What do I do? Can I tell them we are not happy?

Hi,

This is about the place I live. I got an e-mail from my property manager about the landlord has approved the work for replacing balcony tiles. The work will take about 20 business days. I have a 10 month old baby at home and I worry about the noise and dust it will bring to us. What can we do? Can I tell them we are not happy about it?


Message from the property manager.

"As you may be aware of the balcony tiles are getting replaced for the entire complex which is arranged by the Owner Corporation.

The landlord has approved for the works to go ahead. Though the date is yet to confirmed for the works on level 10, however I will keep you informed.


The tradesmen will require access into your apartment close to 20 business days between 8am to 4pm to work on the balcony tiles. They will ensure the works are carried out in a cleanliness manner will not disturb your quiet enjoyment."

 

What outcome do you want exactly? It sounds like its an owner's corp thing, so its probably the case that your landlord doesn't have direct control over the work.

 

If it was your property, what would you want them to do?

 

If I were the landlord and my tenants want to terminate the lease due to this issue, I will agree.

 

I doubt the work would take 20 days, it's likely a block given to cover all bases or to do all all units on your level. The works for your particular unit is probably more likely to actually be 2 days. Closer to the date, you might be able to contact them and ask for more specific dates so that you can make alternative arrangements, such as visit a relative for the day.

Since the work is for the whole building , they're going to need to do whole building in one hit. They're unlikely to delay it or release one person from their contract because of it.

Afterwards though, if the tradespeople have done damage or left lots of dust, you'd have a right to complain.

 

Ask for more specific detail of what, when & for how long?

Do you use the balcony?

Can they access the balcony in any other way?

Are they going to lay floor protection in your unit?

How are they going to deliver/remove materials?

Are they going to steam clean and dust the apartment etc?

 

@thatbum (hi)
From what I understand, in WA a tenant can legally refuse major improvements to take place until after they vacate, not sure if this is only for non-strata premises, any idea if it includes strata/corp ?

Be pretty difficult to have all vacant at the same time but perhaps legal ruling would be works to be carried out individually as/when vacant?

 

@thatbum Tiling is external works, wouldn't affect anything. Tenant would have no claim to temp accommodation unless work is for an extended period.

 

Being their balcony, on the 10th floor, only access is via their apartment, privacy, personal belongings etc.
If I was the tenant I wouldn't want that, especially if I couldn't be there at all times they require access, bit hard when I work the same hours they do.
I'd tell-em no way, do it when I move out, if you want it done now move me out, but it'll cost ya.

 

I cannot imagine the workers will muck around. Dealing with multiple people would be a pain. It sounds like it is going to go ahead. If the building is going to give them access can't OP just be absent? I don't think a few tradies entering the place and tiling is hazardous to the health of your family? Super short term nuisance that is reasonable IMO

 

Imagine the potential accusations of theft, damage etc etc etc

 

Hire a security guard at the building's expense.

 

If it's body corp doing it you can't delay it as you will be delaying the works of all the other apartments. This is something that needs to be done. I think simple solution to the problem would be closing all the windows whilst the work is being done or also taking your baby out of the property at the same time.

Very unlikely it will take 20dags. For your property they could even be done in 2 days and they are just giving you the worst case scenario.

 

Your worrying too much I think, if the work needs to be done, then let it be done and over with, it wont take 20 days, even a whole house would take a few days, and if it is outside, why worry as you wont be in the middle of it.

If you were the owner, you would need it to be done too.

If you do not like this, buy your own house so you can do as you wish with your property.....but even then often you have easements or services that you MUST allow others access too for same sort of reasons.

You could also organise to be out for those few days, nail down when and how long instead of worry for nothing,

 

1 day to remove old tiles and prepare screed etc for new tiles, come back another day to lay tiles and grout. Could be 20 days for the whole unit block but certainly no more than 2 for your own balcony.

 

I concur, feel they have mixed up the total job days with days they think will be on the one unit, a mis communication somewhere.

 

As a compromise,
ask the workers what time they will be removing the tiles, and make that time Baby's time for a walk and a play in the park or play group.
I am sure they will try to compromise, tilers have babies too!
and make sure that you get the chance to relax, and enjoy the break while baby is playing!
I hope this helps,
cheers

 

It's something that needs to be done (the tiling). I'd take the approach of "well the weather is nice now, I can take this opportunity to visit people and go on outings to the park/beach with the baby during the day if the noise happens to be too annoying."

 

I wouldn't be too keen on someone accessing my unit to get to the balcony for any time within a 20 day period.
Had BC works to paint the windows, they wanted us to leave our windows unlocked. I said no way was I leaving the windows unlocked all day when I wasn't home, especially in Sydney. I don't think that's unreasonable - but I'm sure there are some evil landlords here who would disagree.