Renter Here. External Carport Damaged during Rain. Whose Responsibility Is This?

roastchook on 11/10/2018 - 19:41
Last edited 11/10/2018 - 20:54 by 1 other user

Unit renter here. Large palm tree branches fell onto my allocated outdoor carport during rain, causing a lot of damage to the carport. My car was not damaged.

I reported to the Real Estate Agent (photos etc), who contacted Strata. Now it get tricky. Strata says its on common property, and are wanting to remove it (meaning my car would be totally exposed to the weather, and any future tree drops. It also happened a few years ago to a guy in the unprotected visitor parking). Real Estate says it's 'entitled to the property', and on the design plan, therefore Strata is responsible to repair/replace.

What do think is gonna happen? Who is right?, and is there anything I can/should do?

• 

  Hybroid on 11/10/2018 - 19:49

  Landlords insurance?

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  [Deactivated] on 11/10/2018 - 20:09

  +10

  Strata acts as collective owners. Landlord is owner.

  Tenant not owner.

  Carport is for tenant. Carport not work. Tenant report to landlord.

  Landlord fix. Not tenant problem. If strata involve, strata involve.

  Tenant only have to report. Tenant wait for fix. If no fix, no pay rent portion of carport.

  • 

    87percent on 11/10/2018 - 20:11

    -2

    There's no character shortage in here you realise?, you can use protest sentences.. but good advice

    • 

      [Deactivated] on 11/10/2018 - 20:12

      +5

      For some reason, I read the post in a heavy old Korean man voice and I answered like a long time Soju buddy.

      Incidentally, I am watching Kim's Convenience.

      • 

        87percent on 11/10/2018 - 20:17

        Great show..kimchi and the brothers boss is strangely attractive

        • 

          [Deactivated] on 11/10/2018 - 20:22

          @87percent: Wait. Kimchee is attractive? I understand if you think Shannon is hawt but Kimchee? My TV must be broken.

          • 

            87percent on 11/10/2018 - 20:55

            +1

            @[Deactivated]: No I meant their boss is attractive (Shannon).. kimchi is pretty funny though

            • 

              [Deactivated] on 11/10/2018 - 21:12

              @87percent: Aaaaaahhh. I was looking very hard and was starting to see how KimChee can be hot.

      • 

        tomsco on 11/10/2018 - 20:35

        I thought this

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          [Deactivated] on 11/10/2018 - 20:38

          @tomsco: Oh no. You see moving picture me.

  • 

    salekhard on 11/10/2018 - 23:07

    -1

    Advising the tenant to breach the rental contract and not pay rent is a bad idea. You can't just apportion the rent and not pay for the carport.

    • 

      [Deactivated] on 11/10/2018 - 23:17

      +1

      I did mention that the tenant has to report and then wait for the facility to be repaired.

      You can't just apportion the rent and not pay for the carport.

      After reporting and waiting, if repairs are not completed, the renter can request for reduction in rent. Of course the landlord may refuse but a simple application to VCAT is all it takes for the rent to be reduced.

      https://www.consumer.vic.gov.au/licensing-and-registration/e…

      I added this case study halfway down that page to spell it out for you.

  • 

    HighAndDry on 12/10/2018 - 09:26

    Actually if the carport is common property then the landlord isn't owner and probably has some kinda exclusive use right. More relevantly, if the landlord didn't own the carport, it might not (should not) have been included in the tenancy agreement.

    Op: check your lease, what's it say? Does it specifically mention "carport"?

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  mysterytal on 11/10/2018 - 20:11

  +2

  If you don't want the property without a carport then hand in your notice and find somewhere else to live.

  • 

    resisting the urge on 11/10/2018 - 20:58

    +2

    If up to strata, strata will remove carport.

    If up to tenant, strata will replace carport

    If up to Landlord, strata should help, but may take too long/be too hard/and their share cost too much… if they are tight-arses (sorry tightarse)

    I'd ask the LL to fix, and be clear that I would want a reasonable reduction in rent to cover the inconvenience as the car will have to be cleaned all the time, etc.

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  [Deactivated] on 12/10/2018 - 09:46

  is the tree located on the property? if so, strata is now aware of it so should be arranging for it to be cut back or removed to minimise potential for further damage. if they don't they could be leaving themselves open to liability should someones car get hit.