Renters may be eligible for WestConnex compo

Renters may be eligible for WestConnex compo

BY CHRISTOPHER HARRIS

A man whose unit building is scheduled for demolition to make way for the controversial WestConnex toll road has been denied compensation, despite others in the area receiving it.

St Peters resident Andrew Potts sought legal advice after he was told he would have to move out of the home he had rented for the past ten years, due to the construction of the toll road.

Mr Potts told City Hub he was initially surprised to learn that tenants as well as property owners could receive compensation from the government.

But after an investigation by his solicitor, he discovered he was not eligible as a tenant, because the building he rented was owned by the NSW Government.

It was bought a decade ago by the then Roads and Traffic Authority, for reasons still unclear to Mr Potts.

Under the legislation, because the property was not purchased from a private person or company, but rather retained by the government, it made Mr Potts ineligible for the compensation others in his situation had received.

He said it was difficult to establish his legal position because it took some time to obtain a lease agreement from the company that managed his building.

The RMS said that compensation was denied because the agency had complied with the Residential Tenancies Act, and had given Mr Potts the required notice.

Mr Potts, who plans to run for a senate seat for the Housing Affordability Party in this year’s federal election, said people should be aware of their rights.

“A lot of people are unaware that they could claim compensation. It could be renters. It could be people who rent small businesses who could be eligible for compensation.”

Mr Potts said residents in WestConnex-affected suburbs had been “bombarded” with pamphlets offering legal advice.

Under the WestConnex framework, legal fees for dislocated residents are paid by the government.

“Lawyers approached me. You get bombarded from lawyers who approach you, basically ambulance chasing,” he said.

Solicitor Director at Foulsham & Geddes law firm, Jacob Carswell- Doherty said there is potential for a tenant to receive money to compensate them for relocation and associated expenses.

“Provided a lease had a way to go before it expired, there would be a case to say that the residential tenant should be compensated,” he said.

“Commercial lease tenants are also entitled to compensation, which would be more than just a simple residential lease”

“In all cases, the amount of compensation (if any) is determined with reference to the particular facts of the matter and the wording of the lease itself.”

You May Also Like

Comments are closed.