Question: The tenant upstairs waters her plants and the run off fills my balcony, damaging my items. The landlord has been contacted but the behaviour has not changes. What should the body corporate do about this?
I have a tenant above me who keeps watering her plants on her balcony until the water flows down to my balcony. The water can be filthy and contains fertilisers. It affects my belongings on my balcony and I’m concerned about water entering my light fitting.
What can the body corporate do about this? The landlord has been contacted repeatedly to ask his tenant not to do this and to cease the behaviour, but nothing changes. I have sent videos of the water coming down as well.
Answer: It is not up to the landlord to regulate this activity, its is up to the body corporate.
It is not up to the landlord to regulate this activity, its is up to the body corporate. A body corporate has a direct relationship with a tenant (known as an ‘occupier’ under body corporate legislation) and part of that relationship means enforcing by-laws directly against the tenant. While it would be good for the landlord to be engaged in this, it’s not compulsory and if it is causing a problem as you say it is, then it is up to the body corporate to take action. You can request they do so or you can take the action directly against the tenant (the former is the usual approach).
This may well be a by-law enforcement issue but it might also come under the terms of s167 of the Body Corporate and Community Management Act 1997, namely, a nuisance or hazard. Again, you can pursue this yourself or you can request the body corporate do so (and again, with or without the involvement of the landlord).
One thing you don’t say in your query is whether the tenant has been directly approach about the issue. If that hasn’t happened, I would suggest doing so (if it is safe and appropriate to do so of course).
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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