Ceiling Collapsed in Rental Property

Petronas on 22/10/2022 - 12:45
Last edited 22/10/2022 - 13:06

A work colleague of mine is renting an apartment. Last week the the ceiling above the entrance door collapsed as the owner of the building was undertaking renovations in the apartment above. The incident has created a total mess, damaged a lot of furniture and seemed extremely dangerous as if someone was under the ceiling at the time of the incident they would have been injured. The owner of the building is planning to live in the above apartment so this is the reason he is renovating it.

The owner of the building and real estate have been very friendly thus far however the whole situation has been severally disruptive with working from home now difficult (power cuts multiple times since the incident) and random men coming into the apartment with no notice. Even as I type this someone walked in just now on a Saturday.

My colleague has written a very long and comprehensive statement to the real estate representative however not sent it yet. She has however been in shorter email and phone correspondence since the incident. She is not sure of her next move. Should she hire a lawyer to speak on her behalf for a matter such as this?

What would OzBargain's next move be?

Home & Garden

Comments

  • [Deactivated] on 22/10/2022 - 12:53

    see how it goes without any legal action first, as they still have to live there, and will have to live with them, too. it's always better to keep things cordial.

    if talking to them and asking for reimbursement / compensation does not work, that is when you should send the statement to the representative and speak to a lawyer.

    • HeWhoKnows on 23/10/2022 - 09:54
      -2

      As I always say with "my friend" type posts

      Mind your own business OP and let them sort it out.
      If they want OB help they would come here directly
      Otherwise they will probably tell you where to go with your unwanted suggestions

      Now please stop wasting our time with stuff that doesnt concern you

  • oscargamer on 22/10/2022 - 12:59
    +5

    Get advice from https://www.tenants.org.au/resources/all if you are in NSW

    • try2bhelpful on 22/10/2022 - 13:02
      +2

      Absolutely. This sounds like the place is, potentially, dangerous.

  • Nutrino on 22/10/2022 - 13:03

    Wait… the roof collapsed of the building or the ceiling collapsed in your work mates unit?. Which is it?

    • Petronas on 22/10/2022 - 13:05

      Ceiling.

  • mapax on 22/10/2022 - 13:03
    +2

    Even as I type this someone walked in just now on a Saturday

    Are you at your colleagues apartment?

    • Petronas on 22/10/2022 - 13:04

      On the phone with her.

      • oscargamer on 22/10/2022 - 13:06
        +2

        Depending on the damage, might be classed as emergency works. She needs to read my link above and talk to the landlord about how she is feeling invaded

  • MS Paint on 22/10/2022 - 13:13

    Any pictures?

  • EightImmortals on 22/10/2022 - 13:25
    +11

    Negotiate free rent while the renos are going on and compensation for any damage to personal property/furniture?

  • jjjaar on 22/10/2022 - 13:42

    Are they even allowed to live there with that kind of problem? Has someone assessed the structural integrity of the remaining ceiling?

    • HelpMeiCantSee on 23/10/2022 - 10:04

      Ceiling is just plasterboard, doesn’t take much to break through it especially if someone is in the ceiling space

  • Settero on 22/10/2022 - 13:54

    So , damage is outside the apartment and they are fixing it?

    What is your goal , to get them to stop the renovation and or repairs ? That won't happen , you may be able to get them to comply with legislated work hours/construction times, but they normally include a few hours outside the 9-5

  • AustriaBargain on 22/10/2022 - 14:09
    +1

    Would this colleague spend an evening of his own time doing research to solve your problems?

    • [Deactivated] on 22/10/2022 - 14:12
      +1

      an evening

      Where are you? Even with daylight saving, it's day time now across Aus

      • AustriaBargain on 22/10/2022 - 14:18

        The time of day the time is spent isn't really important. Just wondering if it's appropriate to be doing this for someone who would never do it for you. Maybe the colleague has done hours worth of favours for OP already, then it would probably be appropriate. Also is it appropriate to ask a bunch of strangers online to help solve his colleagues problem.

        Just Socratic hypotheticals; I think we here don't care about the colleague at all and just like the challenge of the question to a problem that could face any of us.

        • [Deactivated] on 22/10/2022 - 15:03
          +3

          I'm assuming that OP's colleague is on her own which could be why she reached out for assistance. I can only imagine how overwhelming it would be to have the ceiling above your entrance collapse and have to contend with tradies coming in and out of your home for a week+. It would be natural to seek reassurance and guidance from someone you know & trust.

          If you have empathy then it's easy to place yourself in someone else's shoes and respond as you would hope someone would respond to you under those circumstances. Everyone needs a support network.

          • AustriaBargain on 22/10/2022 - 17:50
            +1

            @[Deactivated]:

            Everyone needs a support network.

            Specially single ladies, amirite.

            • [Deactivated] on 22/10/2022 - 17:55
              +1

              @AustriaBargain: Even single men who are

              Just wondering if it's appropriate to be doing this for someone who would never do it for you.

              • AustriaBargain on 22/10/2022 - 17:58
                +1

                @[Deactivated]: Well I suppose being gay and following my own logic, I probably would be more likely to do this for a single man than for a woman.

                • [Deactivated] on 22/10/2022 - 19:05
                  +2

                  @AustriaBargain: Unclear what someone's sexual orientation/gender has got anything to do with helping out anyone in need so ….. you do you.

                  • AustriaBargain on 22/10/2022 - 20:02
                    +2

                    @[Deactivated]: How old are you? Just wondering how long someone can be on this planet and not be aware of the trope of bending over backwards to help the opposite sex.

                    • [Deactivated] on 22/10/2022 - 20:14
                      +1

                      @AustriaBargain: How mature are you when you have to ask the 'trope' question?

