View Full Version : Those that own a home and rent it out, those in the know about rentals?
coFF33
12-01-2011, 12:05 PM
Hey All.
Got a rent inspection coming up shortly. and after every inspection they leave a form with "Maintenance" on it. Obviously for us to report issues with either Taps or Drains or the likes.
Now the house i live in was probably built in 1960 something and was re-doneup in the early 90s
Its a solid brick house with floor boards and a tiled roof. Normal style balcatta house.
Getting to my point, The house has 2 aircon's 1 in lounge one in master bedroom. they are both Kelvinators probably made whenever aircon was first invented. and they blow air that is not cold but not hot, and when used for more than a few hours a day (when we tryed to get them working properly once) our power bill was $600 .
The other thing is, the house does not have insulation in the roof. Or if it ever did , that was 30+ years ago, and looking through the manhole in the cealing i cannot actually SEE any bats/paper stuffs (cool n cozy) or anything, just wood beams
Inside temps at 7am in winter = whatever it is outside if not colder.
Inside temps at 7am in summer evenings = +5-10 degrees more than outside. so some nights around 30 deg.
Im wanting to know
IS it the responsibility of the OWNER of the house to sufficently make the house to a certain standard for the occupants ? or is it a non issue and the occupants have to pay for insulation and new air cons n shit like that.
Does anyone know what i could put forward to them to get some sorta Post 1941 style temp assistance.
cheers
John.
summoner
12-01-2011, 12:17 PM
aircon is a luxury, there is no obligation for the owner to provide them.
cplagz
12-01-2011, 12:19 PM
^^ What he said. Unless it's broken it's not the owners issue, however some owners are reasonable and if you ask the agent to speak to them on your behalf they may do something about it.
coFF33
12-01-2011, 12:20 PM
Alright, Forget the aircons, what about some insulation in the roof. Surely houses made after 1990 and around now days REQUIRE it ?
Adr3naL1N
12-01-2011, 12:21 PM
as above, its up to the home owner to fit a more up to date air con system and or insulation, coz your not the owner you cant go ahead and do anything like that, you could maybe request to the owner to have something done, he may say yes or may say fuck off.
Mad_Aussie
12-01-2011, 12:21 PM
Do you deal through a real estate agent, or directly to the owners? If you go through an agent, it's best to speak to them.
RELEASE
12-01-2011, 12:21 PM
there is no obligation on the owner to do things like air con, insulation, etc
BUT you can request and depending on the owner and how you guys rate at tenants most of the time the owner will upgrade/add as at the end of the day its all a tax deduction for them and adds value to the house.
we have no issues with having our gold coast villa repainted, new carpet, update air con, etc etc as the tennants always pay on time, been in there long term and we like the tax deductions ;)
Riggs
12-01-2011, 12:22 PM
All you car do is write a letter to the agent requesting these items.
That is how you leased the house, you accepted it.
IF they agree to upgrade these items, expect a hike in your rent in the next lease agreement.
cactus
12-01-2011, 12:25 PM
Go purchase yourself a portable air-con for $300 - 400, problem solvered :) And can take it with you to the next property woohoo.
newbie101
12-01-2011, 12:27 PM
according to the residential tenancies act,
http://www.austlii.edu.au/au/legis/wa/consol_act/rta1987207/
if the air con was working when you moved in, it has to be maintained. If its an "urgent" repair (ie - can cause injury etc if not addressed) you CAN organise and pay for the repairs yourself, and bill the owner, but the onus is on you to prove it had to be done, and this is usually only reserved for stuff like burst water pipes, blocked toilets etc.
As for the insulation etc, you as a tennant are not allowed to do squat without the owners permission. (its viewed as a "rennovation") and TBH its not really your responsibility. As it adds value to the property, I would approach the owner. Maybe invite them over at about 7pm? Kinda sucks that they didnt make use of the insulation grants when they were available.
actually in my lease agreement it says something along the lines of "the owner must make the house comfortably livable" then something about they have to supply sufficent cooling and heating if it was already part of the house. so if it already has a/c they have to have it working properly and it has to cool sufficently, as you leased the house with it already installed. i know with the house my old man rents out, when the a/c died he had to supply them with cooling the same as or better than what was there when the agreemant was signed.
so i would say read your agreemant and if it says it in there or something similar they gotta do something and if they dont then ring reiwa they will fuck thier shit up.
