Who pays, tenant or landlord?

PM tells me that the invoice was checked with the glass company, it is meant to be laminated safety glass 3mml!!!!
I asked her " who cares, was it really necessary??
Im waiting on her reply. If its compulsory to have safety glass I have no choice!

Can you get a new door from a hardware store installed cheaper ?
 
PM tells me that the invoice was checked with the glass company, it is meant to be laminated safety glass 3mml!!!!
I asked her " who cares, was it really necessary??
Im waiting on her reply. If its compulsory to have safety glass I have no choice!

If they inform you it has to be safety glass,make sure they give you the proof to back up this claim.
 
PM tells me that the invoice was checked with the glass company, it is meant to be laminated safety glass 3mml!!!!
I asked her " who cares, was it really necessary??
Im waiting on her reply. If its compulsory to have safety glass I have no choice!

WTF!!!

Somebody is going to fall through a piece of glass 300mm wide / high.

OH& S taken to the extreme.

Obviously wasn't safety glass when it broke.

Cheers
 
Glass broke, agent informed, I okayed the emergency glass repair, I got the bill, oh well, small price to pay in the scheme of things!
 
Glass broke, agent informed, I okayed the emergency glass repair, I got the bill, oh well, small price to pay in the scheme of things!

In my opinion, that is a dangerous way of thinking..at least an expensive way.
Instead of doing an emergency repair, we usually turn it back on the tenant (when it is their fault) and inform them they have one-two weeks to remedy the damage.
 
While i would pay to as a tenant as i believed it was my fault.
Maybe the question should be asked why you have allowed the door to be able to swing closed without protection. Most people know that doors swing close sometimes why did you not fix the problem first and allow this too happen.

(now where's the stirring the pot emotion)
 
Save the receipt for the repair, and withhold it from their bond. Easy !
Are you aware that landlords don't hold the bond, and thus can't unilaterally withhold anything? The tenant has to sign off agreeing on the amount of bond to be released. If the landlord wants to retain any of the bond and the tenant disputes it and won't sign, you have to go through a legal process to get it. (I just wondered whether Canada is more like the USA, where the landlord is allowed to hold the bond and can easily withhold bond; it's nowhere near that simple in Australia.)
 
Are you aware that landlords don't hold the bond, and thus can't unilaterally withhold anything? The tenant has to sign off agreeing on the amount of bond to be released. If the landlord wants to retain any of the bond and the tenant disputes it and won't sign, you have to go through a legal process to get it. (I just wondered whether Canada is more like the USA, where the landlord is allowed to hold the bond and can easily withhold bond; it's nowhere near that simple in Australia.)

Yes I am aware of this Perp.
We have some provinces in Canada where we hold the bond personally, some are held by another governing body, and other provinces where they not even permitted to ask for one. I do not know how USA works.
If this tenant is a lawyer, chances are, he will not be bothers to go to court, as he will think his time is too valuable.

How you, as a LL, handle the situation in the beginning, will usually determine the outcome.
 
Yes I am aware of this Perp.
We have some provinces in Canada where we hold the bond personally, some are held by another governing body, and other provinces where they not even permitted to ask for one. I do not know how USA works.
If this tenant is a lawyer, chances are, he will not be bothers to go to court, as he will think his time is too valuable.

How you, as a LL, handle the situation in the beginning, will usually determine the outcome.

Every now & then, when discussing how to best move forward on a specifc case in Australia, it might be pretty irrelevant how the US / Canada work in terms of allowing landlord's to hold bond or not, when they it does not apply here.


I'd replace the door with Bunnings door & be done with it...

Problem solved and will never occur again.
 
I'd replace the door with Bunnings door & be done with it...

Problem solved and will never occur again.

That would be if that would really solve the problem jaycee.
It won't. The problem isn't the glass in this door.The problem is the attitude of the LL ,PMs and tenants.
When something is broken because of negligence it needs to be repaired by that party.
If the LL didn't have a working door clasp, so the door can properly close, then it becomes the LL's repair.

PMs will take the course of the least resistance.
LL's need to remember the PM does not work for them.
 
That would be if that would really solve the problem jaycee.
It won't. The problem isn't the glass in this door.The problem is the attitude of the LL ,PMs and tenants.
When something is broken because of negligence it needs to be repaired by that party.
If the LL didn't have a working door clasp, so the door can properly close, then it becomes the LL's repair.

PMs will take the course of the least resistance.
LL's need to remember the PM does not work for them.

It depsnd s on what you see as the pproblem.

