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  1. #1
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    Default Assistance with tenants please

    Question for those in the know..

    We own a property that we are leasing out.

    A tree fell on the house during a recent storm. There was roof damage which has, amongst other things, ruined/water damage to the kitchen ceiling.

    Insurance is covering the cost of repairs. Tenants being a bit of PITA not allowing workmen in and what not, so it's getting done extremely slowly.

    Tenant now says he doesn't want any more work done till may, and, when the work is being done, they want us to pay for accommodation in a hotel because they don't want to be in the house whilst the work is going on.

    Repairs are expected to last 3 days.

    We offered to give them 3 days of no rent instead, but they said no - they want the hotel paid for.

    What is the ruling here? Do we have to pay for a hotel? Secondly, they only want the work done on May - not now. So in the meantime, there may be secondary damage occur eg mould or what not (old House and very humid at the moment) or water damage to electrical or rust etc. I don't really want to risk that occurring and then I'll be up for that as well.

    Any ideas??

  2. #2
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    Most States have rules around emergency repairs, and I think you should be able to get it done with proper notice whether they like it or not. I wouldn't think you'd be up for a hotel if the house is livable. Personally it sounds like they are being PIA's!

    Is the house in Sydney?

  3. #3
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    Storm damage to a roof/ceiling like that would probably be classed as an urgent repair or emergency repair under the rules.

    Normally its a tenant wanting the repair done and the landlord being difficult - and in that situation the tenant gives written notice and then it must be done within 14 days. I imagine its similar in reverse - you give written notice that its being repaired and they have to allow you to do it.

    As for the hotel - that would a be a no unless the house is not safe/fit to live in during that time.

    Do you have a real estate agent? Also check the fine print of your lease document and see what it says about 'urgent or emergency repairs'. It should be detailed in there.

    You can also get advice from community legal centres for free, or have a look at the residential tenancy act for your state.

  4. #4
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    This has some good info and you could give them a call for more advice as well. Not sure if it's still current, but it says 2 days notice and the tenant doesn't have to be there. So based on that, I'd give them written notice the work WILL be carried out and just organise it.

    http://www.fairtrading.nsw.gov.au/mo..._landlords.pdf

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    Thanks for the replies.

    Yes, house is in Sydney.

    The roof has been repaired, but the ceiling has not. So it's no longer leaking, but the cornices & ceiling are all stained and yucky, they need to go. Likely the wiring got wet in the roof as well, and there were insulation batts in there as well which, with this humidity, are probably breeding mushrooms as I write this! I'm worried about the cabinetry in the kitchen, because if they get festy, the kitchen is stuffed.

    We've done everything on our part in terms of insurance & repairs. The SES was out the night of the storm and came back a few times to ensure things were ok. But insurance companies are being a bit slow. But in saying that, the tenants apparently have been a bit crappy in dealing with the agent to gain access to the property.

    Which now they say they want it repaired in May and that we cover the cost of their accom because they won't have access to the kitchen.

    I do genuinely feel sorry for them because they only moved in 4 weeks b4 the storm but I'm also a bit shocked at their request. We'd give them a break on the rent but I'm not willing to wait till may just coz they're 'Jack' of the ongoing repairs.

  6. #6
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    I don't think they should dictate when you repair your house..

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    OP, has your real estate agent been able to give you advice in relation to getting it repaired sooner? It's not fair on you if they're being difficult & then there's the possibility of further damage occurring because things weren't repaired earlier. I know when we were renting a house & repairs had to be done, the real estate gave us written notice. It basically outlined that 'on this date access to the property would be needed for xyz repairs & that we didn't have to be there if we didn't want to be'. We are in QLD though so I don't know if it works differently in other states.

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    Quote Originally Posted by Californication View Post
    This has some good info and you could give them a call for more advice as well. Not sure if it's still current, but it says 2 days notice and the tenant doesn't have to be there. So based on that, I'd give them written notice the work WILL be carried out and just organise it.

    http://www.fairtrading.nsw.gov.au/mo..._landlords.pdf
    Legend

    Thanks

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  11. #9
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    Quote Originally Posted by Rocky27 View Post
    OP, has your real estate agent been able to give you advice in relation to getting it repaired sooner? It's not fair on you if they're being difficult & then there's the possibility of further damage occurring because things weren't repaired earlier. I know when we were renting a house & repairs had to be done, the real estate gave us written notice. It basically outlined that 'on this date access to the property would be needed for xyz repairs & that we didn't have to be there if we didn't want to be'. We are in QLD though so I don't know if it works differently in other states.
    It's the insurance company that's been taking a bit longer from what I gather rather than the agenT.

    Not making excuses for him though, he isn't exactly the sharpest tool in the shed. Previous to this though they've been ok so I think it might be new ground for them as well.

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    Can you offer them a hotel now for three days and quickly get the repairs done? Having no access to the kitchen would be a major PITA, I'm not surprised they asked for alternative accommodation. Your insurance might cover the accommodation costs.


 

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