RELEASE
12-01-2011, 12:34 PM
if your air con is really using that much electricity then have it checked with a written statement that its fucked in terms of doesnt cool or heat properly and has a abnormal electric consumption........this may make them upgrade it
MOVE OUT find a new house.
problem solved.
Dalspec
12-01-2011, 12:37 PM
There is value in retaining good tenants.
If you put a case to the property owner that you'd like to stay long term but the temperature issue is untenable, they are more likely to consider making some changes.
coFF33
12-01-2011, 12:41 PM
MOVE OUT find a new house.
problem solved.
nah house is perfect for my needs.
thats a pretty shit idea
There is value in retaining good tenants.
If you put a case to the property owner that you'd like to stay long term but the temperature issue is untenable, they are more likely to consider making some changes.
Have been there since 07' never failed to pay rent on time. since moving in rent has gone up $80 a fortnight, and the property has declined in its livingability.
nah house is perfect for my needs.
thats a pretty shit idea
when used for more than a few hours a day (when we tryed to get them working properly once) our power bill was $600 .
Inside temps at 7am in winter = whatever it is outside if not colder.
Inside temps at 7am in summer evenings = +5-10 degrees more than outside. so some nights around 30 deg.
doesn't sound "perfect" ;)
PSI 304
12-01-2011, 12:49 PM
Find someone you know who works with air conds, get him to write report stating "Its fucked." to give to real estate. Owner will then have to replace air cond with new one that works. Hope he puts in a big fuck off energy efficient reverse cycle...
...cool in summer, warm in winter :)
Expect $10-15 a week more next lease.
coFF33
12-01-2011, 12:55 PM
^^ good idea :)
i know of two people !
westy
12-01-2011, 01:02 PM
You could threaten to move out, that's what my tenant did when he asked for air con the real estate agent promised to have installed by summer. We let him go, was an asshole anyway. The fact is I would have put it in but my circumstances changed, plus I never signed the agreement to put it in by summer. Was a clause in the rent saying it would go up $10 a week once we did it, which he was happy about.
Thing is, he could have bought a portable air-con (as mentioned above already) and had it paid for in 30-40 weeks worth or rent increases.
But back to you, is the owner happy for you to suggest installing insulation (or is he tight)? What about if you supply it? The Quokka sometimes has free insulation going (probably batts), just get bulk stuff where you can, should just cost fuel and your time.
SircatmaN
12-01-2011, 01:03 PM
My uncle rents a house and gets on really well with the owner, my uncle has made a few upgrades tithe house abd just agrees with the owner to go halves, he gets what he wants and at the end of the day the owner has a better house adding value to it for half price.
Why not just go see the owner and make the offer? They might even say don't worry about it we will install it. Dont go in demanding it to be paid or they will tell you to find another rental that better meets your needs.
coFF33
12-01-2011, 01:13 PM
Ive written to the real estate just now.
Sircatman, i was seriously considering going to bunnings myself and seeing how much bats are, and yeah westy have looked in the quokka... nothing there tho. jsut get up in the roof and throw em /roll em out my self...
but then i read its illegal to do so.. and would probably cost me a lot if i bought new bats.
AGIT8D
12-01-2011, 01:32 PM
Find someone you know who works with air conds, get him to write report stating "Its fucked." to give to real estate. Owner will then have to replace air cond with new one that works. Hope he puts in a big fuck off energy efficient reverse cycle...
...cool in summer, warm in winter :)
Expect $10-15 a week more next lease.
I own an investment property and I'll tell you right now, I'd have someone check out the aircon myself before I forked out for a new one. The ducted air-con in the house shat itself last year so I've had someone through work inspect it, and now they're replacing the PNE thing, but that's my cost because it was working when they moved in.. Kinda. Regardless, the lady needs a break so I'm happy to do her a favour.
^^ good idea :)
i know of two people !
