What Would You Do? Ceiling in Apartment Collapsed and Now Moderately Homeless

Lpreferredusername on 28/11/2018 - 12:10
Last edited 28/11/2018 - 13:09

Hi OzBargainers,

I currently rent an apartment on the top floor of a building. It has a flat roof with internal roof downpipes and evidently not enough, as due to heavy rain the ceiling in my bedroom collapsed and the entire apartment was flooded. It is currently uninhabitable as all the carpet, underlay and skirting boards have been ripped up and the ceiling in my bedroom is now a tarp. My ensuing experience with the real estate agent and Body Corporate have been about as joyful as anyone can expect.

My questions now are:

  • Now that they have removed the water and I can no longer recoup the costs of damage by offering casual swimming passes, how else could I make light of this situation?

  • What ludicrous demands could I make of the real estate agent?

Also happy to to hear the stories of others who have had similar experiences.

TLDR: Pros - got to make use of contents insurance; cons - moderately homeless?

Edit: I am in Victoria

Home & Garden

Comments

  • John Kimble on 28/11/2018 - 12:15
    +14

    Congratulations on having contents insurance!

    • Imhereforcomments on 28/11/2018 - 12:45

      You mean his/her Landlord?

      • elgrande on 28/11/2018 - 12:49

        No, the tenant would need contents insurance for their items.

        The landlord would need contents insurance for non fixtures, i.e. blinds and flooring.

        • Imhereforcomments on 28/11/2018 - 13:01

          Oh ok, fair enough.

        • preferredusername on 28/11/2018 - 13:21
          +2

          Correct - although apparently the carpets come under the owner's contents insurance (rather than home insurance). It was interesting to watch one insurance company essentially play the other. I believe the former basically waited until the carpets had been soaked for too long and it became a structural issue the other insurance company had to deal with it.

        • garetz on 28/11/2018 - 14:03
          +2

          Um no, whoever is responsible for the ceiling collapsing is also responsible for all concurrent damage due to the ceiling collapsing.

          • John Kimble on 28/11/2018 - 14:35
            +2

            @garetz: *Subsequent

            Not always that simple unfortunately. There's a lot of grey area for who is responsible for what, especially in strata titles and the insurance companies take advantage of this. Experienced it first hand.

            • HighAndDry on 28/11/2018 - 15:34

              @John Kimble: There's a miscommunication here I think.

              In one sense, one insurance company is responsible for fixing/compensating the customer for things (i.e. in this case, contents insurance is responsible for fixing the carpet and paying OP for any items damaged/destroyed.)

              In another sense, another insurance company is ultimately responsible for the financial cost (the damages) from the matter (i.e. in this case, probably Strata (insurance) needs to pay landlord (insurance) needs to pay OP (home/contents insurance) for the costs of this whole thing.)

              So you're both right?

              • garetz on 28/11/2018 - 18:26

                @HighAndDry: There are too many variables in this case, comes down to negligence and if it could of been prevented, but ultimately one party is responsible, either through their actions or inactions, it could be strata, or the owner, its hard to say in this case. However once the responsible party is identified, they are ultimately responsible for all the damage incurred.

                • HighAndDry on 28/11/2018 - 18:28

                  @garetz: Eh, seeing as OP is on the top floor, and:

                  It has a flat roof with internal roof downpipes and evidently not enough, as due to heavy rain the ceiling in my bedroom collapsed

                  That's almost 100% a strata responsibility. The roof downpipes of an apartment building are common property after all. There's no maintenance that the owner could've done to prevent this.

                  • garetz on 28/11/2018 - 18:32

                    @HighAndDry: Its anecdotal evidence, till you get someone out to check what actually happened, its just a layman observation.

                    • HighAndDry on 28/11/2018 - 18:37
                      +1

                      @garetz: Fair. No doubt the insurance assessors will have a ball.

  • moocher on 28/11/2018 - 12:29
    +2

    Very sorry to hear about your situation. The Tenants NSW website has some info for storm damage which may help as a starting point:
    https://www.tenants.org.au/factsheet-22-storm-damage

    • preferredusername on 28/11/2018 - 13:33

      Thank you so much, this is very useful information. I forgot to add I am based in Vic but much of this is still applicable - in particular as the agent is skirting the issue of a rent reduction may be one for VCAT!

      • moocher on 28/11/2018 - 14:04
        +1

        Oh right, your profile location said Sydney so I thought it was due to today's storms!

        • John Kimble on 28/11/2018 - 14:38

          That would be a super quick insurance claim, which is near impossible ;)

  • HighAndDry on 28/11/2018 - 12:35
    +6

    and I can no longer recoup the costs of damage by offering casual swimming passes

    I applaud your ability to maintain a sense of humor despite having actual very serious and valid reasons to be upset.

    What ludicrous demands could I make of the real estate agent?

    Not even ludicrous - ask them to credit you for the rent you paid for the period you can't stay in the ppty. I'd also ask that they pay for your costs of a hotel stay, though apparently they're not obliged to pay this.

    • preferredusername on 28/11/2018 - 13:29
      +1

      I applaud your ability to maintain a sense of humor despite having actual very serious and valid reasons to be upset.

      Thank you so much. At the end of the day it was just stuff that got damaged, and I wasn't home when it happened which would have been much worse, so there is some sort of silver lining!

      Not even ludicrous - ask them to credit you for the rent you paid for the period you can't stay in the ppty. I'd also ask that they pay for your costs of a hotel stay, though apparently they're not obliged to pay this.