The problem is something breakable that broke,

Replacing it with somehting not broken solves the problem of something broken.

Replacing it with something unbreakable, sovles the problem 0of it happening again.

How that doesn't tsolve the problem of the broken glass on the fvront door I'm not sure :confused: :)

We have heard your point that YOU think the tenant shoudl pay for it.
Some of just disagree.
 
It depsnd s on what you see as the pproblem.

The problem is something breakable that broke,

Replacing it with somehting not broken solves the problem of something broken.

Replacing it with something unbreakable, sovles the problem 0of it happening again.

How that doesn't tsolve the problem of the broken glass on the fvront door I'm not sure :confused: :)

We have heard your point that YOU think the tenant shoudl pay for it.
Some of just disagree.

You are still missing the point jaycee.
Yes, I may think the tenant should pay,but you also think this is the end of the story.
It is the end of the first chapter in this LL's book of being a property investor.
How you deal with problems, can make the difference between a property being CF+ or CF-.

It seems many people here don't take property investing as a business.
Afterall, we must be doing something right.
Like they say, you can lead a horse to water...
 
See section 56.3 (f) sub-section (iii) of the NSW RTA (1990 version) for clarification.

It clearly states that, and I quote ;

"if a wind stronger than a sparrow's f@rt blows any apperture fixture - be it door or window or other - and causes damage, the Tenant shall not be held liable, and shall serve notice on the Landlord to immediately rectify. If notice is not served, the Landlord is still liable."

Sub-section (iv) goes on to say ;

"if after notification, the Landlord does not promptly, within 2 business days, rectify the damage, the Tenant shall be entitled to free rent until such time as the damage is rectified. Furthermore, the Tenant may sue the Landlord for compensation due to loss of amenity, but not exceeding $ 10,000 for any one incident except by leave of the court."


Basically Danel - and this is most unusual, the Landlord has to cough for it.

feeling a tad creative there dazz?
 
You are still missing the point jaycee.
Yes, I may think the tenant should pay,but you also think this is the end of the story.
It is the end of the first chapter in this LL's book of being a property investor.
How you deal with problems, can make the difference between a property being CF+ or CF-.

It seems many people here don't take property investing as a business.
Afterall, we must be doing something right.
Like they say, you can lead a horse to water...

I'm not a horse.

And I never asked to be led anywhere. :)

I thought we were both equal people discussing our pretty insgnificantly equal opinions.

We are not all running your business, or your type of business so please give people a bit of credit for being able to manage their own affairs, we don't always need to be led by you / someone who has a different opinion.

Just saying.....
 
Sometimes better to make a call and get on with it. My pm says it's my cost, some good advice on SS says it's my bill, so I have accepted it's my bill. If I have overpaid a couple of hundred bucks, so be it. Instead of wasting time on it, I am able to put my energy into more lucrative things.
 
Good approach to life danel! Very inspiring :)

I think if I were your tenant I would've felt responsible, afterall, I was the one who chose to leave the door open. But in today's society, unfortunately, too many people point the finger away from themselves & look to others to pay.

Onwards & upwards though!
 
Sometimes better to make a call and get on with it. My pm says it's my cost, some good advice on SS says it's my bill, so I have accepted it's my bill. If I have overpaid a couple of hundred bucks, so be it. Instead of wasting time on it, I am able to put my energy into more lucrative things.

What'd cost oyu in the end Danel ?

Worth claiming on insurance ?
 
Types of residential tenancy agreement.

Residential Tenancy Agreement
What to include in residential tenancy agreement? This article is a comprehensive guide for landlords who want to rent their premises in Australia.

Residential Tenancy Agreement

A tenancy agreement is a contract between a landlord and a tenant specifying the terms and conditions of their rental agreement. Tenancy agreements are usually put in place before letting out property.

Difference between Residential Tenancy Agreement and License
A tenancy has the legal effect of passing an interest in land from the landlord to the tenant. It means that the tenant is given the right of occupation. If a landlord is in breach of a tenancy document, then the tenant can claim damages (compensation) against the landlord and continue to occupy the property in question.

In contrast, a license creates no interest in land. The licensor only allows the licensee to use the land, not to exclusively occupy it. The licensee’s remedy against the licensor’s breach of the license may lie only in claiming damages, but not in occupation of the property. Therefore, a license is typically used for short-term occupation (e.g. for several weeks or months) or where the licensee does not have exclusive occupation of the property, e.g. a car parking space , a newsstand or a “kiosk” in a shopping mall.

