tenant compensation

[pulse]

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/act/ACTRTT/1999/23.html?query=^tenant%20injury

This really annoys me...

these tenants stayed for 7 years and then were awarded $3750 when it was decided they didn't maintain the place properly.

unbelievable... you are allowed to move out...

pulse

 

[GoAnna!]

The rent went up only $15 per week from 1991 to 1998.

I think the landlord made some mistakes in this situation.

They allowed the tenants to live undermarket for years and did not evict them / not renew their lease when they had the chance.

I presume the rent was below market (correct me if I am wrong). Given this they would have been far far better charging the appropriate rent and maintaining the property properly.

It would appear that they disliked the tenants on the basis that thye did not pay on time and therefore did not undertake repairs or improvements. The other side not meeting their obligation does not negate yours.

It would appear that they tried to be "nice" by providing such things as lawnmover which then left them obligated to maintain those items - which they failed to do. This meant the tenants not maintaing the garden become the landlords fault!

 

[GoAnna!]

Wow just did some more reading on that link.

She later said that she had `lay-buyed" some nice jewellery for about $500.00 a few months back from Goldmarks or a similar jewellery shop. The tenant could not remember the exact cost of the jewellery or whether she was in arrears with her rent at the time she purchased the jewellery.

Priceless

The overall message is that really crappy tenants are getting away with it because the landlord (usually represented by a PM) is not follwing the letter of the law. No calculating days correctly etc.

I can't imagine how frustrating it must be to be before the tribunal to discover that your PM has let you down.

 

[sailor]

I think the PM has a lot to answer for.
In this case, could the owners sue the PM for breach of contract?
Would the owners be covered by their LL insurance for having to pay the tenants?

 

[evand]

Don't forget that our tenants are our valued customers.

 

[handyandy]

With that level of complaints from the tenant, particularly about items like carpets, light fitting stove etc it would appear that the property was in a fairly run down state.

It also appears from various correspondence that the landlord was leaving any repairs up to the agent. For instance, the agent simply sent an electrician out who replaced light fittings with a bayonets. Not a good look.

So all up this property was deteriorating from a bad initial state.

Personally I would have had the stove replaced but as soon as it came to carpets I would have evicted the tenant ready for a reno.

Cheers

 

[wylie]

$295 weekly rent in 1992 seems high. I wouldn't have thought it was under market back in 1992, but curious to know from others whether this was high rent for 16 years ago?

 

[handyandy]

$295 weekly rent in 1992 seems high. I wouldn't have thought it was under market back in 1992, but curious to know from others whether this was high rent for 16 years ago?

I would have thought it was high rent but then again it read like it was a fairly large house in Canberra where the owners then moved for overseas postings.

So really it appears that the owners became accidental landlords and were having a good time overseas. But maybe I am reading way to much into it.

The case certainly reminded me of one of my tenants who was in place for close on 10 years. This tenant was always complaining about something. I think I also replaced the stove whilst they were there and we certainly replaced the water heater whilst they were there.

We updated the 2 br flat attached to the house (this is my fire wall scenario) including recarpeting it and low and behold the tenant in the main house comes through with a request for new carpets. They were also always late with the rent and were difficult whilst we were upgrading the 2br unit. So enough was enough and I evicted them and reno'd the house. (just a repaint and general tidy up.)

I really don't like complaining tenants and will rather have no tenant then put up constant winging. It would appear that this may be a good philosophy and keeping the complaining tenant in place can come back to bite you.

Cheers

 

[GoAnna!]

It was let partially furnished though including lawn mower? It mentioned the tenants did not use most of the furniture. I would have thought that was neither here nor there if they let it partly furnished.

I wonder if they relet unfurnished?

Yeah sounds like the landlord may have walked out leaving their home pretty much "as is" an maybe they had trouble understanding the tenants' complaints as they had lived in the house in this condition themselves?

I know I put up with standards in my house that most tenants never would.

 

[wylie]

I agree GoAnna. We also let things "slide" because it is only me generally who complains about things that are not working as they should. Hubby installed a new dishwasher several weeks ago and the levelling timber he placed on top of the machine had slipped out of place, so it was tipping forward enough for the top drawer to slide out when I slid the bottom drawer out.

I told him bout it about two weeks ago and he said he would fix it. Last night when it slid out yet again, I was obviously in a tetchy mood and said quite loudly "I suppose I will have to get a man in to fix this dishwasher".

Fixed now .

 

[GoAnna!]

I agree GoAnna. We also let things "slide" because it is only me generally who complains about things that are not working as they should. Hubby installed a new dishwasher several weeks ago and the levelling timber he placed on top of the machine had slipped out of place, so it was tipping forward enough for the top drawer to slide out when I slid the bottom drawer out.

I told him bout it about two weeks ago and he said he would fix it. Last night when it slid out yet again, I was obviously in a tetchy mood and said quite loudly "I suppose I will have to get a man in to fix this dishwasher".

Fixed now .

Hahahahaha mine hs been like that for years

It's only house visitors that get a surprise then they go to use it.

 

[LynnH]

I told him bout it about two weeks ago and he said he would fix it. Last night when it slid out yet again, I was obviously in a tetchy mood and said quite loudly "I suppose I will have to get a man in to fix this dishwasher".

Fixed now .

LOL, Wylie! Will have to try that one next time!

Mine is usually along the lines of "Before you go to golf, darling, I have some things that have to be fixed" - then hit him with a list of things he has been putting off doing!! Usually results in subsequent jobs being done straight away!

Cheers
LynnH

 

[marg4000]

I agree that the PM has a lot to answer for. Their condition reports seemed to vary wildly from one inspection to the next.

But it appears that the tenant and landlord got themselves into a Catch 22 situation - the tenant paid rent reluctantly because of the condition of the property, and the landlord was reluctant to do repairs because the tenant paid the rent late.

All of this could have been avoided if the owner had kept a closer eye on their property.
Marg