Tenancy Issue - Storage.

[AndrewT]

Around 2 months ago, my partner and I moved into the city to get closer to work. We are in a new (<1year) unit that has an underground carpark and storage. Everything has been going smoothly except for an outstanding issue with out underground storage area. After we signed the tenancy forms, we were then informed that there was water leaking into the storage area - we were told that it will be fixed asap so we can gain access. Which was fine, in the meantime I had to store my work tools and equipment at other premises.

Now during the last two months, we have been in contact with the PM several times about the issue in which she told us that it is OUR responsibility to take it up with the building manager!! We thought this was wrong, but proceeded anyway because travelling 40km each way on a weekend for tools is extremely frustrating. Along with the fact that we are storing furniture elsewhere in the meantime!

Now to get in contact with the BM about the issue, there is basically on online 'Portal' service - much like a online forum. We got onto the forum and created the issue that needed attention, we were promised that things are underway to get it fixed.

After a few weeks the BM responded that the issue has been attended to but the water is still seeping from elsewhere. That was the last we heard from the BM, we then recieved an email from the PM the same day "the pipe has been fixed and now you can get access for this port, use your own lock to secure it". Problem is, the issue is NOT fixed (as per BM statement). We also pointed out that during the time that the storage area was left open for repairs, rubbish (car parts) had been put into the area - which we are also not taking responsibility for the removal of such things. These were not removed and the area was not cleaned up what-so-ever. These comments were made about 1 month ago.

Now after 2 months, I am getting extremely frustrated with the situation. We did ask for a $10pw rent reduction for the fact we are not getting our storage area as per rental agreement. To this email, we received NO reply at all.

We are now seeking advice of where to go from here, we are so frustrated with this situation that we basically want to move to rent elsewhere. If we store anything in that storage area it will get wrecked! So just looking for peoples advice in this situation? It's only 2 months into a 12 month contract - but I depend on having a safe and secure storage area for equipment which looks like that won't be the case for some time to come.

I was told by Fair Trading that I can submit a early termination notice, giving the PM 2 weeks notice because of the above issues in which they will either accept or take us to the tribunal. I don't want to be 'black listed' because of the incompetence of others, but I'm not going to stay here and pay nearly $600pw rent for no reason!!!

Sorry about the long, drawn out post but if anyone can shed some advice that would be great.

Thankyou.

Edit: We have also found out that the problem has been occuring since November last year, with the previous tenant.

 

[wylie]

I was told by Fair Trading that I can submit a early termination notice, giving the PM 2 weeks notice because of the above issues in which they will either accept or take us to the tribunal. I don't want to be 'black listed' because of the incompetence of others

I would go with the advice from Fair Trading. I'm guessing that you couldn't be "blacklisted" in any way if you follow this advice.

 

[Scott No Mates]

If it goes back to being a claim under home warranty insurance you will be waiting for years. Storage areas are not required to be dry as they are not habitable rooms under the building code of Australia.

Look for alternate accommodation then give your notice that way you have not hit the record for agency black lists. Alternatively ask for a back dated rent reduction until the storage has been fixed & find other storge but check your alternatives anyway.

 

[AndrewT]

I understand that it can be a wet area in the storage bay, but the leak is on the ceiling and dripping onto an area where I want to store things. Office of Fair Trading gave me a number to call for tenancy advice, I will try and get onto them this afternoon then I will make a decision on what to do!

Thanks for the replies.

 

[RachelBurke]

Hi Andrew, I think you are within your rights to seek compensation or a back dated rental reduction. I work in PM in Melbourne and had a very similar situation with a storage area that was constantly flooded and therefore unusable. Even though it's not the landlord's fault and out of their control, you are still paying rent for a facility that is unusable. I feel that $10 per week is very reasonable considering your rent.

Put it in writing to the manager of the rental department that you are requesting this reduction to be implemented and back dated to when the issue first occurred, otherwise you will be seeking other accommodation. This can hurt your relationship with the agency and therefore your rental references going forward. I suggest asking them for a letter of reference FIRST confirming you look after the property and pay rent on time, and THEN request the reduction in writing.

Good luck!