Property Agent and Owner Not Fixing Broken Oven

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  spackbace on 24/08/2016 - 18:32

  +2

  http://www.tenants.org.au/

  http://www.tenants.org.au/factsheet-06-repairs-and-maintenan…

  Urgent repairs means any work needed to repair any of the following:

  • a failure or breakdown of the gas, electricity or water supply
  • a failure or breakdown of any essential service for hot water, cooking, heating, cooling or laundering

  ---

  Getting urgent repairs done
  Tell the landlord/agent – in writing if possible – about what needs fixing. Follow up any conversations with a letter. Keep a copy of the letter and a record of any conversations as evidence that you told the landlord/agent.

  If the landlord/agent cannot be contacted or is unwilling to do the urgent repairs, you can arrange for them to be done.

  If the landlord/agent cannot be contacted or is unwilling to do any urgent repairs, or if they are taking too long to do them, you can arrange for the repairs to be done. Do not pay any more than $1,000 or you may not get your money back – the landlord is only required to pay you for any reasonable costs up to $1,000. They are obliged to pay within 14 days of your notice.

  You must be able to show that:

  • the problem was not your fault
  • you made a ‘reasonable’ attempt to contact the landlord/agent
  • you gave the landlord/agent a ‘reasonable’ chance to do the repairs
  • the repairs were carried out by a repair person named in your tenancy agreement (if possible) or by a licensed or qualified tradesperson.

  You must give the landlord/agent written notice about the repairs, costs and copies of receipts. The landlord must pay you for any reasonable costs up to $1,000 within 14 days of your notice.

  If the landlord does not pay, apply to the Tribunal within 3 months from the end of that 14 days for an order that they do so.

  If you cannot afford to pay for urgent repairs, apply to the Tribunal for an urgent hearing for the repairs to be done. You can also apply for a rent reduction until the repairs are done. See ‘Applying to the Tribunal’ below.

  • 

    spackbace on 24/08/2016 - 18:38

    +2

    Put it this way, I had an owner do the same crap about an aircon unit, the property manager wouldn't even go in to bat for us! Took them a year to do anything about it, kept dragging their heels.
    1 day I did all the research, properly did it through the tenants advice sites like the one above. Fired off an email, detailing that I had the required evidence and I was starting court proceedings.
    I kid you not, we had a new aircon unit fitted within the next week!

    Owners and property Managers don't like fixing things, or spending money. But the minute you let them know you mean business, and that you have the law on your side, they have no choice but to do it.

    I never opted for the 'doing it myself' part, but from memory we threatened it.

    Good luck :)

    • 

      spackbace on 24/08/2016 - 18:45

      See excerpts of emails below, it probably seems like de-ja-vu for you I'm sure (Note - have a look at the gap in between some of the dates):

      From Them - 6-3-2012:

      With regards to the air conditioning I will follow up with the owner, however, for your info the quote for replacement air con in the bedroom came in at well over $2000 so obviously the owner needs to shop around for something a little bit more realistic. I will email her and see if she has had any luck finding a suitable alternative.

      From Me - 19-3-2012

      Have just got a quote on aircon, although it shouldn't be my place to do so. Harvey Norman, looking at $1198-1398 for an adequate system, installed, plus $150 to remove the old system. I have no idea what size system the owner was looking into.

      From Them - 19-3-2012

      I will again follow up with the owner to see if I can get this sorted for you.

      Thank you for the quote I will pass these details on to the owner.

      From Me - 23-3-2012

      Any updates on this?

      From Them - 23-3-2012

      With regards to the air conditioner they have not got one yet but are still looking.

      From Me - 23-3-2012

      Would really like to get the aircon install sped up. I just dont understand how it's been this long when it's a quick thing to organise. It's just reaching that point where we are very very close to taking it to the Magistrate's for a quick decision. I'm sure you're also aware that in doing so, I can organise to have my rent paid to the Magistrate and the owner wont receive it till the repairs are completed. We're just thinking this may be our quickest and best option right now. I encourage you to pass that to the owner and push the urgency, because we're at wits end, baby on the way, and had enough.

      From Them - 23-3-2012

      I will pass your comments onto the owner and encourage them to get this sorted quickly.

      After that it was sorted

      • 

        Cyberninja on 24/08/2016 - 19:27

        +1

        Deja-vu! I am exactly in the same situation and can relate to your conversation with the tenant. We also had a baby on the way, my toddler is 1yo now :)
        I think I have waited for quite long. Don't want to opt for the option of "doing it yourself" anymore. I have sent a reminder email for the last time and gave him a deadline of one week today. Will inform about the "magistrate thing" next week. Really appreciate your suggestions.

