Recommending lawyers / tribunal in Sydney_handle dispute between owner and DHA

[happylearner]

We purchased a duplex from gov?s Defence Housing Australia (DHA) and have leased it back to DHA since 2003. DHA supposed to manage and maintain & repair the duplex according to the lease agreement we signed.

However, DHA neglected to maintain and repair the brick paver driveway and caused the premature failure of the driveway which will cost $18K to $20k to relay. And DHA wants to force us to pay.

We have spent a lot of time to do research and write to them, but DHA is still trying to get us to pay which is unreasonable. We really regret that we purchased the duplex from DHA.

Could anyone recommend a few reputable lawyers / tribunal system in Sydney please? It would be good if the lawyer(s) has handled cases for owners like us before and charge reasonable prices.

Many thanks!

 

[Terry_w]

I am a Sydney based lawyer, although I don't like to practice in this area I know many lawyers that do. If you send me an email I can give you a few options.

 

[SeafordSunshine]

Dear Happy Learner

I am not a lawyer, but just to get your paper work on the way ,
1. Photocopy all your documentation,
2. Underline or use a marker where it says on your agreement about 'maintain and repair' bit.

3.Check that your agreement you signed is correctly and legally signed in the right places, and witnessed where it supposed to be.

4.Do you have photos of the drive way? before and after is probably best.
5.In point form, write a timeline of events, noting other upkeep completed by DHS which would demonstrate their maintaining things.

6.Get quotations to relay the driveway of whatever is required to 'make good' so you know how much to ask for in damages.
6a.Also another big one to ask for at the tribunal " which may or may not work, is 'plus costs'
7. Make a note of how much time it takes you to carry out all these tasks.
8. as you have had a 'good read' of your documentation is there a DHS dispute resolution person you can write to?
I have a suspicion Fair Trading NSW only goes to $10,000 so you may need to go higher up the court system.

Its pretty hard trying to 'manage from a distance'
Do not regret your purchase, as you have been achieving decent capital gain for the last ten years
I do hope this helps

 

[DaveM]

My property lawyer is in Chatswood and really knows his stuff. Happy to give a referral.

 

[handyandy]

Have to throw in the obvious.

How much is any legal action going to cost you in comparison to $20k (which no doubt is an expensive quote)

Get some other quotes on rectifying problem and also alternate solutions.

Cheers

 

[geoffw]

Have to throw in the obvious.

How much is any legal action going to cost you in comparison to $20k (which no doubt is an expensive quote)

Get some other quotes on rectifying problem and also alternate solutions.

Cheers

Agree.

You're taking on an opponent with extensive experience in disputes with owners, damn good lawyers (the leases are apparently water tight) and probably bottomless pockets as they don't want to start a precedent losing to one disgruntled home owner.

 

[happylearner]

Thanks Terry!

I am a Sydney based lawyer, although I don't like to practice in this area I know many lawyers that do. If you send me an email I can give you a few options.

Dear Terry

Thank you very much! I've sent you an email and appreciate your help to recommend.

 

[happylearner]

Thank you Seafood Sunshine!

I am not a lawyer, but just to get your paper work on the way ,
1. Photocopy all your documentation,
2. Underline or use a marker where it says on your agreement about 'maintain and repair' bit.

3.Check that your agreement you signed is correctly and legally signed in the right places, and witnessed where it supposed to be.

4.Do you have photos of the drive way? before and after is probably best.
5.In point form, write a timeline of events, noting other upkeep completed by DHS which would demonstrate their maintaining things.

6.Get quotations to relay the driveway of whatever is required to 'make good' so you know how much to ask for in damages.
6a.Also another big one to ask for at the tribunal " which may or may not work, is 'plus costs'
7. Make a note of how much time it takes you to carry out all these tasks.
8. as you have had a 'good read' of your documentation is there a DHS dispute resolution person you can write to?
I have a suspicion Fair Trading NSW only goes to $10,000 so you may need to go higher up the court system.

Its pretty hard trying to 'manage from a distance'
Do not regret your purchase, as you have been achieving decent capital gain for the last ten years
I do hope this helps

Dear Seafood Sunshine

Thank you very much for taking the time listing all the useful steps! It helps a lot and thank you again.

 

[happylearner]

Thanks!

My property lawyer is in Chatswood and really knows his stuff. Happy to give a referral.

Dear Dave

That's great. Would you be able to post his business contact details / website please?

Many thanks!

 

[happylearner]

Thanks!

Have to throw in the obvious.

How much is any legal action going to cost you in comparison to $20k (which no doubt is an expensive quote)

Get some other quotes on rectifying problem and also alternate solutions.

Cheers

Dear Andy

Thanks very much for your useful views and suggestions!

 

[happylearner]

Thanks!

Agree.

You're taking on an opponent with extensive experience in disputes with owners, damn good lawyers (the leases are apparently water tight) and probably bottomless pockets as they don't want to start a precedent losing to one disgruntled home owner.

Dear Geoff

Thank you for your view and will consider all different views. Thanks!

 

[jrc]

Can you show that the damage is not fair wear and tear? Look at your lease first. If it is a building defect maybe you have rights against the builder.

 

[devank]

I never thought DHA actually fix any building defects! Please update us with your progress.

 

[geoffw]

I never thought DHA actually fix any building defects! Please update us with your progress.

They don't.

What the OP said is that "However, DHA neglected to maintain and repair the brick paver driveway and caused the premature failure of the driveway which will cost $18K to $20k to relay".

I suspect that it might come down to what is maintenance (their responsibility) and what is repair (owner's responsibility).

 

[happylearner]

Thanks!

Can you show that the damage is not fair wear and tear? Look at your lease first. If it is a building defect maybe you have rights against the builder.

Many thanks for viewing it from a fresh angle which i never thought of. Thanks!

 

[happylearner]

They don't.

What the OP said is that "However, DHA neglected to maintain and repair the brick paver driveway and caused the premature failure of the driveway which will cost $18K to $20k to relay".

I suspect that it might come down to what is maintenance (their responsibility) and what is repair (owner's responsibility).

No, they don't if it's building structural defect.

Geoff is right that it comes down to what is maintenance & repair. According to brick paver industry, if paver joints are not sealed with polymer etc., it requires regular maintenance such as sweeping joint sand etc. As for repairing, industry advises that the paver driveway should be repaired early to avoid costly failure.

DHA has never done the maintenance, and waited until massive joint gaps, massive broken bricks etc., then asked us to foot the bill.

In the DHA lease, no clauses exclude such maintenance and repair works.

Even it was owner's responsibility to maintain or repair, DHA should discover the works early, so it will cost less.

That's why we feel DHA is unfair and their staff neglected to do anything.

 

[MJD]

No, they don't if it's building structural defect.

Geoff is right that it comes down to what is maintenance & repair. According to brick paver industry, if paver joints are not sealed with polymer etc., it requires regular maintenance such as sweeping joint sand etc. As for repairing, industry advises that the paver driveway should be repaired early to avoid costly failure.

DHA has never done the maintenance, and waited until massive joint gaps, massive broken bricks etc., then asked us to foot the bill.

In the DHA lease, no clauses exclude such maintenance and repair works.

Even it was owner's responsibility to maintain or repair, DHA should discover the works early, so it will cost less.

That's why we feel DHA is unfair and their staff neglected to do anything.

Hi Happylearner
can you please give an update of this dispute?, I now have a similar issue with DHA and thinking should I take the dispute to a solicitor? thanks for your opinion
MJD