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NSW Property Law - Responsibility to the NBN Box?

Discussion in 'Property Law Forum' started by kizez, 23 August 2016.

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  1. kizez

    kizez Member

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    Hi,

    I'm currently renting in Sydney & would like to confirm as to who is responsible in looking after the NBN box between the owner & the tenant if this box is already installed in the premises prior to the tenant moving.

    For example, if the light is flashing on the NBN box stating it needs a new battery replacement.

    My agent says it's the tenant while the building manager states it is the owner.

    I initially thought that the NBN box is like the air condition installed in the apartment:
    • The maintenance of the air condition is the owner's responsibility but the electricity connection is the tenant's responsibility.
    • So the maintenance of the NBN box is the owner's responsibility but the telecommunications service is the tenant's responsibility.
    This is the clause that my agent kept referring me to in relation to my NBN box issue:
    • The tenant must satisfy itself as to the provisions of any electronic communication services to the premises (internet, television - analogue, digital or cable). The landlord gives no warranty in respect to the provisions or adequacy of such services to the premises.
    My understanding of the clause is more about the telecommunications service. However, my issue is more about the NBN box itself as the service that goes through the box is fine.

    The building manager also advised that all the apartments in the building have the NBN box installed that is why the owner is responsible for it.

    I'm just a bit confused & would very much appreciate some property law help in getting some clarification about this matter.

    Thank you.
     
  2. Sophea

    Sophea Well-Known Member

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    It really depends on the nature of your agreement with the Landlord. You would need to find something in your lease agreement that entitles you to rely on the landlord to take care of the NBN box in your agreement with them. The building manager has nothing to do with your agreement with the landlord, so frankly whatever he says cannot be used as legal argument of your rights.

    But is the price of a battery really worth the bother?
     
  3. kizez

    kizez Member

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    Hi Sophea,

    Thanks for your response.

    I'm just wondering in general if something happens to the NBN box itself as to who would be responsible for it.

    My understanding when it comes to chattel/fixtures is anything on the apartment prior to the tenant moving & owned by the landlord (e.g stove, dryer, airconditioner etc) would be the responsibility of the owner.

    So I thought that because the NBN box is owned by the landlord & already part of the apartment along with the other fixtures that it would be owner's responsibility as well.

    Is this not the case?

    Or does the NBN box fall into a different category altogether?
     
  4. Rod

    Rod Well-Known Member

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    This is still a developing area. The equipment will have been supplied by the NBN reseller to either the previous tenant or the landlord.

    If it is the landlord who obtained the equipment he may be responsible. Need to look at your tenancy agreement. It may be the landlord's equipment but not part of your tenancy agreement, in which case it is arguable as to who should pay.

    If it was a previous tenant that arranged the installation and equipment, then the landlord can say not mine and nothing to do with me.

    If the landlord denies it is his equipment, replace battery yourself and take it with you when you leave.
     
  5. Sophea

    Sophea Well-Known Member

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    I agree, if it's not specifically provided for in the lease, and no clause in the lease covers it, it is up for argument.
     

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