It might fall flat on it's face. Also, if I got a request for mods2house I would just laugh and tear it up. On the flipside, my tenant has requested she strip and paint some walls to pretty the place up, and has pimped out my gardens, so all is well there!
Mad_Aussie
12-01-2011, 01:34 PM
my tenant has requested she strip
Pics pingpingpingping
AGIT8D
12-01-2011, 01:34 PM
Ive written to the real estate just now.
Sircatman, i was seriously considering going to bunnings myself and seeing how much bats are, and yeah westy have looked in the quokka... nothing there tho. jsut get up in the roof and throw em /roll em out my self...
but then i read its illegal to do so.. and would probably cost me a lot if i bought new bats.
Batts aren't that expensive actually. How big is the house?
AGIT8D
12-01-2011, 01:35 PM
Pics pingpingpingping
Hahahahahahahaha!!! Well played
Let me break this down for you.
You inspected the house prior to moving in. You had the opportunity to ask about the insulation, the air-con, etc. I'm assuming if you did, they would have told you the air-con is old and “okay”, and there is no insulation. If you didn’t ask these questions, thats no ones problem but yours.
Then, you signed a contract to Lease with the owner.
Once you've signed that contract, you take the house as is. Unless there is an urgent repair required or the house is unsafe to live in, the owner is not obliged to make any changes to the house.
I see this WAY too often in all types of property (its even worse in commercial when tenants take on shops in shopping centres with existing fit outs, but thats another story because the commercial owner has a lot more rights than the residential owner).. and it all comes down to people not making sufficient enquiry when leasing the property.
IF the agent has misrepresented what was in the house when you inspected it, thats a different story..
westy
12-01-2011, 01:39 PM
when I was looking for insulation for my shed (about a year or so ago), all I could find was batts. I wanted that stuff that comes in a roll with foil one side and wooly shit on the other (anticon maybe??). See any hosue getting demolished? Tell them you will dispose of it for them and hope they didn't have asbestos in the roof, not that anything will come of it anyway.
AGIT8D
12-01-2011, 02:42 PM
Batts are cheap. If you plan on living there for a while have a crack at going 50/50 with the owner.
BOSS 290
12-01-2011, 03:16 PM
Stab the A/C's with a screwdriver and move out. Problem solved. Some of the excuses mentioned here would make me want to smash the A/C.
If I moved into a rental and it had A/C or heating I would expect it to work - it's not an ornament fitted for looks - the fucking thing should function properly.
How about I service your car, but rather than using engine oil I use vegetable oil....it's all the same to me as both items are 'oil'.
streatracer
12-01-2011, 03:16 PM
break the aircon.........break it good, but ninja.
AGIT8D
12-01-2011, 03:55 PM
Stab the A/C's with a screwdriver and move out. Problem solved. Some of the excuses mentioned here would make me want to smash the A/C.
If I moved into a rental and it had A/C or heating I would expect it to work - it's not an ornament fitted for looks - the fucking thing should function properly.
How about I service your car, but rather than using engine oil I use vegetable oil....it's all the same to me as both items are 'oil'.
All good and well if it used to pump icey cold air in 07 and has now seized to function as it did when he moved in. If not, no chance.
I certainly don't rent out my property as a charity service, I do it for tax benefits and extra income. I am also a fair person and that's why I've repaired my ducted air in my home although it technically wasn't at optimum operation when the tenants moved in.
Not a chance most property owners would spend unwarranted captial on an investment property after the tenants have signed a lease and moved in unless it's to their favour. Maintenance is no favour of a property owner.
KyeBidz
12-01-2011, 04:20 PM
How about I service your car, but rather than using engine oil I use vegetable oil....it's all the same to me as both items are 'oil'.
You win most retarded post of the whole thread.
pretty much you have 2 options here.
A) Be upfront and resonable with the owner, 50/50 is probably your best bet.
B) Ninja break it, find the control panel for it, take out what you can, 1 second in the microwave and your done.
BOSS 290
12-01-2011, 04:29 PM
All good and well if it used to pump icey cold air in 07 and has now seized to function as it did when he moved in. If not, no chance.