      I feel the agent is skirting the issue of refunding the rent. In my last e-mail I had to stipulate a deadline for them to respond to me by. I assume the owner would have tenant's insurance to cover the hotel stay but doubt they want to make a claim if they don't have to, but given how the situation has been handled so far I don't think I need to play the part of a calm, understanding tenant anymore!

      • HighAndDry on 28/11/2018 - 13:41

        I feel the agent is skirting the issue of refunding the rent.

        For a property that's flooded, has parts of its ceiling missing, and is plainly uninhabitable? To quote the New Yorker , "Christ what an (profanity)".

        Send them a sternly worded (but civil) letter/email and nicely mention "VCAT" and "compensation". Just a note - this is a little bit of a bluff because there's no black and white entitlement to compensation, so keep that in mind.

  • DarthAntz on 28/11/2018 - 12:39

    make art from warped wood and chipboard? aliexpress has cheap glue guns.

    take care, and watch out for mould

    • preferredusername on 30/11/2018 - 12:36

      Thanks for your reply (and sorry mine is so delayed). You can never have too many glue guns! Thankfully no mould (yet), unfortunately heard that my neighbour was not so lucky and encountered some when they ripped up their carpet!

      • DarthAntz on 30/11/2018 - 14:10

        you cant have expectations that you:ll be safe from mould in any climate. if you get bad sinus in the next few weeks, mould could be one of the reasons why. its a silent killer in place around the world.

        take care of yourself and its good to see you get great support and advice from this community.

  • ropdoh on 28/11/2018 - 13:54

    Give Consumer Affairs Victoria a call, they should be able to provide some advice. https://www.consumer.vic.gov.au

    • preferredusername on 30/11/2018 - 12:38

      Thank you so much (and sorry for my delayed reply), this was a good resource.

  • Seedy seed on 28/11/2018 - 14:38

    You should be able to claim free emergency accomodation from your land lord. You pay rent the must provide you with a home until your lease is up 😂. Winning

    • preferredusername on 30/11/2018 - 12:53

      I should see if they can put me up at the Pullman!

  • VegemiteKid on 28/11/2018 - 14:59
    -3

    Where’s your contents insurance? Bear in mind there are complexities in this regarding owners corporation insurance.

    It may we’ll be the case your agent wants to help you, however their hand may be tied given the insurance claim.

    The damage has happened through no fault of the landlord, albeit I get you have been inconvenienced.

    There should be no question in you being credited the rent paid for the period you couldn’t occupy. However, you are a grown up and you should have insurance to deal with these types of events.

    You can put in a compensation claim for actual financial loss. Be warned VCAT will not award you compensation for hurt feelings.

    Be nice to your Agent. It’s not their fault this happened. Document everything.

  • JeKiZa on 29/11/2018 - 20:56

    Hi.. I too have enjoyed the refreshing buzz of an indoor monsoon.. Aka my indoor rain room.. Formerly known as my kitchen…
    The added bliss of it raining an absolute torrential storm inside… Only to look through the window, and outside the rain has stopped..
    And know too freaking well the bull schit (pardon my French.. But it is the nicest way to deescribe it) of THE DEMIGOD, LORD LANDLORD.. Mine, my own (younger & millionaire) brother..
    … Long story short…after just putting up with the uninhabitable sesspool, listening to him and going along with his lies etc… 5 long wet years later we ended up homeless..

    DONT END UP LIKE WE DID.

    I SAY GO VCAT!! AND GO THERE FAST!!!

    IN OUR EXPERIENCE, THE "PARTY" WHO GETS IN FIRST WINS.

    Take BOTH the agent and the landlord to VCAT.
    The last thing u want is for them to take u there.. Especially if they are skirting you… Unfortunately they will find a way to "railroad" you and it will be all your fault with prejudice..
    That's the way they all seem to roll..
    I WISH YOU GOOD LUCK, YOU'RE SENSE OF HUMOR IS AMAAAAYYYYZIIINNNGG!!
    KEEP IT UP, AND YOU WILL GET THROUGH THIS..
    JUST REMEMBER… THEY ARE THE IN THE WRONG.. AND WILL DO ANYTHING TO CONVINCE THE WORLD OTHERWISE.
    So be ready for anything to be thrown at you… Hense why u need to go to VCAT NOW!!
    I too first tried to "Google" for info and that in itself wasted more time and was useless and confusing.
    After you have lodged your grievance / event at VCAT, get a lawyers advice, try LAW ACCESS first, they will help you find what you need.
    I hope this (longer than initially anticipated) comment actually helps you….
    I believe the best way to learn is through your mistakes… I own my "truck ups" and try to learn as much as possible from them.. Whenever i hear(eavesdrop)of somebody in a similar sitch i (butt in) and stand on my soap box and preach (attempt to relay my experience, and give my 2 cents worth.. All within a tolerable timeframe.)
    ..I call it the "don't do what I did, do what I didn't do theory".

    Take care of yourself and your loved ones first.. That's what truly matters… Then onwards and upwards.

    WHY CANT EVERYONE JUST TREAT OTHER PEOPLE THE SAME WAY THEY THEMSELVES WANT TO BE TREATED…
    Being nice and helping others is my drug of choice..
    And if just one day, my (partially incoherent and somewhat confusing) advise (from my wealth of useless knowledge) and my own lessons from life (personal "truck ups") can be used to help somebody out…
    … Then that is a great day..

    ** end comment **

    • preferredusername on 30/11/2018 - 10:45

      Hi JeKiZa, thank you for your reply and sorry to hear about your experience, but it sounds like you have done your best to stay positive and learn and grow from it :)! Thankfully I finally got something in writing about a rent reduction today which has certainly put my mind at ease, as the Residential Tenancies Act is not the easiest read!

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