Tenants Request To Pay Power Bill

[Hysteria]

I received an email from my PM last week:

The tenants have received a $1400 power bill from there electricity supplier for the last quater.

They have also requested that someone look at the hot water service as they have had to reset the thermostat every 2 or 3 days for the last 3 months. They think this is a the problem for the large power bill and have requested you pay $1000 as there normal bill is approx $400.

I organised my sparky to have a look. The hotwater unit is under the house and access is through the gate. He rang when he got to the house to ask me if the dog bites. There was no Pets on my Lease.

The thermostat was faulty and replaced for 140 Bucks. He said this would have caused the spike in power. If only the tenant reported this to the PM in the first place.

I told the tenant i will not be paying for any of the bill and please advise me straight away of any maintenance issues to prevent costs. And can you tell me why there is a dog at the house as there has been no mention of pets.

I am waiting PM's reply

 

[murph14]

Sounds like you're doing the right thing. Only if the tenant had requested the work and the PM not done anything would they be entitled to some sort of reimbursement.

If there is indeed a dog there, then you should decide if you will continue to allow it (amend the agreement). Keep in mind that tenants with dogs are usually better and stay for longer but pet almost always leaves some sort of damage.

 

[pennyk]

it may be worthwhile contacting the electricity company and asking them for concession due to hot water problem. I have had water company do this for water leaks.

 

[Hysteria]

it may be worthwhile contacting the electricity company and asking them for concession due to hot water problem. I have had water company do this for water leaks.

I contacted the electricity supplier. They wouldn't give me to much information because i wasnt the account holder but the person in customer service said nothing can be done about the bill due to the fault of the hot water service. They said its a problem that happens often, the thermostat plays up causing the off peak reading to go through the roof.

 

[Dazz]

they have had to reset the thermostat every 2 or 3 days for the last 3 months

...I disagree...

They could have easily written a small two line request after day 6 (with the event happening two or three times) to the PM to have it checked out.

Why they carried on like that for 90 days is beyond anyone's comprehension other than their own....it makes no sense and should cost them.

I know you are not in WA, but this would fall under section 43.1 (b) of the RTA ;

http://www.austlii.edu.au/au/legis/wa/consol_act/rta1987207/s43.html


It doesn't appear that the Tenant has provided reasonable notice to the Owner to effect the repair, and hence the Tenant is not entitled to any compensation.


Just having a gander thru the Qld equivalent, I couldn't see the particular section obligating a Tenant to give reasonable notice, but it was interesting to read section 192 (2) (c) on page 131 which states that having a pet on the Premises without permission from the Lessor constitutes a "significant breach" of the Lease.

I'd be using that as extra leverage, over and above the lack of formal notice regarding the faulty thermostat, to get the Tenant back in their box.

 

[angela1]

I wouldn't be reimbursing them either. They knew that the hws was faulty and didn't report it. If they had have reported it to the pm who didn't tell you about it, then they should seek compensation from the pm.

 

[Sez]

I had a very similar thing happen at a property I was managing. I didn't even approach the owner with the tenants request for payment. I advised the tenant -

tough biccies, you should report maintenance as it occurs, not months down the track when the electricity bill gives you cause for concern. It is written into your lease that you report maintenance as it happens. There is a reason this is included in your lease and it is to protect you from things like this.

Tenant agreed they should pay the bill and then I emailed the owner to let them know what had occured so they were aware of it.

I would also mention the dog, advise that they have not asked permission to keep the pet and ask for them to sign additional clauses to keep the animal, just mention that it is a breach of the agreement. They should agree to almost anything .

 

[jaycee]

I had a very similar thing happen at a property I was managing. I didn't even approach the owner with the tenants request for payment. I advised the tenant -

tough biccies, you should report maintenance as it occurs, not months down the track when the electricity bill gives you cause for concern. It is written into your lease that you report maintenance as it happens. There is a reason this is included in your lease and it is to protect you from things like this.

Tenant agreed they should pay the bill and then I emailed the owner to let them know what had occured so they were aware of it.

I would also mention the dog, advise that they have not asked permission to keep the pet and ask for them to sign additional clauses to keep the animal, just mention that it is a breach of the agreement. They should agree to almost anything .