I certainly don't rent out my property as a charity service, I do it for tax benefits and extra income. I am also a fair person and that's why I've repaired my ducted air in my home although it technically wasn't at optimum operation when the tenants moved in.
Not a chance most property owners would spend unwarranted captial on an investment property after the tenants have signed a lease and moved in unless it's to their favour. Maintenance is no favour of a property owner.
No one would expect you to rent out your property as a charity service and from all accounts you do what you need to keep your tennant happy and in return your tennants will look after your investment.
It's the belligerent attitude that shits me.
BOSS 290
12-01-2011, 04:29 PM
You win most retarded post of the whole thread.
Honestly bloke, if I wanted your opinion I'd have given it to you. Who the fuck are you anyway?
Tenants think they have rights.. well, tenants have fuck all rights if you ask me.
You don't own a house, therefore you pay to live in someone elses.. and although some people think they have the god-given right to complain and bitch and moan when the tap is dripping or a light globe is blown, suck it up princess.. if you don’t like it, fuck off and find somewhere else to live.
If tenants look after my shit then I'll look after them, but if someone starts being a pingpingpingping and punching holes through my A/C with a screwdriver, I'll fuck their life and credit rating up for the next 5 years.
PSI 304
12-01-2011, 04:35 PM
I own an investment property and I'll tell you right now, I'd have someone check out the aircon myself before I forked out for a new one.
Well you'd have to be a bit silly not to have a second opinion really wouldnt you? What i was more getting at was if you had a mate that did that kind of thing, maybe they'd know a way of making the aircond definately need replacing whilst not looking like someone has blatantly stabbed it with a screwdriver.
But surely if you struck up a dialogue with the owner, let him know the air cond aint doin shit, negotiated a reasonable rent increase if need be, MOST fair land lords wouldnt mind a new air cond being installed...obviously forking out isnt always great but its a tax deduction afterall.
BOSS 290
12-01-2011, 04:39 PM
Tenants think they have rights.. well, tenants have fuck all rights if you ask me.
You don't own a house, therefore you pay to live in someone elses.. and although some people think they have the god-given right to complain and bitch and moan when the tap is dripping or a light globe is blown, suck it up princess.. if you don’t like it, fuck off and find somewhere else to live.
I don't rent, I live in my own place. But your attitude is fucked. Do away with negative gearing and see how well these property moguls fair. Or, without the pissing and moaning tennants where'd you be paying the mortgage on the investment property?
Just as well no-one asked you.
mitchy
12-01-2011, 04:42 PM
are you on your period?
BOSS 290
12-01-2011, 04:50 PM
Exercising my freedom of speech :D
There's no sensitivities on this forum, everyone is thick skinned!
Had a tenant once who tried to sue me for injury to her back. She tried to move a big rock in the garden and she hurt herself.
/CSB
MrSparkle
12-01-2011, 04:57 PM
I own a house thats rented out and its fitted with air con.
If my tenant had come to me saying the air con isnt working very well and can you at least get it checked out ( knowing full well if its that old they are going to hit the "replace" button) I wouldnt have a problem with it.
Number 1- they can claim any costs associated with the service/replacement
Number 2- Its a good idea to get more efficient appliances anyway
I wouldnt have a problem installing insulation either if my house didnt have it because i see it as common sense.
I think your best bet is to talk to the owner/ agent and see what they have to say. Not all landlords are fuckwits and if you have been a good tenant they wont mind going to a bit of effort to make things right.
coFF33
12-01-2011, 05:19 PM
Tenants think they have rights.. well, tenants have fuck all rights if you ask me.
You don't own a house, therefore you pay to live in someone elses.. and although some people think they have the god-given right to complain and bitch and moan when the tap is dripping or a light globe is blown, suck it up princess.. if you don’t like it, fuck off and find somewhere else to live.
If tenants look after my shit then I'll look after them, but if someone starts being a pingpingpingping and punching holes through my A/C with a screwdriver, I'll fuck their life and credit rating up for the next 5 years.
