How dumb can you be and still breathe (and not be institutionalised)????

TPFKAD said:
May I suggest you and Andrew have a look under the NSW RTA section 26.


I would be inclined to send them an immediate breach notice under section 26.1.b and 26.1.c. and whilst at it, send off a letter of demand from your solicitor for damages incurred.


Lots of photos to back up your story - hundreds of 'em.


http://www.legislation.nsw.gov.au/fullhtml/inforce/act+26+1987+FIRST+0+N#pt.3-div.1-sec.26


26 Cleanliness, notification of damage to residential premises etc

(1) It is a term of every residential tenancy agreement that:
(a) having regard to the condition of the residential premises at the commencement of the tenancy, the tenant shall keep the residential premises in a reasonable state of cleanliness,
(b) the tenant shall, as soon as practicable, notify the landlord of any damage to the residential premises,
(c) the tenant shall not intentionally or negligently cause or permit any damage to the residential premises,
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Why thankyou Dazz. Constructive feedback. I'm impressed!:cool:
 
Just make sure you get *everything* that is water damaged. Especially carpet.

The pub here didn't replace their carpet after they got much the same minor flood damage as we did, and while you can't tell from looking that there was any water damage, the place smells really really musty and my mother won't stay there because it gives her terrible hayfever.

They refused to make an insurance claim. I don't understand why.
 
i was going to suggest what Dazz mentioned already.

I have noticed these clauses a few times when reading over my leases, and have been informed of this clause by my PM for my property in Colyton (there was a potential leak in in the shower drain, and tennant notified immediately upon noticing the possibility of the leak to fulfill his duty of care under this clause).

Good luck with it Skater - im sure you should be able to get rid of the tennants as they clearly failled to uphold their duty of care, and furthermore damaged the property with their leaking fridge. You've got them on a double whammy there.
 
Witzl said:
i was going to suggest what Dazz mentioned already.

I have noticed these clauses a few times when reading over my leases, and have been informed of this clause by my PM for my property in Colyton (there was a potential leak in in the shower drain, and tennant notified immediately upon noticing the possibility of the leak to fulfill his duty of care under this clause).

Good luck with it Skater - im sure you should be able to get rid of the tennants as they clearly failled to uphold their duty of care, and furthermore damaged the property with their leaking fridge. You've got them on a double whammy there.
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Thanks Witzl. Insurance claim being made today, as well as the termination. Just a waiting geme now to see what transpires.
 
tenent

Seems as though most has been sorted out so far. However sometimes tenent eviction is the problem, and can get quite ugly as seen on a Current Affair recently. Sometimes you have to play by their rules especially when it comes to
ahem "Squaters Rights" :eek:

If you have issues with eviction, PM me and i will guide you through an EXTREMELY fast process. Hurts the back pocket a little, but boy is it effective, and absolutely no legal ramifications whatsoever

good luck
 
gecho1 said:
Seems as though most has been sorted out so far. However sometimes tenent eviction is the problem, and can get quite ugly as seen on a Current Affair recently. Sometimes you have to play by their rules especially when it comes to
ahem "Squaters Rights" :eek:

If you have issues with eviction, PM me and i will guide you through an EXTREMELY fast process. Hurts the back pocket a little, but boy is it effective, and absolutely no legal ramifications whatsoever

good luck
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Hi Adrien,
Care to share this process with the rest of the forum? I think that we would all be interested in a legal way to hasten up the eviction of a problem tenant, regardless of the costs involved.

Boods
 
sorry Boods but no

with all due respect i cannot share this information in a public forum.
Please note, i mentioned no legal "Ramifications" i never mentioned it was legal :rolleyes: if you get my drift.
All i mentioned was that there is a way to evict tenents fast and efficiently, with no legal "Ramifications". This process may contravene some areas of the Residential Tenancies Act, however once the process is put in place, there are no Ramifications. This i gauruntee, even if they employ a QC, you will win :)
 
How dumb can you be and still breathe (and not be institutionalised)???? :confused:

Ask me I am a nurse,

I going to write a book one day of alllllll the stories. In a amusing manner of course.
 
