Add to the lease all pets are to remain on the ground or in the house (if you allow them in the house)
Tenants just moved in sent us a breach notice!
- Thread starter Olive
- Start date
Add to the lease all pets are to remain on the ground or in the house (if you allow them in the house)
I'm chiming in a bit late, but in my opinion, this is a crock of crap. Personally, OK, SOME compensation (i.e. one week free rent) is reasonable. I hope this never happens to me with one of my tenants...it would be a rather unpleasant experience for them ...*wink, wink*, *slices throat with finger*...
I'm afraid I have to agree with spanket on this one. The tenant had arranged for electricity to be connected; it's not their fault that the property had a potential hazard. (This was the electricity company's view, not the tenant's, remember!)
As for perishables, I've had a substantial volume of perishables with me every time I've moved, which I've moved in eskies. I always have a full freezer and fridge, and whilst you can reduce stocks a bit, there's still hundreds of dollars' worth of sauces, frozen meat, etc, which I inevitably have when I move. If I were the tenant, this could very well have cost me $460. And the electricity companies do compensate you for lengthy outages, actually.
I'm not saying that the particulars of their claim are justified. All I'm saying is that this would have been extremely inconvenient for the tenant, and it wasn't the tenant's fault; it was the landlord's problem to fix. I think the days off work and hotel are a bit excessive, but as somebody else pointed out, your emergency electrician may not have been much less.
They definitely should be compensated, and I don't think they're being ridiculously excessive in what they ask. And whilst they should have called out the after-hours electrician as per the lease, bear in mind that the landlord hadn't yet signed the lease, so they probably hadn't been given a copy.
All in all, given that Olive had at least "two strikes" against her - for not having the signed lease in place, and for having a problem with the property - I think I'd be inclined to assume the tenants' request is in good faith and offer them some reasonable compensation (probably around $300 would be my guess).
Way too many problems are created when people discard the assumption of good faith too soon. Just as the tenants should not assume that Olive tried to let them an uninhabitable property, we shouldn't assume that the tenants are being too demanding and are going to be problematic.
We have had a few tenants move in before the power was hooked up.We never offer them any compensation.They certainly never move in without a signed lease. It should be the PM who should be compensating the tenant, if anyone should.
Who gave the tenants the keys?
Also, when did the tenant notify anyone there was a problem. From memory, it was on a Monday.Problem was fixed on a Monday.
Start the rent when they sign the lease. Problem solved.
Who gave the tenants the keys?
Also, when did the tenant notify anyone there was a problem. From memory, it was on a Monday.Problem was fixed on a Monday.
Start the rent when they sign the lease. Problem solved.
Face it if $460 covers a night in a motel, meals and 2 days pay .. then these people cannot be earning all that much money.
This cost is obviously big bikkies to them, I do feel sorry for them .. but I have to agree with the others that this was a lot of their own making.
No way should they both have taken the day off work.
They shouldn't have signed the condition report if everything was not ok - has anyone considered the condition report done when they moved in?
A weeks rent is fair compensation in my books... If it was me and I had offered that and been served with a breach notice the first thing I would do is communicate that I withdraw the offer.
Make them take you to the tribunal. It's part of the PM's job to defend you there heaps cheaper than a lawyer.
However do not get a laywer involved .. $460 will seem cheap at the end of the process if a lawyer is involved!
cheers
RightValue
This cost is obviously big bikkies to them, I do feel sorry for them .. but I have to agree with the others that this was a lot of their own making.
No way should they both have taken the day off work.
They shouldn't have signed the condition report if everything was not ok - has anyone considered the condition report done when they moved in?
A weeks rent is fair compensation in my books... If it was me and I had offered that and been served with a breach notice the first thing I would do is communicate that I withdraw the offer.
Make them take you to the tribunal. It's part of the PM's job to defend you there heaps cheaper than a lawyer.
However do not get a laywer involved .. $460 will seem cheap at the end of the process if a lawyer is involved!
cheers
RightValue
If the power was connected when the previous tenant was there and now the electricity company decides its not safe how was Olive to know and anticipate this?
These tenants are trouble. Anyone who starts asking for compensation from someone they just met is kidding themselves. I once had a tenant say "I'm paying you good money for blah, blah blah.." prior to him paying me a cent. How on earth do they think you need to pay for them to eat out?
Tell your PM that you will give them 3 days rent free for when the property was not habitable. You fixed it as soon as you found out.. that is your only obligation.. this was not forseeable in any way. Send them a very detailed letter explaining this.
Cheers
Pulse
These tenants are trouble. Anyone who starts asking for compensation from someone they just met is kidding themselves. I once had a tenant say "I'm paying you good money for blah, blah blah.." prior to him paying me a cent. How on earth do they think you need to pay for them to eat out?
Tell your PM that you will give them 3 days rent free for when the property was not habitable. You fixed it as soon as you found out.. that is your only obligation.. this was not forseeable in any way. Send them a very detailed letter explaining this.
Cheers
Pulse
If the power was connected when the previous tenant was there and now the electricity company decides its not safe how was the tenant to know and anticipate this?
