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The landlord, the tenant, the chain-smoking neighbour and the $11,000 fine

Discussion in 'Property Management' started by samiam, 23rd Nov, 2015.

  1. samiam

    samiam Well-Known Member

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    on my way
  2. Phar Lap

    Phar Lap Well-Known Member

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    Yep, welcome to progressive madness.

    What next?
    Will be interesting what comes out of this as far as legislation goes.

    I must admit that I fail to be convinced by how the smoke got into her apartment if she had the windows and doors closed, seems to be making out that it's coming in "internally" ?

    Is it illegal to smoke in your own "home" ?
    Can the landlord indeed stop people smoking in their properties?
     
  3. D.T.

    D.T. Adelaide Property Manager Business Member

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    It's SMH, which stands for Shake My Head :p

    There's probably a lot more to it that they aren't telling us.

    Based on whats there, I think the owner could be successful in passing that bill onto the body corp.
     
  4. thatbum

    thatbum Well-Known Member

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    Yeah that might be the behind the scenes answer. Apart from that, its not that controversial for the landlord to be responsible for it to the tenant at first instance.
     
    D.T. likes this.
  5. Phar Lap

    Phar Lap Well-Known Member

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    So it's ok to report a story but not tell the whole truth?
    What is it with media, how do they get away with this sensationalism/guilting of people ?

    Should be censored to "report" and not disturb the facts.
    Keep opinion based articles separate from the "news".
    Just my opinion.
     
  6. thatbum

    thatbum Well-Known Member

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    I suspect nothing will come out of this because its not even a particularly controversial application of the current tenancy laws - hardly "progressive madness".
     
  7. rhinsor

    rhinsor Well-Known Member

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    I might have to take my landlord to court. The house I rent has a road in front of it, which has cars passing by all the time with toxic emissions. The landlord needs to block the traffic so I'm safe.
     
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  8. JacM

    JacM VIC Buyer's Agent Business Member

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    Cigarette smoke from neighbouring premises can indeed seep in and cause quite an impact. At a premises I rented in London, a neighbour went away and her son invited his friends over and they smoked non-stop and partied so hard the drinking glasses shook in my cupboards. The cigarette smoke was so invasive that it literally got into my doona. So foul. It was dealt with by pointing out to the lady when she got back what had happened, that it was a no-smoking building, and that if there was one more singe occurrence of even one cigarette smoked in the building, I'd report them to the building superintendent and the fire brigade. It never recurred, but yes, the smoke of a neighbour really got into my apartment and got into all the soft furnishings. Even the curtains had to be washed several times over.

    With that said, I don't see why the landlord should be fined for it, especially since the poor guy didn't even own the offending apartment. I suppose that in such a case there is only two parties in front of the "judge" and one of them has to be the loser. The landlord of the offending property wasn't the plaintiff or defendant. So....
     
  9. Scott No Mates

    Scott No Mates Well-Known Member

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    It is an odd outcome however the lessor will need to put the onus back onto the adjoining unit owner and to the BC.
     
  10. WestOz

    WestOz Well-Known Member

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    Wow! I'd like to believe there's more to it, otherwise were becoming more and more like the USA.

    Would LL insurance help out in anyway with this?
     
  11. JacM

    JacM VIC Buyer's Agent Business Member

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    I wonder if you could argue that the cigarette smoke was a "guest" that caused malicious damage :eek:
     
  12. larrylarry

    larrylarry Well-Known Member

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  13. No Probs

    No Probs Well-Known Member

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  14. Bargain Hunter

    Bargain Hunter Well-Known Member

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    "The owner of the apartment below was apparently reluctant to evict the tenant or stop her from smoking given her ill health."

    "Smoking was allowed in the apartments and the owners corporation declined to intervene, suggesting instead that the owner, Dr Bhandari, take action against the owners of the flat below."

    "The tribunal heard that "most afternoons and evenings the leased premises were affected by smoke from downstairs and to quite a considerable extent", noting that "somehow there is a mechanical problem in the internal ventilation passages of the strata that is allowing the smoke to pass from the downstairs unit into the inside areas of the upstairs unit"."

    All this sounds like a strata issue rather than an individual landlord responsibility, and yet he also lost the appeal and one would assume that the issue remains.
     
  15. DaveM

    DaveM Adelaide Buyers Agent & KFC Strategist Business Member

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    Its always someone's fault and the landlord was the softest target in this case.
     
  16. larrylarry

    larrylarry Well-Known Member

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    That's concerning because it seems that the Strata just palmed the issue off to the landlord when relevantly, the structural issues are questioned.
     
  17. Bargain Hunter

    Bargain Hunter Well-Known Member

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    After all he is a doctor and apart from knowing that passive smoke is bad for your health he can also easily afford to compensate for other peoples actions.o_O
     
  18. willair

    willair Well-Known Member Premium Member

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    The tribunal noted that "although this was of no fault of his own, he [Dr Bhandari] still has the responsibility to undertake the necessary steps to ensure" a habitable premises, ordering him to pay damages of $11,681, including rent reduction, packing and removal of $2800 and a refund on Ms Laming's blinds of $900.
    Quote..