Types of Residential Tenancy Agreement in Australia
There are two types of tenancy in Australia:
• Fixed term tenancies, for a specific period of time;
• Periodic tenancies, which go either from week to week, or from month to month.

What should Residential Tenancy Agreement Include?
It is important that both parties are fully aware of what is included in the agreement. Standard information that should be in all residential tenancy agreements includes:
• All parties involved (this includes the guarantor if there is one).
• Address of the property (or room) being rented.
• Start and end date of the tenancy.
• Name and address of landlord.
• Name and address of any letting agent.
• Amount of rent to be paid and the date it should be paid.
• Method of payment.
• Any additional charges.
• Whether a deposit must be paid, what it covers and the amount paid.
• Whether the tenancy can be ended early by the landlord or tenant and if so how much notice must be given.
• Who is responsible for minor repairs.
• Whether a tenant is allowed to sublet.
• Whether a tenant can have lodgers.
• Whether the tenancy may be passed on to anyone else.
• Rules regarding pets, smoking etc.

Remember, an agreement can be amended by adding or removing any terms as required, as long as they do not conflict with law. When approved by both landlord and tenant, a tenancy agreement is a legally binding document

Deposits
The tenant is usually required to pay both rent in advance plus a rental bond, which functions as a security deposit in the event the tenant fails to pay rent, services, or incurs serious damage to the property.

The maximum advance rent is generally two weeks or a month’s rent, depending on the type of tenancy agreement and the state:
• In New South Wales, the maximum rent advance is two weeks’ rent, if the rent is less than Au$300 (US$233) a week; otherwise, four weeks.
• In Queensland, the maximum is one month’s rent for fixed term tenancies and two weeks’ rent for periodic agreements.
• In Tasmania, the maximum is one month’s rent.
• In Victoria, the maximum is one month in tenancies where the rent is less than Au$350 (US$272)/week.
• In the Australian Capital Territory, the maximum rent advance is a month’s rent.
• In the Northern Territory, the maximum rent advance is one rental payment period.

The tenant is in addition usually expected to pay a rental bond. Each state, except Tasmania, Western Australia and Northern Territory, has its own Rental Bonds office, and maximum rates for the rental bonds differ according to the rent, type of tenancy agreement and state where the tenancy takes effect.

• In New South Wales, the maximum bond rate is quite complicated: four weeks for unfurnished premises, six weeks for furnished premises with rent of less than Au$250 (US$194) a week and an unlimited amount for furnished premises with weekly rents of more than Au$250 (US$194). Bonds must be lodged with the Renting Branch of the Office of Fair Trading.
• In Queensland, the maximum bond is four weeks’ rent, if the weekly rent is less than Au$500. For premises that charge a weekly rent that exceeds Au$500 an unlimited amount can be asked. Bonds must be lodged to the Residential Tenancies Authority.
• In South Australia, bonds should not be more than four weeks’ rent if the weekly rent is less than Au$250; otherwise, a landlord can ask six weeks’ rent as bond. Security bonds must be paid to the Residential Tenancies Fund.
• In Victoria, the maximum bond is four weeks’ rent, for tenancies worth less than Au$350 (US$272)/ weekly. The Tribunal, upon application of the landlord, will determine the maximum bond for premises with weekly rent that exceeds Au$350. Bonds should be lodged with the Residential Tenancies Bonds Authority.
• In Western Australia, the maximum bond is four weeks’ rent.
• In the Australian Capital Territory, the maximum bond is four weeks’ rent. Bonds should be lodged with the Office of Rental Bonds.
• In the Northern Territory, the maximum bond is four weeks’ rent.

Changing the Tenancy Agreement
A tenancy agreement can normally only be changed if both tenant and landlord agree. If both agree, the change should be recorded in writing, either by drawing up a new written document setting out the terms of the tenancy or by amending the existing written tenancy agreement.

Relevant Provisions of Law
All residential tenancy agreements must comply with statutory law. This is law that has been passed in parliament and is therefore legally binding and enforceable regardless of what is stated in the residential tenancy agreement. With all residential tenancy agreements there are rights by law for both landlord and tenant; even though these may not have been discussed between both parties, they apply to all tenancy agreements.

Net Lawman Residential Tenancy Agreement
Our outline agreements, which can be used both in respect of houses and flats, are suitable for residential tenancies agreement. Our Documents are drafted by expert team of Solicitors and Barristers and can be customize according to the wishes of Landlord.
Our all templates are in plain English with explanatory notes.
 
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