If the power was connected when the previous tenant was there and now the electricity company decides its not safe how was the tenant to know and anticipate this?
I agree with Pulse. 'Stuff' happens and it's no-ones fault really. Things wear down and break through normal use even with regular maintenance. In fact, tenants use that 'normal wear and tear' to their advantage all the time. One should only be held at fault if they do not react to it in a timely fashion.
I mean if lightening struck the property and took the power out for a weekend is that the landlords fault?
However I know this situation all too well. A firmer PM helps out here. You want one that does more than just acts as a 'relay' of information. The fact that you've got a PM who 'umms' and 'ahhhs' at these tenant requests will encourage them to be unreasonable like this.
I had to foot the bill for damage to a wall that a 'handyman' (apparently) did a year prior that was discovered/first reported during move out. They did not report it at the time, it was not noted on the condition report prior to moving in yet I had a softy PM and had to pay for it. I can guarantee you I didn't do it (and the handyman was my Dad and he definitely didn't do it either).
Which I should add in this case was the tenant for not reporting the incident.
Tenants not happy w rent free now take legal action!
Hi all,
Hope everyone had a good Christmas break.
Following up on the 1 week rent free compensation in regards to no power supply for the weekend. Tenants not happy with the compensation that our PM suggested and now possibly taking legal action.
We have done all possible to recify the problem within the same day and have offered them 1 week rent free.
Base on this, in what way the tenants can sue us?
Does anyone know in detail the VIC tenancy law?
Can anyone recommand a solicitor in VIC who is sharp and keen to deal with tenancy matter like this one?
Do we need a solicitor to speak on behalf of us?
Many thanks...
Hi all,
Hope everyone had a good Christmas break.
Following up on the 1 week rent free compensation in regards to no power supply for the weekend. Tenants not happy with the compensation that our PM suggested and now possibly taking legal action.
We have done all possible to recify the problem within the same day and have offered them 1 week rent free.
Base on this, in what way the tenants can sue us?
Does anyone know in detail the VIC tenancy law?
Can anyone recommand a solicitor in VIC who is sharp and keen to deal with tenancy matter like this one?
Do we need a solicitor to speak on behalf of us?
Many thanks...
http://www.consumer.vic.gov.au/CA256EB5000644CE/page/Renting?OpenDocument&1=910-Renting~&2=~&3=~
http://www.consumer.vic.gov.au/CA25...&2=20-Landlords~&3=30-Rights+and+Obligations~
Basically, any action will need to be taken by the tenants thru VCAT.
If you want the full act:
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/
Cheers,
The Y-man
Tenants also sent request of repairing...
Forgot to mention...
if that's not complicated enough, here is the side story:
Our new year present: PM sent us a list of things that tenant's mom (who is not the tenant and was staying there for a few days while the tenants away) that she is not happy about, including dirty glass door, cupboard doors not closed probably, broken light connection etc etc, some of which had been noted down on the Condition report. The list was received 1 month after tenants moved in. There are total of 9 items on the list. Our PM sent them a letter addressing some items already on the Condition report and for some of the items, repairing will be carried out accordingly (we did not agree to repair). Seems like our PMs are scared of the tenants....and seems like more money is forced to be spent...
Now add on top of the old story, the legal action towards our 1 week rent free compensation to the no power over the weekend....
What do you think?
Forgot to mention...
if that's not complicated enough, here is the side story:
Our new year present: PM sent us a list of things that tenant's mom (who is not the tenant and was staying there for a few days while the tenants away) that she is not happy about, including dirty glass door, cupboard doors not closed probably, broken light connection etc etc, some of which had been noted down on the Condition report. The list was received 1 month after tenants moved in. There are total of 9 items on the list. Our PM sent them a letter addressing some items already on the Condition report and for some of the items, repairing will be carried out accordingly (we did not agree to repair). Seems like our PMs are scared of the tenants....and seems like more money is forced to be spent...
Now add on top of the old story, the legal action towards our 1 week rent free compensation to the no power over the weekend....
What do you think?
Let me see if I get this right... for the sake of $160 ($460 they requested, less $280 you offered as one week's free rent), you're willing to risk going to the incredibly tenant-friendly Tribunal, who won't look favourably on you not having had a signed lease in place (and I assume not giving them the tenants' rights booklet, fine $500), have probably had to spend $160+ on necessary repairs that they're now being meticulous about (and that was predictable), and you have tenants living in your precious asset who hates your guts.
Was it worth it?
Was it worth it?
Whilst I would hate backing down, because I don't think you "morally" should, I agree with ozperp.
Right now, I would sling them $460 not to be handed over until they sign something that says there will be nothing more asked of you in this regard, get anything that really should be fixed done (except where it is noted on the condition report, and, of course, if it is something that NEEDS to be fixed) and GET THEM OUT AT THE FIRST OPPORTUNITY if they don't settle down.
I was going to say "get them out at the first opportunity REGARDLESS" but they may well settle down and play nice from now on, especially as they think they have "won", but who knows, they may turn out to be model tenants.
If not, don't renew when this lease runs out, but make sure your PM gets appropriate notices out, and make sure they don't slip behind in their rent. Make sure your PM issues the breach notices if they do.
