What happens if a tenant does not make me aware of a defect?
Posted 18 May 2024
Category: Building Defects, eBooks
If your tenant does not make you aware of defects in your apartment, and the statutory warranty periods have expired, you cannot seek the rectification of those defects from the builder and/or developer under the HBA. This cost will likely be borne by you if it is a lot property defect or borne by the Owners Corporation if it is a common property defect.
Dependent on the terms of the tenancy agreement, a tenant usually has an obligation to notify the landlord of damage to the premises as soon as possible and if not notified and the damage was known to the tenant, the tenant may be liable for any amount of the damage that was caused because of the failure to notify.
However, owners should undertake their own due diligence and inspect their property to identify any potential building defects prior to the expiry of the statutory warranty periods.
Building Defects Advice
Strata committees & lot owners
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.
This is an extract from our Bannermans Building Defects Guide – Part 1.
To access more FAQ'S on Building Defects fill in the below form to download our Bannermans Building Defects Guide – Part 1 for free.
