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Foreign Resident Capital Gains Withholding Tax
January 17, 2025
Foreign Resident Capital Gains Withholding Tax
January 17, 2025

 

Responding to tenant’s complaints within a strata scheme

 

2024 in Review

Here at ACOP, we are constantly being asked by agents, and particularly property managers, about dealing with tenant’s complaints when they are renting in a strata scheme. In particular, this raises immediate concerns when the complaint relates to the liveability (or habitability) of the premises. In these situations, agents need to follow a systematic approach to address the concerns effectively. Here are some simple steps that agents could follow:

1. Assess the Complaint

    • Gather Details: Obtain specific information from the tenant regarding the nature of the complaint, including details about the issue and its location within the premises.
    • Visit the Premises: For issues such as water damage or mould growth, conduct an inspection of the property to visually assess the reported issue firsthand. Take photographs or videos as necessary to document the problem.

2. Determine Responsibility

    • Identify Defects in Common Property: If the complaint involves defects in the common property (e.g. roof leaks, water leaking from shower to a common wall, plumbing issues affecting multiple units), these are issues are the Owners Corporations responsibility to repair.

3. Notify the Strata Manager or Self-Managing Owners Corporation

    • Formal Notification: Write a formal communication detailing the tenant’s complaint, findings from the inspection, and any conclusions regarding the involvement of common property defects.
    • Request Action: Clearly state the actions required from the Owners Corporation to rectify the issue, such as repairs to common property affecting the tenant’s lot or granting access for necessary repairs.
    • Tradespeople: If repairs to common property are required, the strata manager or self-managing Owners Corporation should engage qualified tradespeople to assess and undertake the necessary repairs promptly.

4. Communicate with the Tenant

    • Provide Updates: Keep the tenant informed throughout the process, including confirmation of when repairs will commence, progress updates, and completion of works.
    • Temporary Measures: If immediate action is necessary to ensure habitability (e.g. temporary repairs), communicate these measures to the tenant and outline the expected timeline for permanent resolution by the Owners Corporation.

5. Follow Up and Document

    • Final Inspection: Conduct a final inspection of the tenant’s lot after repairs to ensure the issue has been adequately addressed and habitability standards have been restored.
    • Document Actions: Maintain detailed records of all communications, inspections, repairs undertaken by the Owners Corporation for future reference.

By following these steps, an agent can effectively assist with managing and resolving complaints about habitability issues in strata schemes. Effective communication and collaboration with the Strata Manager or self-managing Owners Corporation are key to achieving timely and satisfactory outcomes for tenants.

As with the majority of issues in the property industry, communication and knowledge are the keys to finding solutions, so make sure you form a positive relationship with the strata managers of any buildings where you manage individual lots.

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