compensation? faulty oven

Discussion in 'Property Management' started by TMNT, 15th Jun, 2015.

  1. TMNT

    TMNT Member

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    Would you say yes to compensation? I personally think no way

    2 weeks without oven now, under warranty,
    initallly a paid electrician has gone out to diagnose
    warranty claim submitted,
    still waiting for someone from company to sort it
    I suspect another week
     
  2. thatbum

    thatbum law talking guy

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    compensation to your tenants....?
     
  3. Perp

    Perp Member

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    Of course you have to compensate your tenants; they don't have cooking facilities!
     
  4. Rhinsor

    Rhinsor I'm Batman

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    three weeks without an oven I would want compensation as a tenant.
     
  5. turk

    turk Member

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    TMNT

    Other than not wanting to spend money why would you say no way?
     
  6. Lil Skater

    Lil Skater Member

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    In Vic cooking services are essential, meaning 24 hours to action - not necessarily fixed, but it needs to be done quickly.

    3 weeks is not reasonable, and the tenant has a right to seek compensation.

    If they still have hotplates, less compensation. If they have nothing, compensation of meals for that 3 weeks - which gets expensive.
     
    Perp likes this.
  7. Perp

    Perp Member

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    Exactly. If they're willing to accept only $100 per week, or similar, TMNT should jump at it, before they're motivated to find out what they're really entitled to. :eek:
     
  8. crest133

    crest133 Member

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    Which insurance company or stove brand name or retailer is taking so long ?
    Tenant has entitlements from you, and sounds like you have entitlements from the supplier , insurance co or retailer. Got any more details for us ?
    Every day makes you look worse as a landlord, might be worth considering buying anything that can be installed today and changed over later.
    Good luck
    Cheers
    crest133
     
  9. DavidMc

    DavidMc Member

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    Don't forget if you have applied for a warranty fix this will take AGES.
     
  10. Scott No Mates

    Scott No Mates ...and people wonder why?

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    What is your objection to having to pay compensation TMNT? The tenant has leased the property with the expectation that the stove works - it doesn't.

    Would you prefer that they decide that not being able to cook is an emergency and rush out tk buy a new stove spending your money without control (set limits apply under the lease ).

    How much is the stove worth? How much compensation is the tenant seeking and will it be cheaper to buy another stove and tell the supplier of the first to shove it?

    How long before the tenant decides that you're useless and doing nothing about their situation before they vacate and break the lease for not undertaking repairs? What's that hoing to cost in downtime?

    Rant over.
     
  11. TMNT

    TMNT Member

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    ooh, looks like im not getting much sympathy here:eek:

    anyway, id like to think im reasoanble,

    i am prepared to offer compensation, I just wanted to see what everyones view was.

    I rent and the a few months ago the toilet refused to flush, they sent out 3 plumbers, 2 for a quote and one to do the job and something was wrong with the plumbing and overall it took 3 weeeks, I saw the owners doing their best to rectify the situation and just chalked it up to "stuff happens"

    Ive already paid for an electrician to diagnose it, and then have pronto got the manufacturer to submit a work order for fixing it. I think ive done as much as I possibly can,

    anyway, will take into consideration the comments here, oh and the hot plates on top are working
     
  12. Perp

    Perp Member

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    You may have, but that's not really relevant. Lots of landlords think this way about repairs, but it's really wrong-headed thinking. The tenants have contracted to have certain facilities, and landlords contract to provide them. We don't contract to "try to" provide them, or "do my best to provide them"; we contract to provide them.
    The hot plates working does make it less serious, for sure; I was picturing that they had no cooking facilities. If they ask for compensation, maybe $20 to $40 per week should be enough.
     
  13. TMNT

    TMNT Member

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    $20 per week!

    I was thinking about offering them $200
     
  14. thatbum

    thatbum law talking guy

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    Yeah I agree with this - that sounds about right. At least they've been able to cook during this time.
     
  15. TMNT

    TMNT Member

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    well the interesting thing is that ive been told by the agent is that this person is either a former baker or really passionate about baking.

    so its more of an invconvenience to them then usual, but once again, how is that my problem
     
  16. thatbum

    thatbum law talking guy

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    Its your problem because your tenants have lost use of a part of the premises they are renting. Admittedly, its quite a small part, but its not insignificant when we're talking about a residential dwelling.

    So legally its probably more of a "partial lost use of premises" claim rather than "compensation" per se.

    I guess its similar to if the tenants lost use of a whole room, or half the property, but on a much smaller scale. It doesn't necessarily have to be that the landlord has done anything "wrong" for the claim to still exist, and for rent to be reduced.

    If you hadn't been taking reasonable steps to repair the issue, you would be in further breach of the agreement and the tenant might be entitled to more actually.
     
  17. neK

    neK Member

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  18. Paul@PFI

    Paul@PFI Tax, SMSF & Planning

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    I had such an issue and the repair agent came next day and rather than repair and fiddle about it was replaced then and there. I had a Harvey Norman replacement warranty at a very minor additional cost. Same deal with Good Guys and others too. A minor investment in my view for any IP owner.
     
  19. sydprop

    sydprop Member

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    Well, then you should just buy a new oven?
     
  20. TMNT

    TMNT Member

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    not sure where you could come close to getting a new oven removed, delivered and installed for $200

    last time I bought a mini heater for a tenant as a backup while their new one was being installed, they took off with it too