Hi! My name is***** a solicitor in Australia, and I’m happy to help you.
If the landlord is not willing to repair the window and you made reasonable attempts for the landlord to repair the window, you can first raise a claim with fair trading. If they're trading doesn't resolve the matter you can't commence proceedings in the New South Wales civil administrative tribunal.
For an urgent repair you can inform the managing agent that you're going to have it fixed and then claim those costs of landlord.
The New South Wales Civil Administrative Tribunal “NCAT” is perfect for meditating disputes. It brings the parties together to discuss the issues.
I invite you to start with Fair Trading first. In most cases, at mediation, the matter will settle.
If you need to go to the tribunal, NCAT, the document you file in the tribunal is the points of claim
There are help menus on the NCAT website that will assist you with the application.
After lodging your application, you will receive an email from the tribunal. That email will explain the next steps.
Does this help with your question today?
Customer
Hi John Mellis, to give you more in depth background regarding this situation. The agent knows that the window is broken. And this was an accident as I was packing my things to move out. Unfortunately I broke the window, and it has a long crack from top to bottom. I think it is reasonably safe as the glass crack can't be felt from inside and I had a glass expert tell me that this won't fall, and it is impossible to fall. Regardless I am the one that accidentally broken the window.
Customer
I contacted window repairs and the agent has agreed for me to repair it.
If the agent has agreed for you to repair it, then you have a good position to move forward under.
Customer
The window experts told me that this would cost 1100 dollars. And so I made a deal. However, two window experts has tried to remove the frame but couldn't remove the frame at all.
If the window cannot be repaired on a reasonable basis, you should get your managing agent involved to help deal with this particular issue as well.
Customer
Saying that it has to be removed from the front of the building. So there should be a Gondola with a hook, taking the frame out.
Customer
it can cost 5000 to 10000 dollars.
Customer
Which I deem quite insane, considering that I broke a window accidentally on a normal day.
Customer
The window expert also told me that this is the developer's stupidity.
Then there would be apart clean that's brought against a developer.
Customer
I agree with that. But I am concerned that I might have to pay thousands of dollars just for a small mistake from me.
Customer
What is "apart clean"
Customer
Pardon me for asking definitions
You would have part of a claim brought against the developer for the defective building.
Customer
I live on the 12th floor of the apartment
You'll need to bring the managing agent involved in this issue.
Customer
are there any actionable things I should do specific to that
What I suggest you do is coordinate the relevant parties in having a meeting to discuss this particular issue.
Customer
Regardless, what are the chances that I end up paying full price John?
Customer
for example thousands of dollars more
Your particular issue will come down to hell will you negotiate between the parties. You can minimise the expense by ringing all parties involved and agreeing jointly on a reasonable rectification of the matter.
Customer
Thanks for the advice John,
Customer
Oh, and I have another question
Customer
What about landlord's insurance
Customer
Does it cover broken windows.
Customer
If that is so, can the landlord get it fixed as a cheaper price, and I just have to pay that cheaper price.
Customer
Is it possible to know if the landlord has the insurance.
It's possible through the building management they may be able to get it more cost-effectively handled.
Customer
another possibility is that, the agent can just disregard this and not repair the damage. So, the agent would just get my $1500 bonds.
Customer
Without having to repair the cracked window.
Your situation just comes down to negotiating with the parties. If you negotiate well, you'll be able to resolve this issue.
Customer
or is it the landlords obligation to fix all windows clean of any scratch and cracks
The New South Wales Civil Administrative Tribunal “NCAT” is perfect for meditating disputes. It brings the parties together to discuss the issues.I invite you to start with Fair Trading first. In most cases, at mediation, the matter will settle.If you need to go to the tribunal, NCAT, the document you file in the tribunal is the points of claimThere are help menus on the NCAT website that will assist you with the application.After lodging your application, you will receive an email from the tribunal. That email will explain the next steps.
Customer
Ok, that explains it
Customer
Thank you very much John Melis
It was my pleasure to help you today, and I thank you for chatting with me.