In response to:http://www.somersoft.com/forums/showthread.php?t=61178
I can only give a QLD perspective on this - but commonsense should prevail.
Residential Tenancies and Rooming Accommodations Act 2008 -
s128 Lessor's Obligations
ss128(3)While the continues, the lessor
(a) must maintain the premises in a way that the premises remain fit for the tenant to live in; and...
(a) must ensure any law dealing with the issues about the health and safety of persons using or entering the premises is complied with....
Properties that are under management using PAMD20a Essential Terms and Conditions (page 9) Clause 4.14 have the property treated for pests as required (no more than annually) at eh Lessor's cost...
OK, legally, you have to ensure the property is "fit to live in"
wasp - you need to get rid of it at your cost.
Why? It is during the course of the lease, it is not a direct result of the way the tenants live (if you have your property "properly" treated once a year, there would be enough active ingredients to ensure wasps do not take residence under your eaves.) There is the potential to be stung - and as other's have mentioned how litigious our society is at present - take the worst case scenario - the person who got stung has an allergic reaction?? Complete devil's advocate - but who knows...do you want to take the risk? As an owner of the property, the tenants have notified the agent, the agent has notified you - if you fail to take action - that's your choice.
Mouse in house - depends on where the mouse came from.Legally, the above scenario also applies here.
However, you need to look at the situation and get it in writing from the pest controller what the cause was...
1. Tenant was cause
For example, they have created conducive conditions - keep birds/chickens as pets or have compost in backyard.
Well, in this case - I would let the tenants know why the mouse was in the house. If I sent a pest controller out to do the wasp and bait the mouse, I would bill them for the mouse part of the invoice.
2. Tenant not cause
There are instances where your tenants are not the cause of the vermin problem. For example, they may live beside people who have birds/chickens as pets and maintain compost or have other pets and leave food outside....these again create highly conducive conditions for vermin. So if one strayed onto your property, it's not your tenants fault - and if you don't treat it, they have the right to lodge a complaint against you for breach of the section above.
Best practice:
Have your property professionally treated once a year - ask for a warranty (normally about 6 months)
Tenancy lengths average 11 months (RTA stats) so tenants do general pest at end of lease - make them get pest controller who will provide 6 month warranty as well.
Effectively then, your property should receive two treatments a year - and you shouldn't have this problem.
What generally happens in the industry:
1. Owners don't want to pay for pest control (property manager's fault for not educating owners about benefits).
2. property managers and agencies do not have pest management plans in place for their properties - so they only ever react when there is a problem, and I have seen many times over (and many owners would've experienced this) that they get second and third bills for pest control when most of the time - they can and should call upon the warranty of the first service...if they had bothered to use a proper pest controller.
End
Don't get upset that you have to pay for pest control, if you have good tenants - you want to keep them happy as well.
This is just my opinion and how I operate - everyone is different and State laws vary but commonsense should prevail.
I have recently been told by my PM that I am responsible for removing a wasps nest which has recently setup in the front yard of my IP during the course of a tenancy. Also, that I am responsible for removing a mouse which has apparently taken up residence. Is this right? It really doesn't seem right to me. If this is the case, am I as the landlord responsible for removing any snakes, possums, dogs, annoying visitors that may stray onto the property? I remember being a tenant myself and setting the odd mouse trap. Should I have simply called the landlord?
I can only give a QLD perspective on this - but commonsense should prevail.
Residential Tenancies and Rooming Accommodations Act 2008 -
s128 Lessor's Obligations
ss128(3)While the continues, the lessor
(a) must maintain the premises in a way that the premises remain fit for the tenant to live in; and...
(a) must ensure any law dealing with the issues about the health and safety of persons using or entering the premises is complied with....
Properties that are under management using PAMD20a Essential Terms and Conditions (page 9) Clause 4.14 have the property treated for pests as required (no more than annually) at eh Lessor's cost...
OK, legally, you have to ensure the property is "fit to live in"
wasp - you need to get rid of it at your cost.
Why? It is during the course of the lease, it is not a direct result of the way the tenants live (if you have your property "properly" treated once a year, there would be enough active ingredients to ensure wasps do not take residence under your eaves.) There is the potential to be stung - and as other's have mentioned how litigious our society is at present - take the worst case scenario - the person who got stung has an allergic reaction?? Complete devil's advocate - but who knows...do you want to take the risk? As an owner of the property, the tenants have notified the agent, the agent has notified you - if you fail to take action - that's your choice.
Mouse in house - depends on where the mouse came from.Legally, the above scenario also applies here.
However, you need to look at the situation and get it in writing from the pest controller what the cause was...
1. Tenant was cause
For example, they have created conducive conditions - keep birds/chickens as pets or have compost in backyard.
Well, in this case - I would let the tenants know why the mouse was in the house. If I sent a pest controller out to do the wasp and bait the mouse, I would bill them for the mouse part of the invoice.
2. Tenant not cause
There are instances where your tenants are not the cause of the vermin problem. For example, they may live beside people who have birds/chickens as pets and maintain compost or have other pets and leave food outside....these again create highly conducive conditions for vermin. So if one strayed onto your property, it's not your tenants fault - and if you don't treat it, they have the right to lodge a complaint against you for breach of the section above.
Best practice:
Have your property professionally treated once a year - ask for a warranty (normally about 6 months)
Tenancy lengths average 11 months (RTA stats) so tenants do general pest at end of lease - make them get pest controller who will provide 6 month warranty as well.
Effectively then, your property should receive two treatments a year - and you shouldn't have this problem.
What generally happens in the industry:
1. Owners don't want to pay for pest control (property manager's fault for not educating owners about benefits).
2. property managers and agencies do not have pest management plans in place for their properties - so they only ever react when there is a problem, and I have seen many times over (and many owners would've experienced this) that they get second and third bills for pest control when most of the time - they can and should call upon the warranty of the first service...if they had bothered to use a proper pest controller.
End
Don't get upset that you have to pay for pest control, if you have good tenants - you want to keep them happy as well.
This is just my opinion and how I operate - everyone is different and State laws vary but commonsense should prevail.
Last edited: