Really difficult tenants--any advice?

Perp: Yes, they now have five children, all young. They say that 50 degrees is dangerous with small children. Beachgurl: a mutual termination might be a good idea. First I will give them the 26 weeks notice.
The Public Health Association of Australia say that 50C is fine for domestic situations. But perhaps bolstering their position, schools and child care centres have to have their water set no hotter than 43.5C...

Public Health Association of Australia Hot Tap Water Temperature and Scalds Policy

How much does a tempering valve cost? (Not because I'd consider it to keep the tenants happy, but to avoid the possibility of a lawsuit.)
 
Wow, what picky tenants, what awful luck. Hope they stay in Canberra if thats where your IP is. Ive got to say Ive been pretty lucky -usually just big maintenance stuff that comes up. I generally say no to anything that isn't necessary. Once tenants vacate I go through and make sure everything looks neat and tidy and in good repair for the next lot.
Cheers nat
 
If the tenant has a business name registered as operating from the rental address, is that breaking a residential lease? Am I able to evict them based on that? If the lease says that cars and vehicles are NOT to be parked on the nature strip or a garden bed, and I have photos of both, is that enough to evict them? My PM said no.
 
If the tenant has a business name registered as operating from the rental address, is that breaking a residential lease? Am I able to evict them based on that?

Is he actually operating the business from your IP? Business setups can be complicated. I work in a commercial premises that I lease but ASIC has the business registered at my home address. Cheers, nat
 
If the tenant has a business name registered as operating from the rental address, is that breaking a residential lease? Am I able to evict them based on that?
If they're just receiving mail there for the business, that's unlikely to even be a breach, let alone a breach that's serious enough to warrant eviction.
property_girl said:
If the lease says that cars and vehicles are NOT to be parked on the nature strip or a garden bed, and I have photos of both, is that enough to evict them? My PM said no.
I agree with your PM, sorry. It only warrants sending them a letter or breach notice reminding them not to park there. It may warrant claiming some amount for grass repair. I can't imagine it's adequate to warrant eviction.
 
thanks

Thanks everyone for your sage advice/thoughts. I have contacted an experienced pm asking her whether she would be willing to take on management of my property and to get rid of the tenants. thanks duvelaky for the advice about the tempering valve. I will check that out.

This is also what I found:
A RheemPlus water heater will not deliver temperatures exceeding 50?C, in accordance with AS 3498. There is no statutory requirement to fit a temperature limiting device if this water heater is installed in other than an early childhood centre, school, nursing home or a facility for young, aged, sick or disabled people.

Of course, that doesn't mean that the tenant won't argue that he needs a temperature control as, with five kids, he may as well be running an early childhood centre. I have no doubt that if it is set at 45, he will still complain.
 
This happens a lot in Canberra. Tenants are generally across the legislation and bully the PM and owner frequently into carrying out unnecessary maintenance or improvements on the property. In instances where this happens we send our the Company Director or Principal Licensee to the property to meet with the tenants - they usually get a very blunt "You are being ridiculous and are not entitled to anything you are requesting" direction from the Principal which tends to work. If they threaten to go to ACAT then let them - it will cost them to lodge an application and time off work so they are unlikely to proceed (we find a lot of tenants threaten and then never go through with it when you stand your ground). If it does go to the tribunal then your Agent should be easily able to defend against the claims.

We introduced an online maintenance system where owners received a text and email each time a maintenance request is lodged and we don't spend a cent of an owners hard earned unless we have approval prior.

We find tenants that have come from Defence Housing or that have been transferred to Canberra for work and don't want to be here take the above approach, their expectations (usually set by DHA) is that if you complain enough you will get whatever you want - we are familiar with dealing with these types of issues.

Your Property Manager's job is not to be loved by the tenants but to ensure the property is being maintained, that your investment is sound and that the tenants and owner are both complying with all of the relevant legislation. This isn't about trying to placate the tenants, it's about ensuring they understand what they are entitled to and what you as the owner are obliged to do.

Happy to have a chat if you want more information - I've sent you a private message also.

