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I recently purchased a property, anyway on the first day my…

Hi, I recently purchased...

Hi, I recently purchased a property, anyway on the first day my tenants moved in the toilet overflowed.

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

VIC

Lawyer's Assistant: What steps have you taken so far?

We got it cleaned up and that was covered by the insurance. However, my carpet was ruined.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The insurance company said the cause was tree roots in the communal piping.

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Answered in 10 minutes by:
3/16/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,953
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Good afternoon I am Leon a solicitor from Sydney and I will be looking after your question
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Who owns the tree?
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Customer reply replied 5 months ago
It's from next door.
Customer reply replied 5 months ago
Attached the insurance stating the cause...
Customer reply replied 5 months ago
My problem is, my carpet is ruined and am I in my right to ask the body corporate to replace it as the problem was caused by roots in the communal pipping as stated in the insurance document?
Customer reply replied 5 months ago
Hello?
Good afternoon
If the flooding was caused because of the body corporate then they have to repair al damage. I cannot see the policy at the moment. The insurance you claimed on was it your own landlord insurance or the strata insurance?
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Customer reply replied 5 months ago
The strata insurance.
Hi Isaac
Please note Claim No: CRV17001195
In relation to the invoice provided for this water damage claim, we have deducted $200 for the carpet and contents item which do not form part of the building under our Residential Strata Policy Wording and therefore excluded from cover.
Payment of $340.50 being the invoiced amount of $840.50 less $200 deduction less $300 excess has been processed and will be deposited within 48 hours.
Daniel Baric
Administration Assistant | Strata Community Insurance
Good afternoons the fault is not the strata but the neighbour
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Customer reply replied 5 months ago
I see your point. I wasn't expecting that. So I serve them with a bill? How does one play this out?
Customer reply replied 5 months ago
How could I prove it was the neighbours tree?

Good Afternoon,

you mentioned that the tree belongs to the neighbour. I assume a plumber has investigated and found that the tree roots were the cause of the blockage. A report from the plumber to support this is the only evidence you require.

You can then send a letter of demand to the neighbour to be compensated for the damage to the carpets and any other property of yours that was damaged.

If they refuse to pay then you have a right to commence proceedings against them in the court for compensation.

Following link is detailed on the procedure for recovering your money in court.

https://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-vic/

But it is the neighbour who owns the tree that is responsible.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 5 months ago
I understand the current position here Leon. Is it my fault that the down pipes that lead to the common piping were not cleaned on my unit, or is it the body corporates fault that they were not cleaned which caused the problem?

Good Afternoon,

No it is not your fault. But the Strata Insurance will not pay for something that is not the stratas fault.

If you can show the body corporate was aware of the issue and failed to maintain you can sue them for it and claim against the Strata Insurance.

You should lodge the complaint with the Strata managers and set out abut the failure to maintain and have them go back to the insurer and advise that it is their responsibility to sue the neighbour for the nuisance caused by their tree.

But in the end the neighbour has to pay.

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Customer reply replied 5 months ago
Ok so I just need the plumbers photos of the root filled downpipes that lead to the communal pipes to prove the body corporate is at fault for not maintaining the pipes and thus is liable?

Good Afternoon

Yes that is correct and a report ot say where the roots come from.

You then allege the Body Corporate has failed to maintain.

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Customer reply replied 5 months ago
Thanks Leon,
The stress this week is leaving me now as I type these words! If I have further questions next week, will I be connected with you?

Good Afternoon

You can contact me at any time.

Even after you have rated my work

Please do not forget to rate my work 5 stars so I can be paid and continue to provide my services.

Feel free to come back and ask more questions.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,953
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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