I'm sure as a nurse you've treated some people like those in my old town.

They get stoned/drunk and ride motorbikes a lot. Not always with helmets on, and not always watching out for obstacles like stobey poles and trees.

They survive, and they get by.
 
I think you should have a close look at your PM....does she do regular inspections? Why wasn't this picked up?

As for claiming in LL...you may find that they may rule that it was an existing issue if the draining is not connected correctly.

Rather than getting emotional...work it out in a firm unemotional way and get your PM to put everything in writing so there is no confusion.

Also remember...whilst you live a certain way....other people may not live the way you live! It is an investment property after all....having said that you do need to be tough to get the tenants to meet some minimum standard on the upkeep of the property.

Good luck....also where is this property.....

I can also appreciate your comments about Dazz making smug comments....nothing which a quick backhand can't sort!;)

skater said:
One of my tenants had a routine inspection and we received the regular letter telling us there were a few minor issues and that there was a bad leak under the sink that needed urgent attention.

Hubby goes to have a look and comes back a couple of hours later to collect more tools and me. I get there and he has completely removed the shelf in the cupboard under the sink as well as the base, but left the rotting kickboard and door where they are. The floor is covered in water and the cork varnished tiles have lifted badly. He has pulled up some of them, however towards the middle of the room they are stuck solid. At the end of the room they are lifting also.

Apparently the drain was not connected. The newer plastic pipe is a bit smaller than the older imperial ones and when it was connected, whoever did it just inserted the pipe into the other one and did not seal it up. This was not apparent as this connection was underneath the kitchen in the space where the kickback is. Whenever she uses her sink, the water just empties onto the floor. She admitted that it has been like this for around 3 months and did nothing about it. I'd even like to bet that it is worse than Rumpled's swamppy bathroom from another thread, because not only is the whole area a quagmire, it is very badly mouldy. So bad, in fact, that I have no idea what to do.

The first thing I notice is the smell of mould and that the floors are kind of squishy. I go outside to ring the PM. She knew it was bad, but not this bad. She comes out straight away and takes photos.

We talked about the fact that the middle of the floor was somewhat drier than either end. Obviously the sink was the cause of one end, but the tenant's fridge, we are sure is the cause at the other end. We open it and notice the bottom crisper is full of water, and the freezer is full of funny looking icy stuff. PM takes photo's of this before she calls tenant into the room and asks point blank if the fridge leaks, and tenant says "no", which is an outright lie.

We study the area and open the cupboards and notice there is heavy mould in the cupboards on which her "stuff" is sitting. PM tells the tenant to remove all her stuff from the cupboards so they can air & dry out and that we will come back next week to see if there is anything we can do. She has been given strict instructions not to use the kitchen and to have the windows open when at home as well as keeping the kitchen cupboards open.

I really need her out of there as soon as possible as obviously the mould issue needs to be dealt with. How to deal with it, I don't know. I have no idea how far it has spread. The whole room really needs to be gutted. I can't have her living there while we do that, besides, she would only wreck any new stuff that is done to the place.

Now, I am faced with a problem. What to do?? If I try to evict her, the PM says that she will not move and it will have to go to tribunal. No-one will touch her once they see her record of haphazid payments AS WELL as this. She will be listed on TICA, and won't find it easy to get another place to live. Depending on who is the judge at tribunal will depend on the outcome. With the bad mould in place, it could backfire and I be held liable should she get sick, and have to pay damages. I'm not liking that option.

We could leave her there & give a huge $50pw rent rise, to force her out, however, again we will have to wait for the tribunal. Not great either.

BTW, another example of the mentality of this woman. She told Hubby that the smoke extinguisher did not work. He took it down to look at it. Instead of a 9v battery, there were 2 AA batteries squished in side by side. I wonder why it didn't work?

