Another Rental Repair/Advice Question

starbearer on 26/05/2017 - 22:18

Hi Guys,

I'm currently renting from an owner/landlord who's being a real pain. The issue started in Jan. The door to my apartment doesn't lock. It basically opens if you just push it gently. There is an additional door to the building which requires another key which is the only thing really which is preventing outsiders coming in. Insiders of the building however, can easily just push this door and gain entry if they wanted. There are laptops, jewellery and some other valuables inside which I own, however, the furniture and appliances came with the apartment, so they're his.

I asked him to come and fix it then in Jan, and he did come and fix it after a couple of weeks. The issue resurfaced in March. Since then I've been trying to get him to come and fix it, but nothing. It's been 2 months of texts, Emails, Phone calls and one time even a face to face confrontation. Still he has just made false promises of fixing it "next week".

Finally, I had enough and decided in April to stop paying rent. Its been one month and today he finally texts me saying that the lock and the rent are separate issues. He's even threatened to give me a vacate notice of 3 days. I told him if he can fix the lock today, I'll pay him today itself, but whats the guarantee that if I pay him before him fixing it, he will actually come and fix it "next week", which he's again claiming. To this he's just threatening vacate notices and RTA fines and almost ordering me to pay the remaining rent in full. I even offered to pay 25% not and remaining 75% on fixing the lock "next week", as a goodwill gesture. But again, he's just saying to pay first, and repairs "next week", to which I just call b/s.

There is a bond deposit as well, which I had paid him at the start of tenancy. He has lodged with the RTBA, I have the letter from RTBA for it as well. Its roughly a month's rent (slightly higher than rent amount which is owed at this point of time)

Please advise. Am I wrong in doing this? Is he wrong? What should I do next?

Home & Garden

Comments

  • John Kimble on 26/05/2017 - 22:22

    http://www.tuv.org.au/

    https://www.tuv.org.au/advice/getting-repairs-done/#urgent

    any fault or damage that makes the premises unsafe or not secure

    Do not withhold your rent from the landlord or use your rent money to carry out repairs. If you get 14 days behind in your rent, the landlord can serve you with a 14-day Notice to Vacate.

    Since January??? Jeez

    • starbearer on 26/05/2017 - 22:38

      Since March now. He fixed it once in January.

      I'm not sure if this classifies as urgent or non-urgent.

      • John Kimble on 26/05/2017 - 22:42
        +1

        Check with the TUV, but in my opinion not being able to lock the front door counts as:

        any fault or damage that makes the premises unsafe or not secure

        • starbearer on 26/05/2017 - 22:53

          The premises is like a town-house with each room converted into a studio apartment. The main door of the house locks properly. The door to my apartment which is inside this town house is has the fault lock.

        • John Kimble on 27/05/2017 - 03:04

          @starbearer: sounds like a crappy setup anyway

    • Richardc on 26/05/2017 - 22:47

      Block-quote If you can’t afford to pay for urgent repairs yourself, or if the repairs will cost more than $1800, you can apply to the Victorian Civil and Administrative Tribunal for an order that the landlord has to carry out the repairs. The Tribunal must hear applications for urgent repairs within 2 business days.

  • Amaris on 26/05/2017 - 22:24
    +1

    Get it fixed yourself and reduce cost from the outstanding rent. Attach the receipt with the rent. Keep records of your requests to him for the record.

    • starbearer on 26/05/2017 - 22:42

      Thanks. Any idea how much removing a door knob and adding a new one might cost? with labour charges as well?

      • John Kimble on 26/05/2017 - 22:47

        Really depends what is wrong with the door and/or lock I reckon. Do you need to replace the whole lock/knob or just the barrel? Could you do it yourself or you need someone to do it for you?

        • starbearer on 26/05/2017 - 22:52

          Whole knob. Being that it has already been faulty once.

          The problem is actually in the strike plate on the wall where the latch-bolt inserts itself into. It gives way even on minor pushing.

          It would probably be better that some one does it, since I dont have the tools, nor the knowledge.

      • Richardc on 26/05/2017 - 22:50

        usually just few screws, check youtube, u might able to diy, if u want it done fast.

  • altomic on 26/05/2017 - 22:27
    +3

    what is wrong wrong with people!!!!

    • John Kimble on 26/05/2017 - 22:30

      I don't don't know!

    • aboabo on 27/05/2017 - 00:42

      Two wrongs don't…

  • spackbace on 27/05/2017 - 02:37
    +3

    Don't withhold rent, don't pay for it and take it out of the rent. He can absolutely take you to the cleaners for doing either of those options.

    Go to the relevant tenants advice service. Pretty easy to give the landlord a nudge once you're properly clued in. Might be harder now you've definitely messed with any relationship.

    But absolutely never ever withhold rent!

  • spal on 27/05/2017 - 06:49
    +1

    On a side note, depending on how many tenants live in the property, it may be considered as a rooming house. Different rules apply for rooming houses. Maybe do some google research and see if it is indeed rooming house. Then you can speak to consumer affairs VIC (because you said RTBA, assuming you are in VIC). Government changed legislation few years before due social housing issues and rooming house landlords not maintaining properties. Now stricter rules apply.
    It could also be an illegal rooming house, so I doubt if you explain this to the landlord he will keep ignoring you. He may serve you with a vacation notice, and if you go to VCAT, he is likely to be in trouble.

  • [Deactivated] on 27/05/2017 - 07:28

    Lodge a dispute, the amount of stupid misguided information here is scary
    If you have had an issue since January, why haven't you lodged a breach notice the landlord, are people scared of utilising their rights as a tenant?
    I had an issue with an Oven switch, took days to get fixed, breach notice, owner had 7 days to fix, if they don't fix it, then you can take it to the appropiate tenant court in your location (for me qcat = queensland)

    Most owners usually fix the breach within 7 days to save further issues, but for gods sake do not stop paying rent
    Did you do an entry condition report when you moved in? why wasn't the issue raised then, you could be liable for "damage" if its ticked OK on the entry report, even if you didnt cause it

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