I am just going to keep this concise but with critical informations
We own an invest property in an unit/apartment building manage by a real estate agent, a long term 3+ tennant vacating the house. The tennant have left their rubbish dumb in the common area right after they vacanted. About a week later we received a notice from strata about rubbish - mattresses, draws, racks etc was dumped from our unit which is not right and told us to remove.
Have immediately pass this notice to our agent to get the tennant to rectify the issue. Not sure this is important part to note, our agent mention to us with (his view this is not a very important notice) they suppose to pass on to every unit resident. I just remind him to ensure pass this over to tenant.
Thought this is done and dusted from everything I can do to ensure no problem. We have never been contacted since this letter issue about the rubbish dumping from strata. We have been briefly away and only come back and check mail find out strata issued us a bill $700 for cleaning up the rubbish dump by the tennant. This is now about 4 weeks since tennant left. Call up the agent the guy always with either been busy up with other work or his family matter. Had to sent these copy to the RE principal so they start believe this is pretty serious.
Obviously the cleaning up should never be $700 strata people just doing a profit here. Now it a horrible situation have to chase the RE principal. This principal mention they are chasing the tennant for the payment. Most recent phone call with RE principal the tennant mention have contacted the strata to agree to dump the rubbish in the common area when they left. Principal said current chasing tennant to request strata in writing to prove strata allow them to dump the rubbish (obvious you know 99% the tennant making it up).
Could go into a lot more on the story but these probably the critical detail about whats happen. I heard story how unreliable go to Fair Trading are toothless and eventually goes nowhere. Should we call up strata to go chase up bill to tennant or go straight to Tribunal which is so cost and time effort. Have spoken with a few friends this is very bad strata act for money grubbing from owners. charges are difficult to adjust. Not even sure this current duty strata manager have attempt to in touch with us/agent/tennant. the person may not even care.
From my situation, not even sure what I can do more to prevent the problem. The issue can be sorted so easily very early if our agent act on this right away when I pass this on to tennant as we told them. Also when the bond still held at the agent. Our goal here is to get the bill onto tennant which they obvious committed the rubbish dumping. Few people already tell us to CTTTs as totally a victim on this case but can be problematic my opinion.
Have just spoken with Fair Trading today. was surprisingly helpful, not as bad as other people have said they are. When asking advise about the matter, two ways can go about this from now.
Here is the conversation which on your side, either in touch with strata (writing prefer) that strata could not legally charge owner if the owner did not commit the rubbish offense. bill can only to tennant who committed this act. They do this commonly as they don't bother chase up the tennant who just pass onto owner who blind and paid. They can only charge the party who commit the offense and $700 cost of the job need to be explained fully. In my case there is one line about the job which they have themselves to explain. They cannot put invoice to levies payment which is illegal but that what they have done now.
Another way is to go for submit a complaint to REA which they neglect to act as interest to this matter. fair trading investigator will act upon to contact our REA to force them to bring this case to tribunal to claim partial or my case is full rubbish invoice to tenant as long as complaint made without 6 months of the bond refund date.
The fair trading guy from strata tenancy section urge us to make put matter into their attention that if they put invoice into levies payment. it is a big offense they are trying to crack down from many NSW strata companies at the moment. There is no obligation that we should be liable for rubbish dumping to owner when offense is made by tennant. We can bring owner corporation to tribunal if owner did not do the offense and pass invoice to owner. Invoice must go to the party who commit the offense
Thanks for anyone input anyway. Fair Trading not as bad so far at least, have a knowhow to go about our issue now. sorry for long read and grammar
Good to learn, thanks for sharing the possible outcomes.
Great! You found someone to tell you what you wanted to hear. Now pay the invoice and move on.
Strata didn't go to the NCAT straight away, to recover costs, they sent you the invoice to avoid further fees and costs. Strata/owners corporation has no contractual relationship with the tenant especially once they cease being a tenant.
I assume Strata didn't send you a levy notice and added $700 to your levy which incurs 10% interest if left unpaid. They sent you a copy of the invoice with a letter asking you to pay it. There is a difference.
This is not rubbish dumping where the tenant breached a by law and still resides in the premises so they can be issued with fines, notices, or take them to tribunal etc. The tenant vacated, dumped their rubbish and u released the tenant from obligations by releasing their bond.
We have all maintained that the rubbish was the tenants responsibility, but it's up to you to recover it from the tenants bond. If you Real Estate Agent released their bond and you can't chase the tenant, you seek a claim from your agent.
If you don't pay the invoice, the owners corporation can then take you as the unit owner to tribunal .. The strata schemes management Act allows the owners corporation to recover cost from you, and the Residential Tenancy Act allows you to pursue a case against your former tenant.
nvm I'll go talk to a brick wall now.
they have send the invoice then another one which is the levies added the value of the invoice. We evaluate everything have heard to make a valid judgement what to do next include your message.
if for whatever reason you don't end up paying the bill, it will end up being paid by the building, which means you'll still pay part of it, and the rest of the owners may end up not liking you. If you need approval for something later on, they may remember this, and vote against you just to spite you.