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  1. #1
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    Default Rental Property Question

    Hopefully someone out there can answer this.

    Can a landlord use an unqualified tradesperson to attend to something that requires maintenance on their property; ie an air-conditioner?

    Also, must that person be a sub contractor with their own insurance or an employee rather than a 'volunteer' (non employee)?

    Thanks in advance.

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    As long as its not breaking any laws, they can use who ever they want.

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    Hi Caviar,

    I self-managed my investment property and my DH used to fix quite a few of the things that went wrong (leaky taps, hot water system on the blink etc) - he's not a tradie, just really handy! So no, I don't think there is anything that dictates that maintenance needs to be performed by a qualified person, it would be the owner / property managers choice.

    However, if the item isn't fixed correctly, then you can request it be looked at again - the quality and effectiveness of the job is a totally separate issue. Particularly with things like air-con, if its stated in your lease that part of the arrangement is the property having working air-con.

    As for insurance, in what context are you wondering? Ie. if the air con blows up? Or if the guy does something dodgy while you're there? I would strongly recommend you have full contents insurance - you are not in charge of the repair and your insurer would need to pay you out (check policy of course) and then seek the costs from the landlord / their insurer / the dodgy air con man etc.

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    Well no, they can't use anyone they want for everything. I do know that they must use a licensed electrician for anything electrical.

    With the other thing, it's an insurance issue. If the person hurts themselves on the property, the renter is liable. If the air-con causes injury it's the volunteer's liability and he can be sued. I just wanted to check this.

    Thanks again.

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    Well I hate to sound rude, but if you knew it all then why even ask.

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    I was going to say the same thing regarding anything electrical- it must be done by a licensed electrician. This includes putting in new powerpoints, wiring, air conditioners. It is also a legal requirement (in NSW at least) that all rental properties must be fitted with a RCD (similar to a circuit breaker).

    I would assume that you would not be found liable for injury if it occured, it should fall on the person who brought them into the house? Thats purely speculation though.

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    Quote Originally Posted by Caviar View Post
    Well no, they can't use anyone they want for everything. I do know that they must use a licensed electrician for anything electrical.

    With the other thing, it's an insurance issue. If the person hurts themselves on the property, the renter is liable. If the air-con causes injury it's the volunteer's liability and he can be sued. I just wanted to check this.

    Thanks again.
    Hence why I said they can use anyone they want as long as its not breaking any laws.

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    Yikes, I hope that's not the case. My landlords rarely send over anyone qualified, it's always a friend/family member. I can't see why I'd be liable, we never give permission for an unqualified person to attend, it's just cheap landlords who won't do things properly.

    I do think that if you are paying rent for an air conditioned house, they have to ensure that it's working properly. You shouldn't be left without essentials.

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    Our landlords are cheap! Sent someone over t put a new toilet in and it took him 9 hrs!!!

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    Well I hate to sound rude, but if you knew it all then why even ask.
    I thought that was pretty obvious why I was asking Because if it applies to electricity, does it apply across the board? I have some that say yes and others that say no. Perhaps I should just go and get some legal advice.

    Thanks everyone.


 

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