What repairs are a landlords responsibility?

[MF35]

Hi All,

I've looked up the Fair Trading website and relevant legislation that pretty much just seems to indicate generally that the landlord has to keep the property maintained to a reasonable standard depending on it's age / condition and the amount of rent being paid. My question though is more concerned with what exactly constitutes a repair?

Situation: New tennant is paying $475 a week for a large newly renovated 2 bed, 2 bath, LUG unit in a small block, in a quite street close to transport etc at Kensington, Sydney. We're happy with the rent but it's just current market rent at the moment and has never been vacant for more than a week or two (most recently no vacancy period at all).

We had a request from the PM the other day for repairs. They advise "Something is wrong with the kitchen tap", not the best description but I'll let that one slide and just say fix it. The door knobs on the linen cupboard in the hall way are loose (you know the little wooden ones held on by one screw that just require a screwdriver and 30 seconds to tighten). I think well maybe the description is just poor and there's more to it than that and just say fix it. Then I get "and 2 of the light globes need replacing"! Now is it just me or is this pushing it just a bit. I've rented for 15 years plus and never requested the Landlord come around and change the light globes. I thought as long as they were working when I moved in that it was the renter's responsibility to replace light bulbs.

I asked the not very confident sounding young girl who called me to confirm that it is the landlord's responsibility to change light bulbs and she insisted it was. I've been unable to find confirmation of this anywhere. Can anyone advise me if this is the case and point me to an authority either way?

Thanks,

MF35

 

[lizzie]

i don't know the law as that's what i pay my pm for - but sounds like you need a new pm with some guts to stand up to the tenant and tell them to get real.

taps - yes
hinges - maybe
lightbulbs - definately not, unless the light cannot be reached safely (ie, standing on a chair will not cut it).

 

[Nards]

No idea what the actual legislation is either...light globes are a consumable, and as Lizzie says should be replaced by the tenant, unless in a difficult location. Some light fittings are difficult to get into....like a chandelier

As a tenant myself on occasion, when leaving the property the lights all have to have working bulbs - I have been known to replace expensive non-working flouros with 65c globes however - no-one ever said what type of globe they need to be working with A bit naughty I know...

I have never been asked by a tenant to replace globes....

Nadia

 

[Alabex]

Unfortunately you cannot request a tenant to change light bulbs. Most do and it isnt a problem. But if a tenant is replacing a light bulb and gets electrocuted the landlord can be held responsible or if they are up on a ladder and fall off... again the landlord is liable...

basically any repairs in a rental are the landlords reponsibility no matter how minor. It just depends on the type of tenants... most wouldn't worry about any of these issues, but some will want everything done.

 

[twobobsworth]

Time for new PM & Tenant.

 

[MF35]

Hi All,

Thanks for the replies. Alabex is it the case that there are Tenancy Tribunal decisions that serve as case law confirming the changing of light bulbs as a repair? The question for me simply is, "Is it the landlords obligation to change light bulbs if requested?". If "yes" then I pay to change them. If "no", they change them, or organise someone to do it for them. It's not a question of asking them to do it as such. More telling them it's not my responsibility (if it wasn't) which is a different thing and wouldn't cause me an legal problems in my view. However, in the event that it is my responsibility you may have a point with the legal issues.

I guess in the strictest sense changing a light bulb probably is maintenance / repairs, but if I had to pay a handy man to go out every time a light bulb needing replacing I'd simply be "not renewing" the lease.

This tenant is supposed to be a good one (local professional with a long running history of paying etc etc in the same area). In fairness it is also possible the lights were out after the last tenant left. I don't think the PMs do that thorough a job checking to note light bulbs that are not working. The light fixtures I put in operate with 3 or 4 small bulbs so one out here or there isn't really that noticeable during the day unless you're really looking. I'll see how the tenant goes over the term of the lease and decide whether to renew or not at the end.

The PM is generally reasonable without being brilliant. Attentive enough if you bring something up but not hugely pro-active. I'm not confident I'd get any better elsewhere and I know one of the selling Agents so we get a discounted management fee (5%).

