Welcome to Yahoo’s weekly column where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, money matters, relationships or work.
Question
I own a small unit in Sydney, and I joined the strata committee after realising the building was being badly managed. One of the biggest issues is occupier owners vs landlords. The landlords and tenants are demanding and expect everything done for them, while the owner occupiers suffer. A recent example is one of the tenanted units being vacated after 10+ years and damage being found by the new tenant — broken door handles, broken locks, rusted windows that didn’t look like they’d been opened for years, leaking windows, a broken intercom, the list goes on. Now the landlord wants it all repaired by strata to the tune of $40,000 or more. Is tenant neglect up to the strata committee to fix? Do the landlords and/or tenants have a duty to report these things before the costs rack up?
Answer
In a strata scheme, the building is divided into lots (individual units) and common property (shared areas like external walls, windows, stairwells, and gardens).
The owners’ corporation (formerly called the body corporate) is responsible for maintaining and repairing common property.
Individual lot owners are responsible for their own unit’s interiors.
Each State and Territory have their own laws that cover strata schemes, and set out the duties of the owners’ corporation, including repair and maintenance of common property.
However, it doesn’t mean the owners’ corporation is responsible for everything that breaks — especially if the damage is due to neglect or misuse by a tenant.
If the damage is to common property (for example, leaking external windows or intercom systems), the owners’ corporation may be responsible for repairs.
It sounds like the broken door handles and locks are inside the private lot, this would mean the landlord would have to pay for the repairs.
The rusted windows, if on common property, may be a bit more complicated. Have any other lots had similar issues?
If not, and the damage is due to tenant neglect — such as not opening or cleaning windows in years – the owners’ corporation can argue that the landlord should pay.
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Alison and Jillian Barrett are Principal Lawyers at Australia’s leading plaintiff law firm, Maurice Blackburn.
Landlords have a duty to maintain their rental properties and ensure tenants report issues promptly.
Tenants, in turn, are expected to take reasonable care of the property and notify the landlord of any problems.
If neither party does this, and the damage worsens over time, it’s not fair for the owners’ corporation to bear the cost.
In your case, the fact that the unit was tenanted for over a decade without reported issues raises questions.
If the damage could have been prevented with regular maintenance or earlier reporting, the owners’ corporation may be able to refuse to pay or seek reimbursement from the landlord.
The strata committee may elect to engage a builder to provide a report that sets out whether the damage is due to neglect (which would be the owner’s responsibility), or age/normal wear and tear (which may be the strata committee’s responsibility if it is common property).
The owner may even have “landlord’s insurance” which may cover some of these repairs if they are due to tenant neglect.
As you’re on the strata committee, here are some practical tips for the future.
Document everything
Take photos, keep records of complaints, and log maintenance requests.
Review your strata plan
This will clarify what is common property and what is not.
Communicate with landlords
Encourage them to inspect their units regularly and educate tenants on reporting issues.
Seek legal advice
If the landlord disputes responsibility, a strata lawyer can help clarify obligations.
Consider a by-law
Some buildings introduce by-laws requiring landlords to maintain their lots to a minimum standard.
This information is general in nature and should not be regarded as specific legal advice. For legal advice on a specific situation, consult a qualified solicitor.
The contents of this column reflect or are inspired by real-life experiences. Some details may be adapted.
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