DHA - What would you do?

[aw1]

Hi all

I am currently leasing a property to DHA, with lease expiry in 2012 and a further 3 year option.

I bought the property from DHA themselves, 3 years ago now, and it has been relatively hassle free. However, they called me the other day saying they have gotten quotes to fix a drainage issue that has 'arisen' .. essentially water is pooling against the house after very heavy rains and some of it appears to be seeping in to the second living area at the front of the house. All quotes to put in an appropriate drain came to approximately $12,000 (!!).

My concern is, it is apparent that the house has always had this issue. Nothing has changed and the fact that the garden slopes towards the house lends credence to this. It seems unreasonable that DHA sell me a property with this defect, force me to lease it back to them (DHA leases are lodged on the title) and then expect me to stump up $12,000 to fix it. Were this a normal sale from the general populace, and a lease to another person, I feel it would only be fair for us to fix the issue and we would. But for DHA to sell it to us with this issue and then tell us now we require you to fix it, is a bit hard to swallow.

We have always acted with goodwill, when the pool pump/chlorinator required replacement (nearly $3000 worth of work) we acted on it promptly and had it replaced.

At this stage they are adamant that it is our issue ("you paid for your inspections when you bought it") but I am not in a hurry to bend over and take it. At worst I would like them to meet us halfway.

Your thoughts? Been in a similar situation with DHA?

aw1

 

[Rob Williams]

What did your building inspector have to say about this prior to purchase?
Surely if it was an issue, it would have been highlighted in the inspection report?

 

[Simon]

I might not feel fair but I think that you, as the owner, have to repair it. Both to prevent further damage and maybe for health reasons for the tenant.

Just because DHA were the vendor and now the tenant doesn't really mean much I think.

But maybe your solicitor can offer something to help?

 

[aw1]

What did your building inspector have to say about this prior to purchase?
Surely if it was an issue, it would have been highlighted in the inspection report?

Unlikely to have noticed, when we bought it was during the dry season here. Wasn't in the inspection report.

It only happens in very heavy rains (i.e. 200mm+ in a day). The water in the house is a dribble, but no doubt damaging the wooden skirting on the floor.

There is no carpet in the house and the house is made from blockwork.

Legally, it probably doesn't mean much that DHA sold the property, leased it back, and then told me to fix the issues with it. Ethically is a different story I feel.

Adam

 

[Propertunity]

Legally, it probably doesn't mean much that DHA sold the property, leased it back, and then told me to fix the issues with it. Ethically is a different story I feel.

Adam, you are using the words "legally" and "ethically" in the same paragraph.

You know which is going to win, don't you?

 

[Sheryn]

Adam


Unfortunately, you are responsible to fix the problem as you own the property but $12,000 sounds an incredibly expensive quote.

If a retaining wall was required down the side of the building that may account for part of the high cost.

Get three quotes from landscapers/plumbers.

There is a thread here on SS a while ago from someone who had a similar problem and one of the contributing causes was the neighbour's sloping yard.


If this was due to a blocked pipe/storm water drain my hubby said it would occur in ordinary rain so more likely drainage cannot cope with large torrential downpours.


Hope this helps
Sheryn