Agree with Sez

Perhaps the tenant, concerned with the size of th ebill as they are, can discuss with the electricity company possbile discounting of the bill like pennky explained..

 

[Scott No Mates]

Inaction by the tenant = their own fault. If they knew the HWS was faulty, why not report it? You & the PM cannot mitigate damage where you are not aware of it and it is not foreseeable. The tenant however was aware the HWS was playing up and could have taken some action to advise the PM of the issue, they chose not to take action.

Even when there is a water leak, if the tenant advises of a fault, you get onto the plumber who investigates & provides a certificate regards the leak you can get a credit for abnormal usage (I doubt the electricity provider will be as generous though).

 

[NedKelly]

Why are all you guys dealing with the tenant direct when you have a PM?

 

[Dazz]

.....because....in general, but not always.....PMs are not PMs....they are simply phone relay message takers.

They typically take the steaming stinking **** of a problem graciously handed to them from the Tenant, and simply lump it straight into the Landlord's lap and say "Whaddaya wanna do about that ?"

Out of desparation, knowing that if they don't get involved and limit the downside (note to self - there is never an upside) the situation typically blows out of all proportion and ends up costing the Landlord even more....so they are forced to get involved.

When dealing with the upgraded 19 yo secretary who has sat the 5 day course and passed the simple PM exam....it doesn't endear alot of confidence.....especially when it gets to the stage where you need to pull out the Management agreement drafted by the REI solicitor to protect the agency all the way.....and the Landlord foolishly but finally read the fine print where it states ;

"The Owner shall hold the Agency harmless for all and every action, and the Owner agrees to remain liable for all and every cost, and extend to the Agency every means possible by law and exclude them from all costs, actions and liabilities to the fullest extent of the law, save for gross neglience."


It's at that point Ned Kelly, that Owners realise that simply saying "It's not my problem, get the PM to pay for it." doesn't quite cut the mustard against the cleverly crafted solicitors cover all "standard" document.


Neither of course, does the oft repeated 'Just change PMs if you aren't happy'...cos sure as eggs, the new Agency down the road are also working under the identical REI drafted agreement document......and they would much rather tell you to go away rather than change the conditions therein. In fact, they are all advised by the REI solicitors to never allow the Landlords to change the conditions. Whether the individual Principals of the agencies agree to modify / change is up to them, but they are advised against it.


Those are just some of the reasons why Owners who have PMs (and I use the term very loosely) get involved.

 

[Hysteria]

Thanks everyone.

The pm has told the tenants that i will not be paying any of the bill. I have heard nothing more about this and hopefully i wont.

I have arranged an inspection friday week to make sure the rest of the property is maintained and to make sure the dog is not doing damage

I dont mind the tenants having pets. They just ignored to tell me.

I take it a new lease will have to be drawn up if I let the dog stay? And I think there will be a rent increase due as well.

 

[ACTInvestor]

You need to get your PM to have the tenants sign a pet clause. No new lease required, but if they are due for an increase, then a new lease will be drawn up. You can't increase the rent (dog or not) unless they are due for one.

 

[murph14]

I take it a new lease will have to be drawn up if I let the dog stay?

I think they just sign a 'Pet agreement' which gets added and it covers you.

And I think there will be a rent increase due as well.

...As long as there has not been one in the last 6 months and the agreement permits an increase. You will probably have to wait some time.

 

[Sez]

Dazz - I do agree that management authorities are restrictive in this manner but in my experience (and this is only one persons experience working with a different class of clientele!) the reason we had that clause in there is because often we would inform landlords of maintenance that HAD to be looked at and they would ignore us, put us off, not answer calls etc. etc. It was there to protect us when the tenant sued due to injury for the landlord not carrying out their obligations. I have seen some fairly HUGE stuff ups made by PM's for just the reasons you are stating - 19 years old and 5 minutes out of their course with no experience when this happens I've seen agencies do a lot to compensate the owners for fear of a bad rep. and losing business. Kick up a stink if they do the wrong thing and you'll generally get something, at least in this area!

Hysteria - If the current lease hasn't expired and they have a dog like others have said I add a dog clause for all parties to sign and it is to be considered an addition to the terms in the lease agreement (and it states this). Once all parties have signed and received a copy I attach it to the current lease and ensure there is a dog clause added to every lease drawn up for them after that.