Renter living next to major development project blindsided by little known rule

A renter has been left blindsided after being denied compensation for a crane dangling over their house due to a little known rule.

The tenant, who lives next to a significant development project, said they were taken aback when their real estate agent accepted an 'easement/air space' request.

"I was told that the developer and the owner had reached an agreement and the owner would be compensated by the developer for the use of the airspace over the property I rent," they explained in a post to a tenants rights Facebook group.

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"It seems slightly outrageous that the owner is being compensated for the crane hanging over the property, and yet the agent has denied my request for a rent reduction."

There is no existing legislation governing how much airspace a landlord can own, according to the No Borders Law Group website.

The property law firm outlined previous court cases in Australia have indicated that a landlord owns and has exclusive rights to use the airspace above their property.

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Air rights can be stated in a tenant's lease agreement, but in most cases a person is renting to occupy the premises, not the airspace.

Tenants Union NSW chief executive, Leo Patterson Ross said tenants should be compensated for any disruptions due to construction works.

"Tenants are entitled to use their home 24 hours, if they need to leave then that should be compensated through a rent reduction," he said.

"It is outrageous for the landlord to be receiving compensation and not share that with the person who is actually impacted.

"It highlights why people feel that rented homes are not respected as homes.

"The developer should be in direct communication with the occupants of a building, not just the owners."

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