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My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.
How does it affect you ability to live there and your quit enjoyment? Is the balcony part of the unit you rent and is unusable?
I am not able to tell you if you will get a reduction of 30% or not.
In the end this is a matter for the Tribunal.
Here is a link that explains circumstances for rend reductions.
Also the expectations of the parties at the time of renting will also be taken into consideration.
It is not something set in stone and the Tribunal will have to decide what it a fair amount.
Expectations refers to what the parties expected when they entered the lease.
You can ask for what you want but the court will look at what is reasonable.
If you believe and can show that the premises is not habitat as a unit and you can only use 10% of the unit then you can ask for a reduction because you can only use 10%.
If you expected to use the balcony daily and you now cant you have to work out what loss you have suffered.
As I said it is not an easy matter to give you a figure.
You have to look at what loss you have suffered and you have to be able to quantify it. You say loss of security. What exactly do you mean and what has that cost you?
You need to do this for each complaint and give the court figures and how you came up with them.
I hope this makes it clearer.
Yes the area basis is the simplest way to work it out.
You can even get a estimate from a real estate agent about what it would rent for if there is no balcony.
The safety will be hard to prove because if it was only a balustrade that was there its removal doe not make that much of a difference. But if it was fully enclosed and is no open the safety may have a greater impact.
You qualify it all on the basis of what you spend to protect yourself. Asbestos has to be proven and if there is asbestos you may not be able to live there at all.
You list all the issues but if asbestos is one I would be seeking to cancel the lease and they pay costs of your moving. Not a reduction of rent.
I hope this makes sense and is of assistance. if there is nothing further My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.
If they have done the test and you go to the tribunal you can seek they order it be released. you would have to send a letter to them and ask for a copy of the report and if they refuse then you can use the letter as evidence of their refusal for the order