So, has anyone got any advice about how I should deal with this? What are the legal issues? Is it likely to be covered by insurance, I'm with NRMA, by the way?

Please Dazz, don't bother replying with your smug replies about the folly of Resi, that is antagonistic, not constructive.
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sash said:
I think you should have a close look at your PM....does she do regular inspections? Why wasn't this picked up?!
Click to expand...
As I said, this was picked up in a routine inspection.!
As for claiming in LL...you may find that they may rule that it was an existing issue if the draining is not connected correctly.!
Click to expand...
No, this is a building insurance issue. Tenant has been there for some time, so I am assuming that the pipe was knocked out of the one comming up from the ground as the two were "connected" in the cavity between the floor and the cupboard, behind the kickboard. There was no way you could tell they were not connected properly.!
Rather than getting emotional...work it out in a firm unemotional way and get your PM to put everything in writing so there is no confusion.!
Click to expand...
Emotional?:confused: I'm not emotional. Everything is documented.!
Also remember...whilst you live a certain way....other people may not live the way you live! It is an investment property after all....having said that you do need to be tough to get the tenants to meet some minimum standard on the upkeep of the property. !
Click to expand...
Have you not read my posts? I'm always tough on tenants and well & truely understand the way some of society live.:D
 
So on a day to day level skater, is the Tenant still using the premises, with smelly stuff going everywhere, or has the plumber re-connected the two plumbing mis-fitting pieces with some sort of "reducer" such that it is a snug fit and doesn't leak ??
 
Skater....would be interesting to see how you go with NRMA.

I have found in the past that policies that are not tailored to the investment market like Honan, CGU, EBM have a lot of weasel out clauses.

Don't take this is the wrong way....you seem to have a lot of headaches in your property portfolio. Can I ask where they are?

....and finally....honey works best with people.....;)...I had an inspection while up in Qld and found that the tenants were not looking after it well. Got the RE to fix the issues....so far so good.

skater said:
As I said, this was picked up in a routine inspection.!No, this is a building insurance issue. Tenant has been there for some time, so I am assuming that the pipe was knocked out of the one comming up from the ground as the two were "connected" in the cavity between the floor and the cupboard, behind the kickboard. There was no way you could tell they were not connected properly.!Emotional?:confused: I'm not emotional. Everything is documented.!Have you not read my posts? I'm always tough on tenants and well & truely understand the way some of society live.:D
Click to expand...
 
sash said:
Skater....would be interesting to see how you go with NRMA.

I have found in the past that policies that are not tailored to the investment market like Honan, CGU, EBM have a lot of weasel out clauses..
Click to expand...
I've had no problems so far, however this will be the largest claim..

Don't take this is the wrong way....you seem to have a lot of headaches in your property portfolio. Can I ask where they are?.
Click to expand...

Predictably, the more properties you have, the more trouble they will be. I have more than 1 or 2, I also have them in multiple areas..
....and finally....honey works best with people.....;)...I had an inspection while up in Qld and found that the tenants were not looking after it well. Got the RE to fix the issues....so far so good.
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Sheesh!! I haven't told the tenant that she is an idiot, despite the fact that she is.
 
If it is any help I have more properties than fingers (and yes I have 10 fingers;)) .

So far I have had to only make 1 major claim and 2 smallish claims (handled by RE).....all this over 10 years...touchwood my luck continues.

skater said:
I've had no problems so far, however this will be the largest claim..



Predictably, the more properties you have, the more trouble they will be. I have more than 1 or 2, I also have them in multiple areas..
Sheesh!! I haven't told the tenant that she is an idiot, despite the fact that she is.
Click to expand...
 
Up rent by $50-80pw

win win, if she stuff it more u getting paid 4 it.

+ when she leaves claim tenant insurance.

If she moves out you got your desired result.
 
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