Rent Reduction Entitlement

Hi, I m not sure I've put this in the right category, so please direct me if I should move this post.

I rent through an agent and don't have my landlords contract details.

We're on the third floor of an apartment block and the lift has been out of service for over 3 months now. I've repeatedly asked for communication on eta to fix and not had any response. I've also asked for my landlords contact details to escalate, but not been provided with any.

Does anyone know if there is another way I can find the landlords contact details and anything around our potential entitlements for rent reduction?

Thanks
Sam

 

's really a body corporate issue, the landlord can only do so much.

What has the agent done so far? They should be able to contact BC on behalf of the LL, keep pushing the agent.

Double check your contract, sometimes it'll have the owners number.

And enjoy the leg workout

 

So, you want to penalise your landlord for something that is not their fault? You need to address the Body Corp, or the PM.

 

Isnt a LL issue, stop trying to reach them.

Ask PM or body corporate about when they're fixing. I assume others in the building have raised it as well?

 

It is really a landlord issue because they are the one that can reduce the rent. You contracted for an apartment with a lift now don't have one so you are entitled to ask for a discount on the rent or a release from the contract. Landlord is entitled to ask the body corporate to reimburse their loss.

Of course all parties could say no.

 

[IMO] It is the Lessors problem in that the rental offering (which includes use of the common property) is now reduced in amenity, as such the Tenant would have a claim for a rent reduction and should seek compensation through xCAT as neither the Lessor or Body Corp would be forthcoming with this. (The Lessor might be inclined but the Agent won't generally allow this 'to just happen' and will suggest to the Lessor to make the Tenant do the work and then they both roll the dice at the Tribunal for a determination). It's unfortunate for the Lessor but one of the risks in this business.

 

I'm with @Terry_w & @Michael Mitchell - this is a LL problem (via the agent - the LL's representative). You can't approach the BC as you're not an owner and must be invited to do so (IIRC) so the agent is your point of contact.

Does the property have only 1 lift? How many floors down is your parking? These may have a bearing on the outcome with the tribunal too.

@Sam654 Why is the lift out of service - Breakdown and no funds to repair? Age of the lift and no parts available? No comprehensive service contract with the lift company? No funds in the sinking fund to repair the lift? Have you emailed the Strata Manager/Executive Committee about this issue (details should be on the common area notice board). Have a read of flat-chat in the SMH.

The owner is part of the OC, the owner offered lift access when the property was leased and the time to repair has been excessive (but not excessive enough to terminate the lease). Compensation via a rent reduction wouldn't be out of the question.

 

You are assuming the tenant and his family have no impediments and perhaps they have a young family and need the lift for any prams or strollers ...

 

Yes, I'm aware of one poor guy who was in a wheelchair and had to go bottom up the stairs to access his unit. He was an owner. It was many months waiting for a part.

 

Make a complaint Residential tenancy complaints

 

It is because of responses like this that PMs are universally loved and adored..... Perfectly reasonable and measured question, asked politely, and they get a response like that

How about this. You buy a plane ticket from Melbourne to Sydney. You get to the airport and your flight is cancelled - a thunderstorm has gone through Sydney. Not the airlines fault, so they say "Not moving you to another flight, no credit, no compensation, oh and get a grip it is only an 8 hour drive!". Sounds like you would be perfectly ok with that? Please...

- Luke

 

The twist, Skater is the landlord.

Boom.

 

Thanks for the constructive responses. There are obviously a few differences of opinion.

@skater When will my lift be fixed (just joking)

I would like to know too, also acknowledgement/apology and details towards resolution shouldn't be too much to ask.


There was heavy rain back in March and the lift stopped working after that. It actually happened 2 years ago too. The lift was then out of action for 4 months with no communication until the 4th month which was also the month it was repaired including waterproofing of the lift shaft so it wouldn't happen again! The body corp dealt with it then, and I guess should be dealing with it now. I've contacted my letting agent 5 or 6 times, they seem to be busy, on leave and have a few other reasons for not responding or responding slowly.

If the response from the managing agent was to contact the body corp or strata people with their contact details, I would contact them, although I don't feel it's my responsibility and I don't feel that I would have much influence over them and what they spend their money on.

There is only one lift for the block. We're on the 3rd floor and walk up the fire exit (good exercise unless we're wanting to take something bigger than a few bags). The fire exit has been propped open as some apartments have too many tenants (or unofficial tenants) and therefore don't have enough keys (my speculation).

Previously (last time the lift broke) we removed the prop so that the fire door closed to ensure our security (and also in the interest of something fire related too), but the door was then forcefully removed from its hinges.

The car park is on level -3 (minus three). The only access is via the lift or the garage vehicle doors onto the street for which we only have one remote to activate. Therefore we can't access our bikes down there if one of us is using the car and we also can't let visitors in to use the visitors spaces. I've asked for a second remote and been asking for over a year, but that's fallen on deaf ears.

I don't feel valued as a tenant. I feel that I should be respected and given information. As a result, I feel I need to take action that will get attention and personally feel justified in rent reduction for the time that we've been inconvenience.
Notice my use of the word "feel". If anyone doesn't feel heard in any situation (kids/colleagues/friends/etc.), they're either going to escalate or recluse (hide away). Communication is key.

Thanks for the positive advice and resources.

 

im going to go with the situation where ultimately its the landlords responsbility, but the fixing/addressing isnt the control of the landlord.

and hence why there is a bit of confusion/reluctance

it sux because the landlord isnt the one doing any of hte lift repairs, nor can he/she fix it themselves unless they are lift technicians

 

It all comes down to communication, surely.

 

I would recommend that you just go and clone the remote transmitter at your own (small) cost. You can find a "universal garage door remote control + transmitter" on ebay for $10-$30, or go to a Mr Mint or other local key cutter and they should be able to clone the remote transmitter for you.

 

It sounds like the property has a terrible property manager who is just non-responsive and/or doesn't care. The owner may not even be aware that there is an issue.

I would contact the strata manager just for an update, so you know whether it will be fixed shortly or its out of action indefinitely.

I would then email the PM (and cc the licensee of the agency) with a formal request for some fair compensation, and realistically it may be a minor small rent reduction given its likely out of the owner's control, mentioning that nCAT may be the next option for you if they don't respond within x days.

Or you can google/stalk the owner based on their name on the lease and recommend they get a new property manager!

 

I didn't know that, thanks.

 

Thank you, that's good advice.

 

Also in your email to the PM, document the dates that you have written/called them previously so its all in the one place.