Agents & s/managers, what should happen here? ?

[silversands]

Hi all.

I have a friend who is in the following predicament. She has been renting a house that is in a poor state of repair. No oven, the stove doesn't work, and the floor boards lose, lots of shoddy work (electrical etc.) was obviously carried out by the owner when it was their ppor.

As a single working mum with 3 kids she couldn't afford to be to fussy and had to find somewhere fast, therefore she took it anyway - despite the fact that the house was being let at a price you would expect to pay for a much better house in the same area. It was leased through an agent who received a letting fee, but has been paying the LL directly into their bank account.She moved in November and has a lease for 12 months. The house has rapidly deteriorated. Mold and water leaking in etc. She has tried in vain to request repairs to be done but no interest from interstate LL. So she gave up. Over the last couple of weeks the exterior wall (which is built on the neighbouring property owners boundary) seems to be falling over! You can now actually see into the neighbours back yard through the gap in the wall!

The agent who let her the property was finally sent around to survey the problem after the neighbour rang council to complain.

The agent has informed her that she needs to pack her things and get them out of the house and store them elsewhere (at her own expense) and that the LL would pay for her accommodation in a cheap hotel whilst the wall is rebuilt (for an unknown period of time as yet) and would need to move her own things back in when the work was complete.

This poor young woman is so sweet natured and is so scared of not being able to get a property elsewhere, (vacancy rates are low around here) and she needs to be near the special help school her son attends. She is considering just telling them she will do her best to find another house and move out asap. Problem with that is why should she come up with the costs associated with moving? She has been the model tenant. Is the LL not obliged to cover all the expenses for moving her things in and out of the house that is posing a danger to her family? ( the roof needs to come off and security would be non existent while the repairs are undertaken. )

This will be a major expense and inconvenience to her and I smell a rat. I suspect a lot of the house extensions and renovations are not council approved.

Surely there should be compensation of some sort offered to this girl whether she complies with the LL's requests OR moves to alternative accommodation if she can find it? (moving would be better option as at least she might get a house with an oven and no dodgy wiring therefore no risk to children!) Is the LL obliged to compensate?

If so, would she need to go to the tribunal to get it? (If they did have any intention to compensate they would have offered her removal and return costs, they have not.) There seems to be no fight left in her. I think she'd allow herself to be pushed around before fronting up to tribunal.

What do you know about this type of thing? This is in S.A by the way. Have any of you experienced similar?

Thanking you in advance everyone. Please tell me anything I can advise her that might help her.

Jodie

 

[Collector]

I'm not familiar with SA legislation but here are my 2cents:

IMO your friend is not entitled to any compensation, the landlord can terminate the lease without grounds based on the property has become inhabitable - no notice period required.


I know none of this advice helps your friend but sometimes its best to just move on, If i was your friend I would be happy to get out the property which sounds to be in poor condition and a dangerous place for her and her children.


I understand that it may be tough to find a new place, maybe if she can get references from the LL and agent this may help her with the next place.

 

[weg]

She should contact Residential Tenancies explain the situation and find out what her rights are.

It sounds like the council have inspected the property from outside only and have demanded these repairs.

If I were her I would ring the council myself and get them to do an inspection of the entire house and take photos to show the Tribunal to strengthen my case for reinbursement of any incovenience caused whilst repairs are carried out.

 

[weg]

Her negotiating tool may be this

http://www.lawhandbook.sa.gov.au/ch21s04.php

 

[silversands]

Thank you Collector and Weg,

Collector, I agree that she should probably move on, it just seemed unfair that she should cover her expenses arising from no maintenance being carried out. unfortunately just because something seems unfair it does not prevent it from occurring.

However Weg, I REALLY appreciate the link you gave me. Very interesting reading indeed. I might dare to hope that the threat (oops read: mere suggestion) of rent control may be the very thing to bring on negotiation. My friend is not wanting to cause a scene but surely if we fire off a polite letter and attach the information you dug up for us, it may be just enough to have them offer to pay her moving costs. I don't think this is an outrageous request in view of what rent control may cost them.

Many thanks for your interest.

Jodie

 

[Collector]

Her negotiating tool may be this

http://www.lawhandbook.sa.gov.au/ch21s04.php

I think that rent control is for rent forward not rent past.

So the rent can only be reduced after the property has been inspected and declaired sub-standard and a rent reduction wont solve the problem in this case.

 

[silversands]

thanks Collector.

Duly noted. Upon reflection, it would possibly worth (a slim chance) asking her LL for a contribution toward moving costs, in lieu of the hotel expense they were otherwise going to incur. The worse they can do is say no. (although this is obviously a more likely outcome)

Thanks