Cause for concern?

I think in this situation you need to do everything you can pronto.
Such as fix the place, pay for paint and reduce rent for the labour at a minimum.
I had a house in Bundy where an outside wall was dangerously unstable and it was a highset house.:eek:
You could litterally push the wall around six inches the whole wall moved, it was going to cost a fortune to fix, I went up there and fixed it best I could but ended up selling the house and cutting my losses, it just felt risky.
New owners were developers who intended demolishing the place anyhow.

Be honest and take action, do your best and then do a bit more is my advise.;)
If you have rental properties with dangerous issues fix them or sell.
 
I do agree with Skater. I would be fixing the things but not under the guise of "oops sorry, I hadn't got around to it but now I had better" scenario. If you don't do it though, it may make someone who wouldn't take the legal tact angry, and consider it as an option.

Keep Skater's advice in mind, don't go over the top. Do what's required, maybe plus a little more and document everything.

If she is renovating and painting etc, her "injuries can't be too serious I guess. Look for an opportunity to get a photo which may dispute any future claims, like "luv what you've done, can I get a photo of you and the paintbrush in the lounge room :D Those overalls look just great on you :eek: "

Kev
www.gogecko.com.au
 
If she is renovating and painting etc, her "injuries can't be too serious I guess. Look for an opportunity to get a photo which may dispute any future claims, like "luv what you've done, can I get a photo of you and the paintbrush in the lounge room :D Those overalls look just great on you :eek: "

Kev
www.gogecko.com.au

Excellent advice! And make sure the date stamp is on the photo too!
 
Thanks for the advice guys.....I love your's Kev!!! I am going to do an inspection in 2 weeks time so I may be able to take a photo or two. (any other photos I should try and get???) I am trying not to show too much concern, but at the same time I did want to show I had a heart.

The issue is that the tenant is diabetic so she went to the hospital straight away and got checked out. Apparently was sent home with some voltaren gel and was told it was bruising. I have documented the conversation I had with her, should anything arise from it.

Yes all these renovations would have to mean that she's not too hurt I guess!!!!!!!

thanx

sq
 
That is interesting about the diabetes. Maybe she became faint and fell because of low blood sugar, and perhaps the maintenance had little to do with it.
 
Apparently was sent home with some voltaren gel and was told it was bruising. I have documented the conversation I had with her, should anything arise from it.

Suzieq,

Since going through this exercise with this tenant I've been advised that cuts and bruising don't constitute a cause for litigation.

It's not as easy to successfuly litigate as what popular belief is. Did she have a witness? Did she ask for the deck to be repaired? Had she asked for the deck to be inspected prior? Where you made aware that the deck could collapse? etc.

You have a responsibility to maintain the property and your tenant has a responsibility to notify you when items need to be repaired. Noting on the PCR that an item is damaged dose not mean it needed to be fixed.

Personally I would have the house inspected by a qualified tradesman and have all items that require repairs listed and fixed. I would do this for my own protection as well as for the safety of the tenant.

I would also advise the tenant that if she has concerns about anything in the future that she should notify you immediately in writing so you can have it repaired before anyone gets hurt.

You could argue that it's as much her fault as yours.

As for the original "Cause for Concern" the tenant was evicted a few months back, there has been $2500 worth of repairs to the house since. He disputed the fact that his bond was not being returned.

It went before a Magistrate who believed the fraudulent PCR was real (even though the PM attended to say that it wasn't her signature) and refunded him half his bond. The other half was because he didn't have the house cleaned.

My insurance has advised that they have not received any demands and would welcome anything if it came.

Mark
 
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It's been some time since I have given this post any thought.

I received an email yesterday by my insurance company to let me know they did receive a demand from the tenant and that they have settled the matter out of court for $9,000. The same value of a replacement prothetic leg.

And yes my premium has increased.
 
It's been some time since I have given this post any thought.

I received an email yesterday by my insurance company to let me know they did receive a demand from the tenant and that they have settled the matter out of court for $9,000. The same value of a replacement prothetic leg.

And yes my premium has increased.

That sucks Mark. Shame he got away with it!
 
Problem is they know they have a good chance of getting away with it. Easier and cheaper for the insurance company to throw $9k at him, than send the lawyers out.
 
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