Tenant demands: asbestos and other demands

Hi Somersofters,

I have recently bought an IP in Reservoir and have luckily rented it out. The place was rented through a REA with a tenant with supposedly good references.

Since moving in two weeks ago there have been a few demands relayed from property manager

1. The tenant has removed a nail and reported what they think is asbestos and want to know what material used in house. I do not know and have not dome a pre purchase inspection. Does the tenany have recourse to making me remove all asbestos or move out? ots is an older style commision home so I guess many older houses had this. The tenant has removed it due to safety however I am a but upset if its caused any damage.

2. They have asked qhen I last checked carbon monoxide readings in ducted heater. Again i do not know. Do I have to get this done also?

3. There wasa loose window so I have getting fixed from quotea for REA.

4. Loose bricks in front of house On pavement. Again I will look to fix this myself However feel its a bit precious

5. They report the air cooler to not be qorking but am sure it was when worked it before. Again will have to check

they have signed a one year contract at a good rate however are incessant withh the requests to the property manager. Is this very normal to have so many issues so early on? Can I bring up concerns to property manager who should be a mediator?

thabks in advance
 
Asbestos and carbon monoxide are serious issues - make sure you action this stuff. get a CO alarm installed in every room where there is a gas heater.
Don't know the requirement about Asbestos but if present, it might poses a health risk to the tenant.

There are all kinds of tenants: Some are great and look after the place, some are always requesting new things and repairs and such and you can't wait for them to get out fast enough.
 
Why did they remove the nail and what are you going to do about it? Every old house has asbestos in it, if they want to live in a house free of asbestos, tell them to go and pay premium rent.

Is the ducted heating gas or electric?
 
My reading - not legal advice, nor authoritative - is that if it's in good condition - e.g. whole, sealed with paint, etc. - then there's no obligation to do anything, but if it's crumbling, unsealed, etc., then it should be removed as a matter of urgency:

http://www.asbestos.vic.gov.au/in-the-home/for-tenants

Your gas heater should be serviced at least every two years, and I assume carbon monoxide testing would be part of servicing. If you haven't had it serviced in the last two years, then I think you should do so.

http://www.consumer.vic.gov.au/businesses/licensed-businesses/estate-agents/running-your-business/property-management

Be aware that the tenant may not be as demanding as you assume. When we were renting recently, we reported a bunch of things on move-in day, not because we wanted them fixed, but because we didn't want to be held responsible for them at the end of the lease. Items such as the loose bricks may be an example of that; that was the kind of thing we wanted noted but didn't necessarily care if it was fixed. We even said to the agent "we don't care if it's not fixed, we just want it noted", but they insisted it had to be repaired.

Having said that, the PM may be thinking of your public liability insurance and trip hazards. If you knew there were loose bricks and didn't fix them, and the tenant's visiting grandparent fell and broke a hip and ultimately died :eek:, you are probably legally liable and not covered by your public liability insurance.
 
Why did they remove the nail and what are you going to do about it? Every old house has asbestos in it, if they want to live in a house free of asbestos, tell them to go and pay premium rent.

Is the ducted heating gas or electric?

Agree with this but you may need a builder to confirm its not breaking apart etc
Regarding the loose paver I would tread very carefully as they sound like those kind of tenants waiting for something not to be repaired immediately whether there is a problem or not. If someone slips anywhere there is a good chance they will blame the pavers and you will have a claim to deal will, it wouldn't be much fun.
It might be precious on their behalf but risk mitigation needs to be your priority IMO
 
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If there is a claim you may find the insurance company hiring a private investigator to examine your emails etc to determine whether the problem was adequately addressed :eek:
 
Thank you very much guys.

I will look to talk to the PM regarding organising a gas heater service and look into the asbestos issue. The house is in good condition comparatively and will not be disturbed so I think I should be ok.

I will also look to have the paving fixed as a matter of urgency.
 
I do not know and have not dome a pre purchase inspection.

An inspector may not even have called it out. I got my last place inspected by one of the most well recommended inspectors on this forum (they actually are really good, I've used them many times before) and it was never mentioned in the report. It was only when I talked to him on the phone did he let it slip. He said it so casually I was surprised. I asked - why did he recommend we paint the chip in the side of the wall? He said "oh because it's asbestos, you just need to seal it". I was like what??? Firstly he was so casual the way he said it that it took me by surprise. Secondly as aforementioned it wasn't even on the report. I thought this would be something they'd be calling out in all caps! He said it's because it's not a big deal and it's in all old homes. I didn't realize until then that if it's not seriously damaged then it's actually nothing to get worked up over. Your tenant is just being precious as you said. Plus why is he pulling out nails without your permission? I'd start with that.
 
As others have said ACM is not hazardous unless damaged. Touch up paint is in order.

Hugh72, re: loose paver - 'tread carefully' - was that intentional? ;)

Gas issue, your PM should be advising you of your obligations - if testing or monitoring is mandatory, then you will need to comply.

Air conditioning - is it operator error/lack of manual or broken? PM should sort it outpossibly when the handyman goes to the site ie turn it on & confirm that there's nothing wrong.
 
Asbestos is a normal building material so you do not need to do anything about it unless it's damaged.

Test for CO - use a trades person that does this not a kit from bunnings because if it's challenged at tribunal your bunnings invoices will not hold up as action taken.

Fix everything else
 
Why did they remove the nail and what are you going to do about it? Every old house has asbestos in it, if they want to live in a house free of asbestos, tell them to go and pay premium rent.

Is the ducted heating gas or electric?

exactly, these are the sort of people who look at a 15 year car who youve descrbied as average condtion turn up and say "OMG, what do you mean there is a scratch on the car, OMG!!!!!!, how can I live with it................. will you accept 50% off asking orice?"
 
On the subject of CO testing. What do you think is best :

1) Have heater tested for CO emissions every two years
2) Install CO alarm in rooms with gas appliances with 10 year batteries.
 
A mains powered smoke AND CO alarm with battery backup is best practice. Testing a heater is not a failsafe option but may avoid allegations of death by negligence.

Any unflued gas heater produces harmful CO emissions. Ditto a blocked chimney.

If the heater is theirs they can consider servicing it at their own expense and/or opening a window if its unflued. If its your heater then you should have it checked each 2 years.
 
An inspector may not even have called it out. I got my last place inspected by one of the most well recommended inspectors on this forum (they actually are really good, I've used them many times before) and it was never mentioned in the report. It was only when I talked to him on the phone did he let it slip. He said it so casually I was surprised. I asked - why did he recommend we paint the chip in the side of the wall? He said "oh because it's asbestos, you just need to seal it". I was like what??? Firstly he was so casual the way he said it that it took me by surprise. Secondly as aforementioned it wasn't even on the report. I thought this would be something they'd be calling out in all caps! He said it's because it's not a big deal and it's in all old homes. I didn't realize until then that if it's not seriously damaged then it's actually nothing to get worked up over. Your tenant is just being precious as you said. Plus why is he pulling out nails without your permission? I'd start with that.

Whilst asbestos is considered relatively safe provided it is bonded and sealed,i.e. there is no escape route for fibres,I am still surprised that your Building Inspector did not report on its presence to ensure that you,your family or any visiting tradesmen were aware of the possible danger if it is disturbed.
 
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