re; replacement of hot water system via tenant request

I recently found out, that my tenant rang the emergency plumber to replace a burst hot water system. Do I get any say in this ? and in terms of the cost, which I'm yet to find out, can the plumber charge anything they want ? or is there a maximum agreed price ?
 
How did that happen, it should have gone through your PM who would have looked at your instructions and realised anything over $XXX required confirmation by you. (ours email all requests out of courtesy anyway)

What if you planned for a gas one or solar?

Dave
 
I would suggest that the plumber can't charge whatever they like as they performed unauthorised work. If I were a plumber, I'd be wanting to make sure that the person on the other end of the phone actually had the authority to arrange for the work to be performed.
If the plumber tries to screw you on the price, tell him/her to go talk to the person who authorised the work and see what sort of response you get.
Sounds like neither the tenant or the plumber are the sharpest tools in the drawer.
 
Depending on your state below is an extract from Consumer Affairs (Vic) If your property is managed by an agent they should have supplied the tenant an emergency contact number so you need to know if they contacted the agent and what the agent did about the issue. If the agent did nothing then the tenant may be within their rights to go ahead and have fixed themselves and seek reimbursement.

Urgent repairs are those that affect safety or security. This can also include the failure of an essential service. In these cases, first contact the landlord or agent to fix the problem, but if there is not response you can organise repairs yourself, up to a maximum amount of $1000. Your landlord then has 14 days to refund the money. These repairs can include:
Burst water service
Blocked or broken lavatory system
Serious roof leaks
Gas leaks
Dangerous electrical faults
Serious storm, fire or flood damage
Serious fault in a lift or staircase in the rented premises
 
As callander has said, it depends on your state as to what is defined as "emergency repairs". In some states, hot water is deemed "essential", and in others it isn't.

What does the lease say?
 
I recently found out, that my tenant rang the emergency plumber to replace a burst hot water system. Do I get any say in this ? and in terms of the cost, which I'm yet to find out, can the plumber charge anything they want ? or is there a maximum agreed price ?


You need to provide more details if you want to receive the correct advice!

what state is the property located in?

Does the lease have urgent repairs procedure in it - that is does it say to contact the agent or landlord, does it have prefered tradespersons contact details on the lease?

Were these instruction followed if present? or did the tenant simply arrange for the first after hours he was able to reach?

What was to cost? have you compared this to what other plumbers would have cost - giving cosideration to the same time (could have been after hours)?



Like everything plumber operate in a free market, their prices are not regulated meaning the plumber can charge anything.
 
Thanks people. I will try to look over the management and lease agreement tonight. I'm in Victoria. I've only recently been notified, a few weeks after the fact. The property manager didn't seem to want to tell me what it cost over the phone, and was going to mail out the invoice for the work done.
 
I checked the management agreement and it says $1,000 is the limit for urgent repairs, so I guess that's that.

I had a copy of the Victoria Residential Tenancies Act 1997 Act No. 109/1997

I found a section on urgent / emergency repairs

Division 6--Repairs and maintenance

72. Urgent repairs
(1) A tenant may arrange for urgent repairs to be carried out to the rented premises if--

(a) the tenant has taken reasonable steps to arrange for the landlord or the landlord's agent to immediately carry out the repairs; and

(b) the tenant is unable to get the landlord or agent to carry out the repairs.

(2) If the tenant carries out repairs under sub-section (1)--

(a) the tenant must give the landlord 14 days written notice of the repairs carried out and the cost; and

(b) the landlord is liable to reimburse the tenant for the reasonable cost of the repairs or $1000, whichever is less.

(3) If urgent repairs are required to an item that uses or supplies water and that does not have at least an A rating, and that item cannot be repaired, the tenant may replace it with an item that does have an A rating.

(4) This section does not apply to fixtures, furniture or equipment supplied by the tenant.

Thus it looks as though $1,000 is the minimum maximum so to speak granted to the tenant to have urgent repairs carried out.

It seems that the other issue is, do I want myself to be that first emergency contact and nominate my own repairer. Alternatively nominate my own repairer as the emergency contact and have them agree that they will contact me at the earliest opportunity regarding repair work to be carried out. i.e. by mobile as soon as they get the call. It appears that perhaps I can take more control of this aspect.
 
That is what your property manager is for, the agent phone numbers should be provided for emergency/urgent repairs not the landlord.

Did the tenant call the agent about the hot water service?
What did the agent do if the tenant contacted them?

There are some guidlines a tenant needs to follow as per my previous post. They must contact the agent first and if the agent/owner does nothing about the problem then the tenant can arrange to have fixed. They cant just decide to bypass the agent and do what they like.
 
I can only presume the tenant tried to contact the agent at this stage. However the agent told me their office only just found out about it, from the tradesmen's invoice sent weeks after the work had been done. Anyway I'm just weighing the options. Sometimes one wants a bit more control over situations, even when paying someone else to manage things.

Another situation arose where I would have paid 3 times the price for window repairs, if I had not intervened myself, if I had accepted the quote provided to the agent. They basically over quoted, by quoting for more work than what was really needed. I've since had the window repairs done for a third the price by speaking directly to the tradesmen and carrying out a few tests he suggested . i.e. to more accurately identify the parts that actually needed replacement, rather than replacing everything in sight. i.e. instead of the whole frame, it was only the sash that needed replacement. It seems a bit like a scratched bumper bar replacement, with a small scratch and they replace the whole bumper. So I guess it's a case of once bitten twice shy and thus being a bit more cautious.
 
I had a similar issue where I knew that an aircon was broken after a phone call from the PM. It was likely original equipment.. 15 years old. Anyhow I told them yeah I'll handle it.. my max unauthorised expenditure for the PM is $100. So I made some calls and it was around Christmas time so people on holidays and very busy time middle of the wet season.. finally organised someone and he went out (about 10 days later) and installed a new split system. A few weeks later, I got an invoice from the PM where they had organised a AC guy to have a look AFTER I'd already orgnanised a new install. The description of work read 'Removed AC from wall, inspected, found major problems, placed back in wall - waiting for further inctructions"... The airconditioner was 15 years old and past its use by date.. I didn't need the PM to spend $88 to know that!
 
We were renting a few years ago and our landlord self managed. One day the toilet overflowed, everywhere! Revolting. Of course she did not answer her mobile phone, and after perhaps two hours I tried again then called a plumber to clear out the system. She rang two days later and was absolutely furious, even when she heard I had to do a major clean up of sewage. Then she said next time to call the plumber on the list - what list was that I asked. She had forgotten to give it to me!

The blockage was caused by huge tree roots that had grown into the pipes and almost to the S bend! And the bathroom was almost brand new so goodness knows what happened there! You could make horror movies about things growing up the s bend!
 
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