            • thrifty mum on 24/10/2022 - 12:37

              @AustriaBargain: No, actually, I know a lot of men who are far less capable of handling anything, much less an unusual and what sounds like a very overwhelming situation such as this. I think the OP is just a good person for wanting to help in possibly the only way he knows how ATM. Knowledge is power, and asking in a forum such as this never hurt, apart from receiving condescending remarks from some individuals, trying to make him feel bad about it.

    • mapax on 22/10/2022 - 14:23

      OPs colleague is a her.

      • AustriaBargain on 22/10/2022 - 14:27
        +3

        Mystery solved.

        • thrifty mum on 24/10/2022 - 12:38
          +1

          Ew, some people can be nice without an ulterior motive you know!

  • mshanann on 22/10/2022 - 14:30

    If you suffered thousands of dollars in damage, you could ask the REA to engage the owner's insurance to rectify your losses (or come up with an arrangement - such as a rental discount).

    If it is merely a matter of inconvenience and no material loss, then just suck it up. #### happens - it wasn't done intentionally. In certain parts of the country, you cannot even get a rental.

  • Meho2026 on 22/10/2022 - 14:32
    +5

    Tell the tenant to email and ask the real estate agent for the landlords insurance details in order to submit a claim for the damage to their belongings.

    In that same communication ask the real estate agent to inform the landlord of the requirements relating to a landlord or their agent entering a tenanted property. Add that they have no privacy and are not being given any notice of tradespeople entering the apartment.

    Make it clear that the property is no longer secure and they are being prevented from enjoying the property with peace, comfort and privacy..

    Explain that because there is now only intermittent power it means there is not hot water or cooking facilities available at all times.

    Mention that the repairs are classed as urgent and state that they request the agent treat them as such and organise immediate repairs as the landlord has been unable to rectify the matter in a reasonable time frame.

    State the property is no longer fit to live in and they have an expectation not to have to pay rent for the period since the damage occurred until the repairs are completed.
    That they will require written confirmation of that.

    The state tenancy board can advise you on what to do to take the agent to the tenancy tribunal if they don’t cooperate. You don’t need a lawyer.

    • Extreme on 23/10/2022 - 07:55

      If the property is no longer fit to live in, the landlord is within their rights to terminate the rental agreement without notice.

      If the landlord was to terminate the rental agreement, they are not liable for alternative accommodation.

      I’d be very wary of using this line.

    • 82norm on 23/10/2022 - 11:10
      -1

      It’s landlord insurance, not tenant insurance. Secondly, don’t assume the landlord has insurance either.

  • tsunamisurfer on 22/10/2022 - 15:09
    +5

    What is the issue exactly?

    There was an incident. The owners have been informed, they are communicative and friendly, they are actively getting trades in to resolve.

    What are you expecting that is not happening?

  • Euphemistic on 22/10/2022 - 15:34

    So there was damage, and they are now fixing it and you want legal action? Yes, it’s inconvenient and disruptive, but they are rectifying the issue.

    Talk to the crew doing the repairs and set some boundaries on working hours or notice. You don’t have to be a pushover, but you do need them to fix he problem.

  • screensaver on 22/10/2022 - 15:53

    does she have contents insurance, may pay for accommodation elsewhere

  • AndyC1 on 22/10/2022 - 16:04

    How did a lot of furniture get damaged "when the "ceiling above the entrance door collapsed"? Entrance areas need the door to open and as such there is not any furniture where the door opens and normally around a door area you have very little furniture if any at all.

  • Drakesy on 22/10/2022 - 17:22

    I'd think for a situation like this insurance would have to cover the tenants losses and the tenant can move to a hotel/airbnb until the place is habitable?
    Or at least the tenant should get free rent.

    • 82norm on 23/10/2022 - 11:09

      Assuming the landlord has insurance.

  • justgooddeals on 22/10/2022 - 20:26
    +1

    The fact that large part of the ceiling above an entrance way has collapsed would be incredibly distressing and inconvient. If the house/unit is old the debris of 50-80 years in some older or even newer Sydney , Melbourne Hobart etc . terraces or units can turn the rest of the house into dust bowl. Like three or 4 large vacuum cleaners bags/bins having been randomly and violently throw about the place with dust getting into everything and everywhere.

    Also having large chunks of plaster and wood blocking entry or exit of the main entrance is major safety hazard. What if their is fire in the property? What is the tenant supposed to do to egress the property quickly and safely if the front door is blocked by chunks of wood or plaster.

    If in NSW contact tenants Union immediately. They will be able give proper free advice.

    https://www.tenants.org.au/

  • Ghost47 on 23/10/2022 - 01:23

    How did I know this was going to be in Sydney.

    Not sure what my next steps would be. Maybe talk to a lawyer and take them to court.

  • 2esc on 23/10/2022 - 10:03

    How do you get the ceiling fixed without trade people coming in?

    Does she want it fixed?

    Yes they should give her notice maybe advise her to ask the landlord to get the tradies to give her a heads up.

    For people to be coming in on a Saturday ( higher rates of pay ) the landlord must be pushing the trades to finish the repairs as a matter of urgency to get the tenants situation resolved quickly.

  • 82norm on 23/10/2022 - 11:08

    Just be mindful of any complaints. Before she knows it, they’ll advise it’s too dangerous to live there and she’ll be on the streets with know where to go. I’d think that’d be worse than putting up with some short term inconvenience. After the dust is settled negotiate for a few weeks free rent due to the disruption. If no avail goto to tribunal and lodge a complaint. Ensure all timelines, conversations are documented. Forget lawyer, that’s a dumb idea (no offence).

  • brad1-8tsi on 23/10/2022 - 12:15
    +1

    What outcome does the tenant want?

    It's that simple. Make outcome clear then negotiate a mutually agreeable solution.

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