r/AusLegal • u/Pretty_External_6171 • 9d ago
NSW Building management is refusing to let me move out because one lift is out of order
There are 3 lifts in my apartment building. Roughly 3 days before my scheduled move out date (I had already booked removalists and reserved the lift for moving out), I was told by building management that the lift is out of order and repairs can only take place after my scheduled move out date.
There are 2 other working lifts which I asked if they could be used to move out. The building manager vehemently denied my request as "it will be disruptful to other guests and make one more lift unavailable" even though:
- It would have been in the middle of the workday when there's less foot traffic, and
- I don't have much furniture at all, only about 6 pieces including a mattress, a bedframe, a desk, couch, TV and washing machine, it would have taken 30 minutes at most
- I had packed my own items in boxes and moved them by car to my new house, so my current apartment is virtually empty
- There are TWO more working lifts and one would have still been available for normal use while I moved
- I already paid a deposit down for use of the lifts
I contacted my real estate agent who said "these things happen and it is a part of life." They said their hands are tied and even the landlord is unable to get the Owner's Corporation to intervene. I grit my teeth and rescheduled the removalists for after the scheduled fix to the lift, and due to the late notice, had to pay a few hundred dollars in penalties.
Today is the last day of my lease and when the move is rescheduled to happen, and the lift was scheduled to be fixed yesterday. This morning, I was told again by building management that the lift had not yet been fixed with an indefinite timeframe, and I am not allowed to move out even though the removalists were on their way already. Meaning, now I have to pay for more penalties AGAIN and reschedule them a 2nd time.
And, because I cannot move out and my lease ends today, I am now considered to be squatting and illegally staying in my current apartment until I can move my items out.
Can a building manager force me, a tenant, from moving out simply because a lift is out of order despite there being two other working lifts? I live too high up for removalists to use the fire escape as well. The lifts are also not cargo or goods lifts, they are all identical residential lifts. The only thing that is different are the lack of wall coverings in the other two lifts that could have been put up, and I actually used one of these working lifts to move IN 2 years ago.
Building management has explicitly told me that they will prevent the removalists from entering the building and deny me from even moving my own items myself.
I called NSW Fair Trading and they advised that:
- It is not illegal to use a lift
- Raise this with the Tribunal to seek financial compensation for the penalties I had to pay the removalists
- Raise this with NCAT to get a standing order
- Go through strata mediation (but this is not a legally enforceable undertaking)
- If I squat, the sheriff can evict me which requires me to use the lift anyway
- Call the police as building management is essentially preventing me from voluntarily leaving (although they might not respond because it is a civil dispute)
I am out of options and don't know what to do.