Tenant won't allow [immediate] access for repairs

[Will00]

Hey,

I have a question, and i'll try to keep it brief.

• My NSW tenant has reported a small leak from a kitchen pipe which in turn was affecting the carpet in an adjoining room.
• I immediately gave my agent to power to arrange a plumber/etc.
• This was reported Tuesday morn, but the tenant refuses to let anyone into the lot unless they are present, and they wont be until Thursday morn.

Now, truth be told, I'll be replacing the carpet/flooring anyways. but this is besides the point. My questions:

1. Can a tenant 'refuse' access for repairs. (or is there a minimum notice)?
2. If it is show that delays, by the tenant, resulted in more damage - is there anything i can do in this situation?
3. Any other comments you can make?

Thanks!

-Will

 

[Perp]

I believe you can enter your property without any notice, in order to prevent further damage. I don't think you'd have success going after the tenant for a greater level of damage; you should push the point and enter ASAP.

Of course you should check your legal position first; I'm not an expert. But I'm quite sure this would constitute an "emergency repair", so I'd advise the tenant that the plumber is going in this afternoon.

 

[The Fence]

What Oz said above....water leaking would constitute an emergency repair in my books.....If it were my place, I'd send in the plumber immediately...but I'd let the tenant know 1st though....

 

[Propertunity]

Yep, under NSW tenant legislation you can enter without permission to effect an emergency repair.

Good to see you posting again Will - and even better to see you purchased something. Cheers.

Of course I would not have purchased something that leaks (sorry - I hope it works out OK for you)

 

[jaycee]

He shold have had enough time to pack the hydro setup away by now anyway so go for it

 

[Will00]

Oi, I didn't know it would leak. Building inspection didn't pick it up.

Anyways,

Turns out it was a gross exaggeration. There was a leak, but it was minor. And, the tenants had had a plumber come in to fix it 2-3 times prior (before purchase). So when my plumber supplied by my new PM told me this, we called up the old plumber and got him to come out to fix it for free.

All in all, nothing bad.

 

[zaph]

what a df. if it's damaging your property i'm sure it's damaging their contents. like someonelse said they've had time to put the bong/porn/emails away so what's the issue?

 

[Jazza]

http://www.fairtrading.nsw.gov.au/pdfs/About_us/Publications/ft254.pdf

Point 8: For urgent repairs no notice is necessary.

Point 9: Urgent repair = water leak / fault or damage that causes the premises to be unsafe or unsecure.

Have a read of the OFT site: http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Being_a_landlord.html

It contains lots of basic legal doco's that tenants must be given and more for LL's.