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Nobody wants to be a whinger, especially when they have just moved into a supposedly renovated property, but Flatchatter Gumball has plenty to complain about.
“Nearly all the windows have been painted shut but some have been painted open and won’t close; the garage door into the house won’t lock or even close correctly and the oven hasn’t been attached to the kitchen unit and isn’t working properly,” writes Gumball.
“We feel we are paying too much – $600 per week – for the state the house is currently in. Should we request a rent reduction until all of this is fixed? If so, how much do we ask to reduce it by?”
Landlords have a legal obligation to provide accommodation that is habitable and secure so yes, Gumball should ask for a rent reduction. In fact he should do it right now as any reduction awarded by Fair Trading – if he goes there – will be backdated to when he first asked for it.
Only he can decide how much to claim but my opening bid would be half. The original email, listing a whole raft of reno wrongs, is HERE . And you can follow THIS LINK to the Fair Trading complaint form and or go to the Tenants Union for their excellent FACTSHEETS.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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Interesting. I recently moved into a renovated flat. The inside of the flat had a new flatpack kitchen, newly polished floorboards (old cat-ridden carpet removed), and a complete paint job, which is all very good.
However, the outside was a mess. Overgrown trees – to the point where the Hills Hoist couldn’t spin around from the mess of branches pushing through. A lot of rubbish and mess in the side garden, with sharp metal and broken furniture making it unusable. Oh, and an ancient airconditioner sticking out of the living window which the real estate agent initially refused to remove.
I insisted on rubbish removal and some small repairs, which were done. However, the gas plumber was called in a couple of days later because the newly installed stove had not been fitted properly – gas leak in the kitchen!
Out in the garden a dead tree leaned at a precarious 45 degree angle, posing a danger to our toddler. I have borrowed a chainsaw and cut down the dead trees and a fair number of overgrown branches, building a big pile in the street. The real agent took photos of the dead trees months ago but nothing was done.
My question is, now that I have done the labour of pruning and stacking the overgrown and dead trees out on the street, should I ask the landlord to help pay for carting it away? Remember that I asked them to do something about it months ago, it was dangerous and now I’ve done it for ‘free’.
Hi Cap’n
As you’ve stacked the stuff in the street you could be facing the wrath of the local council, and possibly be fined if it isn’t removed. Whilst understanding your action in making the area safe, it would have been better to come to an agreement with your landlord/agent beforehand about the costs involved. As in Gumball’s case you have the right to live in secure and safe premises, including the yard, and were entitled to claim a rent reduction if you couldn’t use that part of your leased area through it being unsafe. I’d put it to your landlord/agent that you have saved them a considerable sum of money by cutting up and removing the dead tree, and now you’d like them to arrange removal from the footpath as soon as possible. If they don’t come to the party, then I’d suggest you retrospectively claim the rent reduction so you’re not further out of pocket.
Hi Captn
i think you have hung yourself out to dry.
I assume that you inspected the property before you rented it. In that case you accepted to rent it in the condition it was presented.
in NSW the lease one signs does have a section where the tenant can note things that need to be rectified, and if the landlord agrees and signs, it forms part of the contract.
if you don’t have this noted, then the landlord has no obligation to fix things the way you want them. You could argue that you are improving the landlords property and do should be compensated. But that’s not how the rental laws are applied.
You can try and see if the landlord will agree to paying, but do not be surprised if they agree.
also be careful about any “improvements” you make. That tree you cut down could have some sentimental value to the landlord. He could hold back money from your bond because you altered his property without your permission.
As in all things strata and renting, seeking forgiveness in never preferable to seeking permission.
Robert
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