Tenant and income issues when fixing a leaky renter

Jenny asks:
(updated on Friday, December 03rd 2010)

I have a rental property which I have been told is a leaky home. I am inside time for making a claim but I am worried about the loss of income during the repair period as the experts have told me that they will need to open up the walls. Can I claim for the loss of income or is there another way which means the tenants can remain living there?

Our Experts Answer:

Yes you can claim for losses incurred provided your claim is ‘in time’. Generally time is defined as 10 years from the build date but you must have started your claim before the 10 years is up. You can start your claim by applying to WHRS or begin Court proceedings. I am worried by your comment you have been told your home is leaky.

Your claim will only proceed if it has been deemed eligible and therefore it must be leaking and damage must have occurred and you must have stopped the clock within time. Evidence is required to support any claim, not hearsay. Not all leaky homes require occupants to leave. Whether or not tenants will be asked to vacate depends on the extent of damage, the agreed scope of works and the disruption likely to be caused to have it fixed.

There is no real prescribed methods to fix a leaky home so don’t get hung up with those who say otherwise unless they have the facts to prove it. For example some homes have little damage and repairs are minimal, others not. Therefore it’s important to get an extensive factual investigation done first to keep costs appropriate. This should be carried out using a method which collects all the required data (moisture contents and timber samples from all risk areas around the house) without causing damage to your property.

Damage caused during the investigation process just adds to the cost and disruption of repair if it turns out the property is lightly damaged.

Ian has 25 years experience in the building industry and is the pioneer of home monitoring. Ian specialises in assessing building performance and condition as the head of the Step Up Group of companies, a multi disciplinary group encompassing all aspects of building investigation, preparing maintenance and repair plans, assisting in purchasing and selling of homes, warranty claims and matters to do with Building Act compliance

 

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