      • 

        Cyberninja on 27/08/2016 - 13:24

        +2

        Thanks again for your advice. The oven was replaced yesterday after I told them about the magistrate stuff. These guys are really ***.. Wish I had done this earlier.

      • 

        Cyberninja on 31/08/2016 - 11:56

        I just have been informed that the owner is happy to compensate for the time I couldn't use the oven and they have offered 1 week rent free. I was thinking of getting some rent reduction instead. Any advice?

      • 

        spackbace on 31/08/2016 - 12:07

        +1

        @Cyberninja:

        Might be easier taking the money now, depending on how long is left on your lease

    • 

      supnigs super skids on 24/08/2016 - 18:48

      You have to also decide for yourself if you plan on living there in the longer term.

      Piss them off too much and rent goes up faster too.

      • 

        spackbace on 24/08/2016 - 18:49

        Yep, but you also can't afford to be bullied just because you're not the home owner.

      • 

        supnigs super skids on 24/08/2016 - 18:50

        @Spackbace: yeah true.

      • 

        spackbace on 24/08/2016 - 18:51

        @supnigs:

        And OP has given the issue 12 months, I took about 6 months before I really decided enough was enough. It's not like you've moved in and giving them orders within the first few months

• 

  chumlee on 24/08/2016 - 18:46

  Go to tenant tribunal and seek an order to be repaired or replaced plus compensation for the time you couldn't use it.

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  [Deactivated] on 24/08/2016 - 19:22

  You mentioned you have mostly contacted the agent by email.

  I suggest you visit the office in person and explain your situation. Don't get upset. Be as reasonable as possible.

  Check your lease to see if you have contact details for the owner of the property. If you can't get anything out of the real estate agent, attempt to find out whether the owner actually knows there is a problem.

  • 

    Cyberninja on 24/08/2016 - 19:32

    I have kept communications in email for record but also spoke to them 8/10 times after waiting for weeks for their response. Owner is aware of the problem. I was told that the owner has bought a new oven and he was arranging it to be sent and installed. That was two months ago. I had two email exchanges after that with no luck. Still waiting for it to happen.

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  devinadalovely on 24/08/2016 - 22:50

  We have had numerous battles with repairs, cleaning and other things with various rentals. We didn't wait too long after sending them emails with the jobs not done and went to the tribunal. We won every time. One agent lost the management contract with the owner. We went to the tribunal 3 times with this same agent who refused to fix the items listed. The member asked him why he ignored the orders and the dummy couldn't answer. The member informed him there was a hefty fine in the 1000s for ignoring his orders and lost of license. The jobs got done.

  We moved into another upmarket, expensive apartment with a greasy, filthy kitchen. The agent said that's the way it is these days! The kitchen sink flooded from a burst pipe one week after moving in. It took 3 tribunal visits to get the money back as we called an emergency plumber on Christmas Day. There were quite a few other things needing repairing and that was included in the three tribunal visits because they wouldn't do them.

  We were threatened with eviction by a young, arrogant p…k for something else who rudely put us down (sis and I being female).
  This was sorted after complaining by email about his stinking attitude. He was fired.

  Our clothes dryer stopped working and it took the owner months to get a new one. He bought the cheapest on the market.
  Same with faulty rangehood that was never installed properly.

  Tenants are considered 2nd class citizens by agents and owners so you have to get tough to get what you pay for. They don't think your problems are anything to worry about like leaking toilets that won't stop the water running into the bowl, sinks that don't drain the water out of and other things that make you feel like you're living in a slum.

  My sister rented a house where mould was all over the lounge-room wall seeping from the bathroom. The owner refused to do anything about it so sis went to the tribunal. The owner had to pay back all the rent and fix the mould of course. The owner was supposed to mow the backyard but didn't and rats were everywhere in the long, thick grass. The house was infested with cockroaches actually dropping from the ceiling into our food. This owner sold drugs from the house (lived above) and was out of it all the time.

  If we move, the kitchen will be left the way we found it!

  • 

    bex000 on 17/11/2016 - 17:36

    +1

    Can you please explain the process of going to tribunal?

    • 

      devinadalovely on 18/11/2016 - 12:48

      Go to Fair Trading in your state for more information and there would be a link for the Civil and Administrative Tribunal if it's not solved by Fair Trading.

      You can ring them for advice.

      You fill in a form for a hearing and it's pretty quick.

      Then you wait at the court for your case to be heard.

      Get there early and put your name on a list.

      Landlords rarely win!