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I am a tenant in a strata scheme, and I got an email from the agent telling me about upcoming legally requried work (the child safety thing for windows). It nomitates a date (about a month in the future) and time that the installers require access to my unit, which I am happy to consent to.
Unfortunately I need to work at that time. I replied to the agent’s email telling them this, and got a phone call back. They claimed that it is my responsibility to arrange for the installers to have access, and that if they can’t get access, strata will be charged an additional call out fee, which strata will then pass on to me.
This seems dubious to me. Is this accurate? I would have thought that the responsibility lied with the owner to arrange access.
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berty – The one month Notice is sufficient time.
The agent, rather then the owner, has contacted you because the owner has given the agent the authority and responsibility to do this via the agency agreement.
In the circumstances of you working (and if you are uncomfortable having an unaccompanied trade person in your apartment in your absence) may I suggest that you either: (a) organise for a person that you know to be in attendance when the work is carried out, or (b) obtain a written guarantee that a Executive Committee member will be onsite in your apartment with the installer at all times, or (c) organise for the agent to be in attendance when the work is carried out, or (d) ask the owner to be in attendance when the work is carried out.
The Office Of Fair Trading states, in relation to owner or agent access, that:
“The law says that tenants must not deny or hinder your right to access if proper notice has been given. If your tenant refuses to allow you access to the premises, an application can be lodged with the Tribunal seeking an order allowing entry.”
berty – If you are happy to allow access then the contractor can obtain a key from the agent. The owner should have left a spare set of keys with the agent. Just ask the contractor to go to the agent and collect the key or ask the agent to go to your apartment and let them in. You don’t have to be there.
As for you being charged for another call out fee …. it will be the owner who will be charged by the service provider not you. However the owner may then try and pass this cost on to you. If you refuse to pay then the owner may elect to take this matter to the RTA Tribunal.
I guess you have to weigh up the pros and cons of whether its worth the anxiety of having this matter escalate.
Basically the law says that if the “occupier” denies access, the Owners Corp needs to get an order from the Tribunal. After that, if the occupier hinders access, they can be fined up to $550 and be liable for any damage caused in gaining access.
That said, you are a long way off that fairly drastic stuff. The issue is that you are having to give up your time to facilitate something that is of little or no benefit to you, right?
So put it back on the landlord or agent. Just tell them that it’s inconvenient for you to be there so they will have to make their own arrangements. They’ll have a spare key – let them use it.
Just lock away your valuables and photograph everything that can’t be locked away, then leave them to it.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
I think with the notice period given of a month is an ample amount of time for the tenant to prepare the necessary arrangement. If you have work or are just unable to be present on that particular service date, then it should be your responsibility to arrange an alternative. You could have a family member or a friend open the door for you instead of being charged another call out fee. Or discuss an alternative with the owner like have him/her come down to your flat on that particular date as a favour or a mutual agreement.
So you don’t have a problem with them going into the property and doing the work, but you can’t be there. I am not sure why you object to arranging for them to have access, there is any number of ways that can be achieved.
If your door is locked they can’t gain access so yes, you are preventing access.
Why don’t you give the keys to a neighbour so they can open the door for the tradesmen?
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