Right , your getting psyched up from other comments in this thread, but honestly, if someone in one of you rentals who consistently paid the rent on time every time, never complained about rent increases. Never did the dodgy on you and simply wanted a house that wasnt constantly 30+ in summer time youd still tell them they are bitching and moaning and have no rights ???
thats pretty fucked up.
Steppo_GT
12-01-2011, 05:19 PM
You mentioned you lived in a shitty 60's spec balcatta house. Chances are after you move out the place will get demolished and a new one rebuilt on the block. I really don't think your landlord will fork out for fuck all but a wreking ball
cplagz
12-01-2011, 05:47 PM
Right , your getting psyched up from other comments in this thread, but honestly, if someone in one of you rentals who consistently paid the rent on time every time, never complained about rent increases. Never did the dodgy on you and simply wanted a house that wasnt constantly 30+ in summer time youd still tell them they are bitching and moaning and have no rights ???
thats pretty fucked up.
It depends if the investment of aircon to the place will add value to the owner. Like everyone has said and given you advice, either speak to the owner or the agent and see if you can come to an agreement. If you can't - find somewhere else to live. That is really your only option and I don't see why this thread needs to continue any further then that?
PS. Resi property managers are scum :p
If i was a property owner, and the aircon/dishwasher/alarm system broke (ie, not a critical piece of equipment) i would tell them to suck it.
unless there was something in it for me (ie $500 outlay for a $1500 ROI) - no chance.
sidenote: in MY rental agreement theres a clause to say all optional equipment (as above) - if it breaks, fixing it is at the owners discretion.
Satan
12-01-2011, 06:32 PM
Tenants think they have rights.. well, tenants have fuck all rights if you ask me.
You don't own a house, therefore you pay to live in someone elses.. and although some people think they have the god-given right to complain and bitch and moan when the tap is dripping or a light globe is blown, suck it up princess.. if you don’t like it, fuck off and find somewhere else to live.
If tenants look after my shit then I'll look after them, but if someone starts being a pingpingpingping and punching holes through my A/C with a screwdriver, I'll fuck their life and credit rating up for the next 5 years.
tenants have a right to have something work that they are paying for
if aircon is installed, they are paying to have it work - if you as a landlord don't understand this then you deserve all the shitty tenants you've obviously had.
muniom
12-01-2011, 09:05 PM
Sorry to hijack but on topic of rentals... I rent a few rooms in my place (off the books) and tenants recently broke their bedroom door fighting (not the first fight/door), a mutual friend told me & I've sat on it for the last month hoping they would own up. There's no formal 'inspections' as it's a shared house, so had the mutual friend not told me I would be none the wiser...
Of course they never owned up so I confronted them this arvo, they didn't seem to think it was an issue or that i even really needed to know... even after opening the crack in the side of the door with my finger, and her picking up part of the latch off a cupboard... they played it down and loosely mentioned they planned to fix it, i called their bullshit and arguments ensued.
I realise i've got fuckall leverage as I cbf dealing with the tax side of things, so no agents. However they are signed onto a residential agreement that states "any damage to the premises must be reported within 3 days". Bond was included as paying extra weeks in advance so I've fucked up there :/, I'm ready to give em the boot but they'd bail and I'd be left out. Any tips on getting them to pay up?
Lonewolf
12-01-2011, 09:14 PM
tenants have a right to have something work that they are paying for
if aircon is installed, they are paying to have it work - if you as a landlord don't understand this then you deserve all the shitty tenants you've obviously had.
I agree, if its there, and was working when you moved in, the owner should pay to fix it, provided the tenants arent jerks and look after the place.
This is from a moral standpoint, in the end it comes down to whats in your lease.
If there was no-aircon when moved in, I'd look at paying 1/2 or whatever to get a split system installed.
You get cool, owner gets increased value in the place.
Tenants usually dont have the option to fuck off and leave without screwing up their rental history, so I dont think thats really a viable option unless both parties agree to it.
PSI 304
12-01-2011, 09:19 PM
I'm no expert but i would gather it'd go a little something like this;
You're kinda fucked from the sound of it. You've chosen to do a dodgy to skip the tax man so any legal action to reclaim money i would assume would land you in the shit anyway. Boot em out, use the money you shoulda contributed to tax to fix it yourself, learn from experience and find a property manager for new tenants.