Kind Regards

Chris
www.distinctpm.com.au
 
Chris, that is exactly what has happened. This tenant worked for defence and they got their rent subsidised by DHA. I know that he was having a big fight with DHA when he moved in because DHA was trying to put him and his family in a home that he wasn't happy about. It seems to me that Defence personnel seem to think that the more they bluster, bully and coerce, the more it will get them. They live in a very hierarchical environment where the toughest get to be top dog. In the real world, people don't like being treated like that.
 
I'm fired up just reading what the tenant is asking and complaining about. Tell them if they are not happy, you can find another place or buy your own dam place. Do not extend their lease. Kick them right out when it finishes.
 
Agreed. Makes me think there might be a market for me working privately for landlords as a residential tenancy solicitor. (probably not though)
Ha! You'd also have to deal with the landlords who seem to have the attitude: "Fix the hot water on a SATURDAY! The tenancy agreement didn't mention that they had a right to hot water 7 days a week, screw 'em!" :rolleyes:
 
thanks Mightywill and Thatbum. These tenants are the worst. But there are also some really good tenants--I know because I have had them. Perp: I have never come across a landlord who thinks that the tenant should go without hot water for a day. I support the decision to install a new hot water system on Easter Sunday. What I don't support is the tenant's demand that it be temperature controlled. A landlord wouldn't have a choice as to whether a tenant goes without water for a day--the law is the law. I know plenty of landlords and not one of them is unreasonable.
 
Perp: I have never come across a landlord who thinks that the tenant should go without hot water for a day. I support the decision to install a new hot water system on Easter Sunday. What I don't support is the tenant's demand that it be temperature controlled. A landlord wouldn't have a choice as to whether a tenant goes without water for a day--the law is the law. I know plenty of landlords and not one of them is unreasonable.
Oh, you're clearly not one of them! I wasn't suggesting that at all. Just an aside to thatbum; we've both been on other threads where they've certainly shown up. But no, that wasn't directed at you at all; you've been more than reasonable. :)
 
The one thing that should be said .

Don't despair . Things will get better . It's a learning process .

Next time a pm rings you with a silly request you'll know exactly what to say .

Cliff
 
I am baffled that you would allow a tenant to take up your carpets and lay other bamboo flooring. This absolutely absurd request should have been the biggest red flag that you have nuts for tenants. My number one rule is that the tenant does not change a thing. I manage my own properties and do this so I can look them in the eye and say before they sign the lease This is the property. This is it's condition. Please go through the house once more and check that it is exactly what you want. I make it clear I will do any necessary maintenance (which doesn't include changing wall colours, curtains, flooring, screen door additions and that they can't do it either) My properties are leased for a little under market price therefore they are snapped up in a few days and I never hear from any of them.
 
I feel for you. Try and not stress (easier said than done) and things will get better.

As someone said start saying No. Don't be afraid of the Tribunal - i think the tenant is a Bully and is trying to intimidate you and it is working. If the request is not reasonable say NO and at least the PM will have to do something by going to Tribunal. Bullies only back down if you stand up for yourself in a reasonable and assertive manner.
 
Wow, I do feel for you. Sadly the PM should have sought assistance from someone in the office, perhaps the Principal, to have stopped this getting out of hand. Perhaps arrange to have a meeting with the PM and the office Principal to develop a going forward strategy. At the end of the day, yes it is their job to "manage" this for you, not just roll over to the tenants demands. I do know that our paperwork clearly states, the tenants take the property as is, and they are happy with it, so to "try on" things were not right after, just does not fly. As someone else has said, after you have confirmed you position, let them take you to the tribunal, however it will require someone from the office with experience to attend on your behalf. At the end of the day, perhaps the best strategy is to just sit tight, and wait for the tenancy to expire, and go back to good tenants. Perhaps this is a wake up call for Canberra landlords, not to take on defence tenants, outside the defence housing plan.
 
Priorities .....

Your first priority is your own health. Clearly at risk. So, find out what notice you have to give and give it. You'll immediately feel better. Then just say NO . You've been a landlord for 30 years and this is your worst. Then let the old landlubber tell you that you have been soooo lucky. Just one ....? in 30 years ? Oh how I wish ! LL
 
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