Our tenants are claiming compensation for a considerable amount if time for not being able to use the backyard due to water issues. Not sure who I can speak to to get some advice, any suggestions?
Who to contact in NSW for advice on whether to let tenants take matter to the tribuna
- Thread starter Kate Peters
- Start date
If you have an allocated Property Manager then they should be the first point of call when discussing any issues.
If self managing, NSW of Fair Trading would be your first contact and their details are 13 32 20 (http://www.fairtrading.nsw.gov.au/ftw/About_us/Contact_us.page).
If self managing, NSW of Fair Trading would be your first contact and their details are 13 32 20 (http://www.fairtrading.nsw.gov.au/ftw/About_us/Contact_us.page).
a bit more information?
Water issues:
flooding?
rear stairs washed away/unsafe?
tenant can't go ten steps without needing the toilet?
broken water/sewer pipes making ground contaminated or boggy?
How long has it been going on?
When wad it reported to the agent or owners?
Has anything been done about it?
Hi Scott. They are claiming that they have not been able to use the yard after significant rain over 3 days in June last year. We did not know anything about a water issue until September. Lease expired on 8th August. Real estate contacted us to ask what we wanted to do with the lease on 28th August. Then came back with tenant considering moving due to water pooling in the side area stopping them from using yard. Real estate have no record of it being reported. We complained to real estate about the dealings since that property manager took over our property. We requested quotes for repair, we didn't receive these until November. Due to time of the year tradespeople were then not available until after Christmas. The area now has been completely redone with crushed granite. We have proof from termite inspection report, property inspection photos and rainfall data for the area that it was not wet for the time they are claiming. Landscaper also reported their dogs have chewed up the termite protection in the area that they claim the dogs couldn't use. This was intact in August. Although they contacted the agent for repairs to the range hood, dishwasher and a leaking pipe this issue wasn't mentioned. They want compensation if $100 per week for that entire period. Any thoughts appreciated.
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taking into consideration how hard it is going to be to replace these star tenants:
1) if it was out of use for 3 days due to rain - tell them to build a bridge
2) if the damage is done by their dogs, see 1)
3) are they going to sign a new lease?
It's a bluff. if it were an issue they would have done something about it at the time. Get the pm to decline the claim then get a new pm.
1) if it was out of use for 3 days due to rain - tell them to build a bridge
2) if the damage is done by their dogs, see 1)
3) are they going to sign a new lease?
It's a bluff. if it were an issue they would have done something about it at the time. Get the pm to decline the claim then get a new pm.
That's a nice summary of your case. What's their case exactly? Do you know?
If not, that's the first thing to find out in as much detail as you can.
They are claiming that we haven't provided them with a closed in yard that they require for their children and dogs for 32 weeks.
What's the other stuff about water then?
Do you have detailed particulars of their case? You need to get that if you don't.
They have detailed that in a letter. Rain in June caused the issue and they are claiming that we took excessive time to repair it.
Well I'm not sure how this matches up with what you said about a closed in yard?
Anyway a proper analysis of the claim's chances would need to closely examine the tenant's case in detail first - before even looking at any defences you want to raise.
I wouldn't trust fair trading for a detailed analysis of that sort, so your choices really are an appropriately qualified property lawyer (hard to find and expensive), or to have a crack yourself.
I can give you a preliminary scan over the materials if you want - PM me.
This in red seems to say they didn't report anything until September, and further, that they chose to sign a new lease in August.
I'd call their bluff. If it was that bad, why did they sign a new lease?
They haven't signed a new lease, they have stayed on a periodic lease.
But that is their choice. Signing a new lease or staying on after the lease expires is the same thing. They had a choice to leave if it was that bad.
I'm so annoyed right now because this morning we've had an email from a neighbour of an IP suggesting we need to pay for half of a six foot high fence because their 50kg dog "could" jump the existing three foot high fence and put our tenant's young children at risk.
Our tenant said the existing fence is fine and they are happy with it "as is". These new owners next door just want us to pay half a fence to solve their problem.
They want to spend $2K on a new fence when the existing one is fine.
So, I'm in rant mode. No way am I paying for a fence to keep their dog in. If they want a higher fence, they can pay for the whole thing.
I'm just sick of people "trying it on".
Stand up to them...
Who to contact in NSW for advice on whether to let tenants take matter to the tribunal ?
You could start here.
http://www.fairtrading.nsw.gov.au/s...ving_issues/Residential_tenancy_disputes.page
You could start here.
http://www.fairtrading.nsw.gov.au/s...ving_issues/Residential_tenancy_disputes.page