Satan
12-01-2011, 10:33 PM
bunnings, new door, $100
not really worth a raise in blood pressure
mr_rotary
13-01-2011, 07:35 AM
Tenants think they have rights.. well, tenants have fuck all rights if you ask me.
You don't own a house, therefore you pay to live in someone elses.. and although some people think they have the god-given right to complain and bitch and moan when the tap is dripping or a light globe is blown, suck it up princess.. if you don’t like it, fuck off and find somewhere else to live.
If tenants look after my shit then I'll look after them, but if someone starts being a pingpingpingping and punching holes through my A/C with a screwdriver, I'll fuck their life and credit rating up for the next 5 years.I would ove to lease you an office with the same attitude :)
cplagz
13-01-2011, 07:45 AM
I would ove to lease you an office with the same attitude :)
lol, he's a commercial asset manager. Foot, mouth, remove it?
AGIT8D
13-01-2011, 07:53 AM
bunnings, new door, $100
not really worth a raise in blood pressure
muniom, this is on the money.
Bond would be 100-150 if you took 1 week's rent in advance? That covers the door and a lick of paint. Unless it's a particular style of door, but chances are it's just a redicoat.
Are they signed on to a monthly lease or a fixed term? Let them know their bond has now been used to fix the door, and they either need to cough up another bond as insurance for you, or they have til the end of the month to move out.
Facebook/MSN/Antilag for new tenants and you'll have someone there in no time.
Risk10k
13-01-2011, 08:10 AM
Just put the batts in yourself john, don't say shit. If you get an early termination on your lease for whatever reason, take them with you.
I'm in the same boat, kalvinator brown box, no insulation. About to get some bunnings bats today...
Right , your getting psyched up from other comments in this thread, but honestly, if someone in one of you rentals who consistently paid the rent on time every time, never complained about rent increases. Never did the dodgy on you and simply wanted a house that wasnt constantly 30+ in summer time youd still tell them they are bitching and moaning and have no rights ???
thats pretty fucked up.
*you're
Also, LOL @ all the property experts on here..
I think I might have come across as a bit brusque (look that word up), and as a result, people didn't see the last line of my comment.
If tenants look after my shit then I'll look after them, but if someone starts being a pingpingpingping and punching holes through my A/C with a screwdriver, I'll fuck their life and credit rating up for the next 5 years.
Either way, I was mainly referring to Boss 290's reference of wrecking an a/c with a screwdriver.. I deal with idiots who damage shit every day and then bitch and moan when you send the bailiff around to seize their car and plasma screen because they give you the middle finger and won't pay for it.
I'm also referring to retail and commercial property, don't think that just because someone pays $10,000 a week rent that they're any better than the bogan who pays $150 a week to rent a house in Gosnells.. in fact, many are worse. You know how many times I've been dragged in front of the tribunal because someone thinks that I'm wrong, I'm an arsehole, I'm the devil? I've never lost though.. and the reason is, because the Tenant is allowed to pay their $80 and drag your arse there for the most frivolous of matters, and 99% of the time they are frivolous.. but it gives them a false sense of power.
These are the same people who didn't read their Commercial Lease properly, or at least get someone who knows what they're doing to read it for them.. tight arses don't want to spend $500 on getting a solicitor to read it for them, even though its potentially $500k down the hole each year should they have it terminated due to a breach.
If you wanna get started about tenants, I've dealt with more tenants than every person who posted in this thread combined.. I get along great with my tenants and do the right thing at every step, but if they fuck me, I'll fuck them back.
BOSS 290
13-01-2011, 08:46 AM
Hahah Joe, I wouldn't take to the A/C with a screw driver. If I was realy determined enough I'd degas the fucker and fill it with water.....
I rent a commercial property. I read the contract and was happy to agree to it. My landlord is great to deal with :)
I rent a commercial property. I read the contract and was happy to agree to it. My landlord is great to deal with :)
Good man :)
If every person did the same, I'd probably be out of a job.
