost like they assume you don't have a life. (Having said that, we usually get at least a couple of weeks' notice.)

    Try to negotiate something like a reduced rent if you want but don't be too difficult if you think you might need to keep renting in the foreseeable future. Property managers can be jerks (either by making life difficult for you under this current lease, advising the landlord on whether to renew your lease or increase your lease at the end of your current lease, or give you a poor reference when you want to rent somewhere else).

    • +1

      always during tradies' work hour, and when most people won't be at home

      Would you rather your body corporate pay double (1.X x) the rate for someone who works in the evening?

      Would you like to pay the same wage for working evening hours?

      • you're taking that one line out of context

        my point was that they expect everyone to be able to provide them access while most people would be at work at short notice - which is inconsiderate (even if they're entitled to do so)

        Btw, if you have to talk about $, don't you think more wages is potentially lost for the time that visitors have to take off work?

      • +2

        Would you rather your body corporate pay double (1.X x) the rate for someone who works in the evening?
        Would you like to pay the same wage for working evening hours?

        I couldn't give a toss if I was renting.
        When I rented for 6 months in 2017 i had to take 4 days off for various strata maintenance issues (intercom wiring upgrade, fire equipment inspection, a no-show and intercom handset replacement).

        I now own in an apartment block and surprise, surprise, we get all our common property maintenance done when it suits us at no extra cost.

  • +3

    You've been stitched up. Whether it was the owner not telling the letting agent, or the letting agent not telling you is speculative. But there is no doubt that relevant people knew about this ahead of time and have chosen not to communicate.

  • I'm under the impression that information about work carried by a body corp is available to the unit owner but as I'm new to the country I don't really know Australian rental regulations and I'm struggling to find any info about a situation like this.

    Generally yes, but for emergency work (e.g. anything structural which has a safety component), there could be basically no notice. Body corps are also…. inconsistent about notices and communicating with owners. Some are good (will email, etc). Others will send a letter to the property itself via normal post, which can get there AFTER work's started…

  • Sounds like you are getting a new balcony so dont complain.

    Meanwhile DEMAND for a rent reduction for the unmentioned inconvenience caused.

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