Broken window handle

Hi all,

The tenant informed us that the handle of the window is broken (as shown in the pictures) and asked to have it fixed. To me, the broken handle does not seem to be from fair wear and tear. Just want to get your opinion on whether the tenant should be repairing the handle at their cost?

Thanks.

 

Yep, looks kinda like the wind got it and it swung closed on the handle breaking it.

As it is an external window it should be body corporate property, so you might be able to put it back on them.

Otherwise just fix and move on, not something worth creating tension with the tenant over

 

Thanks, good point. Will check on the body corp and fix it up.

 

I very much doubt this is body corporate issue. (What is an external window?). The handle is on the inside and these (Whitco) chain type winders are relatively cheap and easy to replace. Do yourself a favour and just buy a replacement and fit it yourself.

 

External windows are windows on the lot boundary or windows that can be seen from the street. In NSW at least (not sure about VIC) these are common property. Get them to fix it. If you touch them they are within their rights to sue you.

 

Maybe this is a Sydney thing in which case I humbly apologise, but I suspect this is a windup. As a strata owner in Perth, all apartment windows obviously open to the outside (or externally). Apart from external window cleaning I have never heard of these (internally accessible) window winders being defined as a strata or body corporate issue. Perhaps this is a windup in which case I request the moderators to edit all posts accordingly.

 

What would ‘they’ (body corporate?) be suing for, exactly?

 

For altering common property. To get you to revert it back to normal. I'm being slightly facetious of course. Most owner corporations wouldnt care.

 

Since it’s on the inside, how would they know? You would just replace like for like...

Of course, if the OP wants the body Corp to pay, it’s worth asking.

 

My favorite is that original floor tiling is common property as well. If it develops a crack you're within your rights to get the OC to fix it.

 

Can a new handle be fixed to the current window?
Can always get a cheapy $5 handle from bunnings and screw it in.
(Probably won't look the best but will work - assuming strata doesn't cover it).

 

Given the height of the dwelling and window there may be a requirement to have a different mechanism (compliant to present law) installed and and mechanism to limit people falling from that window. Its a strata issue to consider if they have requirements to do that. eg NSW rules below. Check what requirements for law and responsibility for negligence in your state. You and strata may be personally liable. That device doesnt look "robust" if its broken easily and may be non-compliant for the past 2 years. The occupants should not be liable for any cost.

Window safety device requirements
Vic : Protection of Openable Windows | Grimbos Building Surveyors