NSW: Q&A Duty to Maintain and Repair Common Property

Question: Who is responsible for a broken window in a strata unit?

Who is responsible for a broken window in a strata unit? Who should be invoiced – the tenant (occupying at the time the glass broke), the owners, or the Owners Corporation?

I have read the Fair Trading Common Property Memorandum but under 9 Windows for Owners Corporation Responsibilities it does not specify the glass.

Could you please advise what happens if a tenant breaks the window glass? Is it the responsibility of the landlord, tenant or the Owners Corporation?

Answer: Generally, if a tenant breaks the glass either the tenant is liable to replace it (if the tenant caused the breakage) or the Landlord’s insurance should cover it.

Generally, if a tenant breaks the glass either the tenant is liable to replace it (if the tenant caused the breakage) or the Landlord’s insurance should cover it. The residential tenancy lease would govern the exact position.

Although, in saying the above, glass is deemed to be common property if situated on a communal boundary and there are no by-laws to state otherwise. Therefore if there is no evidence to confirm the tenant caused the breakage, the owners corporation is responsible to repair the glass and may be able to claim it on the building insurance under accidental damage if the cause was of such nature.

For the full question and our detailed response, visit the original publication at Look Up Strata.

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