Thanks for the input,

MF35

 

[marg4000]

No, you can't insist your tenant change a light bulb. but to be fair I can't remember any requests from our tenants to do so.

Our PM has a handyman that will do small odd jobs very reasonably, things like small painting jobs, replacing door handles, restringing clothes lines, etc.
Marg

 

[boomtown]

In Queensland (although its probably much the same around Australia):

The Act does not specifically refer to the supply of light bulbs or the maintenance of light bulbs.

Ideally, the lessor and tenant should discuss issues associated with light bulbs and their replacement at the start of the tenancy, and make reference to any agreement in the special terms of the tenancy agreement.

The provision of light bulbs should be identified in the Entry Condition Report.

Industry standards hold that the lessor/agent is responsible for maintaining specialised bulbs such as fluorescent tubing, expensive globes etc, whilst the tenant is responsible for the replacement of everyday inexpensive globes.

If an agreement cannot be reached about the replacement of light bulbs, either the lessor/agent or tenant may apply for conciliation/dispute resolution

http://www.rta.qld.gov.au/faq_during_a_tenancy.cfm?item=108

 

[Simon]

I did the NSW REA licensing course about 4 years ago. They raised the fact that it was the owners responsibility to replace all lightbulbs and all batteries in smoke alarms, doorbells, security systems etc. In fact they even went as far to say an electrician needs to attend to them at an $80 cost to replace batteries in smoke alarms - but few REA's wouldn't have a handyman to attend to such stuff much cheaper.

But added that most tenants didn't know this and as REA's they were happy to leave it that way.

Repairs involving health and safety have to be attended to immediately. Toilets, hot water, locks, windows etc. Other items need to be addressed in a reasonable time frame.

 

[Dis]

Good Lord!

Looks like I'll be staying away from IPs whch have a zillion Low voltage down lights. I can imagine geting a call every second week. Those things are always blowing.

My lease state that its teh tenants responsibility to change bulbs and batteries (Vic). I don't know if they can legally refuse but they are happy to do it.

 

[MF35]

We're not stingy landlords who wont spend a cent. Our unit is renovated to nearly as new condition and we're happy to maintain it in good condition. All "repairs" and reasonable requests are dealt with promptly. Other than the light bulbs issue I can't really think of much I would have a problem with.

I know there would be legal argument on it, and the legislation doesn't seem to specify, but I think requesting a handy man come out to change a light bulb (one you can buy cheaply in the supermarket) is just a tad over the top. I'll be requesting an additional clause in the next lease stating this responsibility is the tenant's. If they're concerned about their ability to change the light bulb then by all means they can call out and pay for a handy man. I'm only pointing out what is their responsibility, not telling them how they should manage the task. I bet they'd quickly have a change of heart if they were paying for it!

Of course they could take the issue to the Tribunal but I doubt it would get to that if they were informed up front. And rather than spend money on the tribunal for the sake of the light bulbs I'd probably just replace them, when I was ready, and then show them the door at the end of the lease. It's hardly the market for a tenant to be pushing the issue over a light bulb.

By the way, I am a tenant myself and I don't just change light bulbs I even tighten the odd screw in the cupboard doors and I'm not a handy man.

MF35

 

[Chatto]

Have had all properties light bulbs replaced for free from an enviro company to energy efficient ones. Google a company for your area, get them to replace them for you.
Its great if you have a PM that has a handyman that will sort out all of these minor things for you. I personally dont want to know about every winging tenant, I just review the statement at the end of the month.

 

[cgw]

Light Bulbs - Adelaide

If any one wants light bulbs changed in the NE suburbs, let me know, I will gladly do it for you at a third of the price. Just watch those down lights, as the transformer may burn out and the electrician charged me $50.00, I watched him and now I do my own.

 

[Strannik]

geez, i would drive and change the bulbs myself for 80 bucks a pop

i just had a guy change all the switches/power points/light fixtures during the reno
didn't charge me a cent, good fella

house looks so much better now
will post pics of it once done