Risk10k
13-01-2011, 08:52 AM
There is alot of anger in here for the start of the year. Some nigga just wanted to be cold a few pages ago.
AGIT8D
13-01-2011, 10:18 AM
if they fuck me, I'll fuck them back.
http://images1.memegenerator.net/ImageMacro/4663044/I-Got-a-Boner.jpg
muniom
13-01-2011, 10:49 AM
muniom, this is on the money.
Bond would be 100-150 if you took 1 week's rent in advance? That covers the door and a lick of paint. Unless it's a particular style of door, but chances are it's just a redicoat.
Are they signed on to a monthly lease or a fixed term? Let them know their bond has now been used to fix the door, and they either need to cough up another bond as insurance for you, or they have til the end of the month to move out.
Facebook/MSN/Antilag for new tenants and you'll have someone there in no time.
They are on a non-fixed term agreement, one of the ones you can pick up from a post office. Seems shit is really getting out of hand today as other tenant has fallen a week behind, asked her what the go was and was told she gave the money to the problem tenants and was surprised it was never forwarded to me.
Why the fuck they did that I have no idea, but sounds like they are taking what they can and getting ready to bail. Who's keen to come smash heads together this evening?
This form?
http://www.commerce.wa.gov.au/ConsumerProtection/PDF/Forms/Form_24B_Periodic_Tenancy.pdf
Basically you can terminate their Lease based on a breach other than non-payment of Rent.. in this case, failure to report damage within 3 days (Section 7c of Residential Tenancies Act).
If you’ve fubar’ed the bond though, and not lodged it with the Bond Administrator, you’ve not got a leg to stand on.. that’s a fineable offence on your behalf (Schedule 5 - Prescribed offences, s. 29(4)(b), failure to lodge bond with administrator, $800).. so you can’t apply to the Magistrates Court for them to pay up, as the first thing the Magistrate will ask is “where is the bond”?
Also if you've not issued receipts or done anything like that, its $200 per offence if they wanna become smart arses and report you.
AGIT8D
13-01-2011, 11:12 AM
They are on a non-fixed term agreement, one of the ones you can pick up from a post office. Seems shit is really getting out of hand today as other tenant has fallen a week behind, asked her what the go was and was told she gave the money to the problem tenants and was surprised it was never forwarded to me.
Why the fuck they did that I have no idea, but sounds like they are taking what they can and getting ready to bail. Who's keen to come smash heads together this evening?
Advise them that they need to be out by weeks/months end and get other people asap. I take it you don't live at the house? Why you don't put it through an agency is beyond me. I tried managing my own property for a few years but kept getting done over so I gave it to C21. They are like fucking pitbulls and really get my money's worth after all the teething issues (me spending money on things I had not accounted for like smoke alarms, PCD and landlord insurance).
muniom
13-01-2011, 12:28 PM
I live in a granny flat to the rear of the property so believed there was no need for the muck around of putting it all through agents/tax, as it is a shared house scenario. Though they seem to now think I have no right to even enter the living room, the house has been advertised as a shared house since day one.
Funny thing is they are now also telling me the air-con is inadequate, the thing is old as hell but blows cold air. The problem is the position of the unit, something i cannot control. That and the insulation bats "may need replacing"... it has insulation, and temperature is not out of control (lived in the house myself for a while), I believe they are just picking on as many things as they can. I didn't even know insulation could wear out???
It's amazing how quickly things manage to escalate, I believe your right that I need to just cut my loss, replace the door myself and boot them the fuck out. And balistc that is the agreement, sounds like I might need to get some info off you on how to run things all thru an agent for the next tenants :\
Jase, I can understand your sentiment, the unfortunate thing is, once bitten twice shy. Experience, understanding and ensuring both parties work within the confines of the agreement in place (and regulation) is the best approach.
There a pingpingpingping tenants out there, just as there are pingpingpingping landlords.
Be fair, but be firm, its business.
scj91
13-01-2011, 02:09 PM
Had a tenant once who tried to sue me for injury to her back. She tried to move a big rock in the garden and she hurt herself.
/CSB
LOL and the winner of the darwin award is...
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