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Hi there,
The tenants broke a waste pipe which is attach to the garage wall inside the garage, the waste pipe is a 100mm round and they hit it whilst entering or exiting the garage…. the owner ask the Owners Corporation to have the pipe repaired..
My question is who should pay for repair as the damage is obviously done by the tenant our owners corporation are getting sick and tired of fixing things that are always broken by tenants…
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As a building manager of a very large scheme in Sydney the process we follow is that the OC would fix the pipe then invoice the owner of the lot.
The owner of the lot could then chase the tenant for the cost of the repair.
Hi,
Our managing agent said to us that it is our responsibility to fixed and pay and not charge the owner…
One of the owner also mention that its been broken for a while and they have a few renters since, it becomes obvious that the agent they have didn’t do their job properly when the renters go..
Can we demand that the owner fix it and pay for it..
RTNQ – I assume that you’re an Owner, that by “our responsibility” you mean the Owners Corporation’s responsibility, and that by “managing agent” you mean the Strata Manager engaged by and working for the Owners Corporation (O/C).
As the O/C’s relationship is with its Owners, and the Owners’ relationship is with their tenants, Luke’s advice (post #2) is absolutely correct and IF the Owner/Landlord is certain that it’s their current tenant that damaged the waste pipe, then it’s up to that Owner to recover their costs from that tenant just as they would if there was damage inside their Residence.
As it appears that this waste pipe is in a position that makes it liable to damage by vehicle/s, then the O/C should at its cost place a suitable protective barrier around it to prevent future damage.
Can the O/C demand that the Owner pays?
YES – remembering of course that whilst your Strata Manager is paid by the O/C to provide it with advice in the management of its Strata Scheme, in matters such as this they must act in accordance with the O/C’s instructions.
So the O/C (Secretary) should instruct the Strata Manager to obtain quote/s to have the waste pipe repaired, to send a copy of the preferred quote to the Owner, to engage the Contractor / Plumber to do the repairs and to install a suitable barrier, to pay the Contractor from the O/C’s funds, and to invoice the Owner for a reimbursement of the repair costs ONLY.
Further to Whale’s excellent response, it is evident here that the owner’s letting agent is not doing a thorough job, if it cannot be determined which tenant was responsible for the damage. A condition report should be made out prior to and immediately after each lease of the property, this would have determined which tenant was responsible. Tenants are required under the terms of their lease to be responsible for any damage to the property as a result of their negligence. A bond is collected from tenants, the cost of repair can be deducted from their refund at the conclusion of their lease.
I’ve had similar damage done to a garage door (common property) by a tenant of mine, it wasn’t reported to me and only became evident at the time the tenant vacated. As a proper inspection was done by my letting agent, the cost of repair was deducted from the bond. In this case, I’d highly recommend that the owner concerned be advised by the OC that he/she should seek a more diligent letting agent if he/she doesn’t want to wear the cost of damage to common property by a tenant.
Hi
Thank you for advice…. And yes I’m an owner and I’m new to leaving in a strata title unit …The Executive Committee members where I live are all old people and don’t have computer
so they keep asking me if I can get some advice for them… That’s how I came across Flat Chat Forum, and I must say I’m impress, and learning a lot about rules and regulation when it comes to Strata living…Well Done!!!! 🙂
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