Ceiling collapsing in bathroom of Rented property

TitaniumOvaries on 07/02/2018 - 09:12

Hey Guys,

So I was looking for some advice as to what my rights are as a renter regarding the following situation.

In July last year my Partner and I noticed a leak coming from the roof above our shower in the bathroom. We notified the property manager immediately, with a photo and description of the issue, they said they would sort it out. Now after that it wasn't much of an issue, just a drip here and there and no more visible damage occurred during this time.

Fast forward November, the lights in the bathroom stopped working, since this was a busy period and daylight savings and all we made due with the issues. In January my Partner and I came back from a holiday and the roof was bulging with water I estimate there would have been able 6L of water. We took pictures, and notified the Property manager. Since then it has been 3 week of the ball being passed around, between the property manager, strata and the owners of the apartment above which is most likely causing the issue. The issue with the roof in this time has progressed and the ceiling is on the verge of collapse. See pictures below.

After some investigation online it seems we don't have much power on our side, since with holding rent seems to be a mortal sin in these cases. I was wondering it anyone has been through a similar situation or has an advice on what we can do. As I am worried for our health and well being at this point and can't use the shower in the apartment that I pay for.

https://imgur.com/gallery/81TIL

Home & Garden

Comments

  • Randxyz123 on 07/02/2018 - 09:31

    Haven’t been in your situation but you should have rights.

    Have a read of https://www.tenants.org.au/resources/repairs

    I’d say that would classify as a urgent repair(hopefully you emailed your property manager).

    I’d be getting it repaired (as in call someone that can come today) and sending them something like this https://www.tenants.org.au/sample/repairs-urgent-reimburseme…

    If they don’t reimburse you, Take them to court.

    • TitaniumOvaries on 07/02/2018 - 10:53
      +1

      Thanks, I'm about to contact the Tenants union.

      Although it just does not seem right that I would have to pay for repair in the interim. They have had 6 months to fix the issue and there is also electrical issues. So trying to get it all fixed under $1000 seems unlikely.

      • Randxyz123 on 07/02/2018 - 12:00

        Wow didn’t see that bit about $1000. That’s at least a 2 day job and will probably cost over $2K to fix.

        Contact your building manager and your property manager. Tell them you expect this to be fixed within the next 48 hours or you’ll be going to NCAT and lodging a breach form.

        Hell I’d be getting on the phone to the property manager and telling them to come and see.

  • pantsparty on 07/02/2018 - 09:36

    Out of curiosity how old is the apartment?

  • KaTst3R on 07/02/2018 - 09:50
    +1

    As a landlord myself, this kind of issue is best sorted out at the early stage. So it makes no sense for the owner to procrastinate as it would lead to a bigger cash outflow if it gets worse. It is clear that the owner is fully responsible to fix all issues within their lot, the strata only looks after common public areas. And depending on how old the property is (>20 or 30 years old), there is a small chance abestos could still be used in the building material. I would contact Fair Trading NSW or Tenants.org.au for advice.

    • Peter Enis on 07/02/2018 - 10:22

      the owner is fully responsible to fix all issues within their lot, the strata only looks after common public areas

      This is not entirely true. In my strata unit (30+ yrs old) the shower base developed a leak that caused the carpet in the adjacent rooms to rot, and the paint on the walls to peel off. Resealing of the shower base was fully organised & paid for by strata (which cost around $1500 if I recall). All we had to do was report the issue to the strata manager and they arranged everything. I noticed in future strata reports that other units were getting the same treatment.

      • KaTst3R on 07/02/2018 - 12:26

        From my understanding, if multiple properties are involved in the damage, that is when the strata will use the sinking fund for repairs. But if it is isolated within one property, it could be owner's expense. I heard a situation where a burst pipe damaged the carpet and the adjacent property. The strata stepped up for that repair. Thanks for sharing, I'll take note of this.

  • ronnknee on 07/02/2018 - 10:21

    I think it's unreasonable to expect the tenant to bare the costs as it was caused by a leak from above.

    Probably best to follow the advice from those above in regards to reimbursement of urgent repairs if they're not gonna do anything about it. However, best to warn them first eg. "I'm going to seek repair as per my tenant rights if nil action is taken within 14 days."

  • Krankite on 07/02/2018 - 10:31

    Call the property manager and tell them you will be issuing a breach if the problem is not rectified, most obvious issue would be lights in the bathroom not working. If they don't get back to you within that day the next day you issue the breach form. In my experience just mentioning that you are aware of the form gets action from a property manager as it will go down on their record. For more details and proper advice on rentals go here "https://www.rta.qld.gov.au/Renting/During-a-tenancy/Maintenance-and-repairs/Who-is-responsible-for-repairs"

  • Seraphin7 on 07/02/2018 - 10:52

    Ride the property manager. That is what they are being paid for.

    • TitaniumOvaries on 07/02/2018 - 10:54

      Yer the problem with that is the property mangers don't seem to care, they respond to emails and calls after a few days.

      • Seraphin7 on 07/02/2018 - 15:56

        I hear you and this is their usual tactic. Unfortunately the property managers are usually little more than receptionists … they simply pass messages between the landlord and tenant and do little in between, especially when it is an issue such as this.

        Let me tell you from painful personal experience, that this sort of issue takes riding. I had a not dissimilar issue in my place, that I own and live in so I had every vested issue in sorting it out. As soon as you have water leakage between apartments, it's a bun fight between the two owners and the strata manager. Throw in a tenant/property manager or two and the issue gets very confused very quickly. The only resolution, painful as it is, is just to ride the issue until it's resolved.

  • John Kimble on 07/02/2018 - 11:21

    Man, that is terrible! Hope you get it sorted asap. Definitely could have been avoided if they identified and fixed the issue earlier.

  • MITM on 07/02/2018 - 12:59

    Your lease may list the OWNERS name and address - I'd contact them directly and bypass the useless PM.
    A council search (for a fee*) will also reveal the owners details.
    I'm sure they would be glad to hear from you as they are paying the PM 6% of your rent each month to take care of any problems - so they may get "sacked".

    • send an invoice for the fee plus your time to the PM - for doing their job.
  • wordplay on 07/02/2018 - 21:18
    +1

    they will probably try to say you caused it- showers too long, creating steam not using extraction fan etc…. and try to take it out of you bond when you leave.

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