Tenant Entitled to Repairs of Common Property
⚖️ Legal holding
A tenant is entitled to repairs to common property under the Strata Schemes Management Act 2015 (NSW).
📚 Full judgment
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📄 Read the full judgment⚖️ View on the official court website ↗
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant is entitled to repairs to common property under the Strata Schemes Management Act 2015 (NSW).
- The quoted repair scope from the contractor is detailed enough for the court to issue a work order.
- The bathroom bulkhead is classified as common property, requiring maintenance by the strata corporation.
❌ Tends to be rejected
- The written agreement dated 10 October 2019 cannot be used to avoid responsibility for repairing the bathroom bulkhead.
- The strata corporation cannot contract out of its obligations under the Strata Schemes Management Act 2015 (NSW).
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
Which laws or rules were applied?
The Strata Schemes Management Act 2015 (NSW) s 106, s 178, and s 270 were applied.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may be entitled to repairs to common property under the Strata Schemes Management Act 2015 (NSW).
What evidence or documents mattered?
The evidence and documents that mattered included the affidavit of the claimant, the minutes of the AGM, and the statutory declarations of the respondents.