My "inner" voice says fight this, but it is just not worth it if you can pay $460 to make the problem go away, (which is only a little more than you were prepared to pay anyway), but make sure they sign off on it.
Sometimes you have to "lose one battle" in order to win the war.
Right now, I would sling them $460 not to be handed over until they sign something that says there will be nothing more asked of you in this regard, get anything that really should be fixed done (except where it is noted on the condition report, and, of course, if it is something that NEEDS to be fixed) and GET THEM OUT AT THE FIRST OPPORTUNITY if they don't settle down.
I was going to say "get them out at the first opportunity REGARDLESS" but they may well settle down and play nice from now on, especially as they think they have "won", but who knows, they may turn out to be model tenants
.If not, don't renew when this lease runs out, but make sure your PM gets appropriate notices out, and make sure they don't slip behind in their rent. Make sure your PM issues the breach notices if they do.
My "inner" voice says fight this, but it is just not worth it if you can pay $460 to make the problem go away, (which is only a little more than you were prepared to pay anyway), but make sure they sign off on it.
Sometimes you have to "lose one battle" in order to win the war.
In agreeance completely. Pay the money, but not before they sign something saying that by receiving the money the issue is dead and buried.
Get everything fixed that needs to be fixed, dirty glass excluded.
Be on top of everything from now on, make sure all paper work is in place, the PM is up to speed. If they miss their rent just once, breach them.
Once the dust settles, leave it go, it's not worth the stress. They may try something again during the tenancy, they may not. If it were me, I'd have them out when the lease expires. Unless they dramatically change their attitude.
A lesson learnt here, me thinks.
Get everything fixed that needs to be fixed, dirty glass excluded.
Be on top of everything from now on, make sure all paper work is in place, the PM is up to speed. If they miss their rent just once, breach them.
Once the dust settles, leave it go, it's not worth the stress. They may try something again during the tenancy, they may not. If it were me, I'd have them out when the lease expires. Unless they dramatically change their attitude.
A lesson learnt here, me thinks.
olive, from what you say legal action is possible not definite?
i assume by now there is a signed lease?
tell me do you have a clause re who may reside in the property?
we do for ours. just wondering about you mentioning the tenants mother lived in the property while they were away?
so they have refused the compensation??
what do they want?
the list of maintenance is not unusual and can be dealt with by your pm giving the work to a tradesman to fix.
is part of the problem you seem to be getting the info 2nd hand from the pm who is in a different state? it really shoud not matter, but these issues need to be nipped in the bud before they escalate.
what reason did they give for both taking time off work?
good luck.
they sound painful i would not be renewing their lease.
what was their history, previous renters??
regards.
i assume by now there is a signed lease?
tell me do you have a clause re who may reside in the property?
we do for ours. just wondering about you mentioning the tenants mother lived in the property while they were away?
so they have refused the compensation??
what do they want?
the list of maintenance is not unusual and can be dealt with by your pm giving the work to a tradesman to fix.
is part of the problem you seem to be getting the info 2nd hand from the pm who is in a different state? it really shoud not matter, but these issues need to be nipped in the bud before they escalate.
what reason did they give for both taking time off work?
good luck.
they sound painful i would not be renewing their lease.
what was their history, previous renters??
regards.
I agree completely with the last few posts.
Just give in, for the sake of (hopefully) keeping the peace.
Definately get them out as soon as you can, no matter what!
Just give in, for the sake of (hopefully) keeping the peace.
Definately get them out as soon as you can, no matter what!
We didn't hear from the PM if the tenants accept the 1 week rent free offer but we didn't receive rent which was due last week so suppose they accepted the offer, just not enough.
According to PM, she has received a note from the tenant's mom with a list of things she's not happy about. We are yet to find out from PM whether it was just a note or a requested. Our PM has already treated it as a request promised them repairing will be carried out.
There is always a lease, tenants signed it, our PM signed it on our behalf. We need to sign it too.
We had the same question: Lease only allows the 2 tenants in the property, not the mom, apparently the mom stayed there while the tenants away.
We will treat the compensation and repairing seperately.
Do you think it is wise to find out ask them what they want?
We thought to offer them what they want in the first place but was quite concern this would let them walk over us which then they might still play the same game..
We are quite ready to get another IP, considering in Frankston again but this kind of put it off..
We are in another state where prices are 10 times and tenants are 10 times better.
According to PM, she has received a note from the tenant's mom with a list of things she's not happy about. We are yet to find out from PM whether it was just a note or a requested. Our PM has already treated it as a request promised them repairing will be carried out.
There is always a lease, tenants signed it, our PM signed it on our behalf. We need to sign it too.
We had the same question: Lease only allows the 2 tenants in the property, not the mom, apparently the mom stayed there while the tenants away.
We will treat the compensation and repairing seperately.
Do you think it is wise to find out ask them what they want?
We thought to offer them what they want in the first place but was quite concern this would let them walk over us which then they might still play the same game..
We are quite ready to get another IP, considering in Frankston again but this kind of put it off..
We are in another state where prices are 10 times and tenants are 10 times better.
