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What happens if a tenant does not make me aware of a defect?

Posted 20 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.

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This is an extract from our Bannermans Building Defects Handbook.

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Bannermans Lawyers

Published 20 May 2024