Issues with Landord - South Australia

Pootie Tang on 10/07/2018 - 16:22
Last edited 10/07/2018 - 16:42

Howdy All

Basically, have moved into a property (unit) and we have a set of keys that will access any area with a swipe card (gym etc). All unit owners also have a swipe card whereas we just have a token. I have asked the owner for the swipe card in addition to our token as its easier to get around the property or to have in your wallet or provide to guests. She is refusing to supply it citing security issues. I would like to reference - Division 6 – section 1B of the SA tenancies act but not 100% sure it applies here.

italic"Re the swipe key, I don't really want to request and pay for another one as it's only a one bedroom apartment and generally they don't like having too many swipe cards floating around for security reasons

Next issue is the building has 2 functioning lifts out of 3. We only have access to one of the lifts and it takes at least 5-15 minutes (on a bad day) to get to the ground and get you to your floor due to it spreading its load across all the floor requests. I have asked for access to the private lift which can be granted but again was met with this.

italic Re the lifts, sorry, but I'm not keen to ask for permission to use the little elevator as the people from the high floors (from the 10th floor up I think) pay mega strata fees for the privilege of using that lift. I know if I was in their position I wouldn't want others who are not entitled to use that lift to use it, as that would clog up that little elevator and their journey to the top floors would take even longer. Think I was almost the only one using the stairs but that was for fitness reasons only

I can confirm this is not the case as a friend on the 3rd floor has access to the lift, so it seems to be out of spite or just lack of helpfulness. I have only lived there for 4 months and will not be renewing. We can use this lift she defines as high floor only to travel down but I want to be able to go up as well. In 2016 I broke my neck and also tore my PCL so the stairs are not an option I like to use.

Any advice on all this would be great. I have my next email drafted, but any input on how reasonable/unreasonable the landlord or I am been would be great.

Home & Garden

Comments

  • dylo on 10/07/2018 - 16:25

    Bikies

  • shrek4 on 10/07/2018 - 16:34

    Can you ask the strata or building manager directly?

    • Pootie Tang on 10/07/2018 - 16:44

      He was the one that advised to seek the permission of the owner to gain access to the lift. So I shot myself in the foot a bit.

      • HighAndDry on 10/07/2018 - 16:44
        +1

        That's the right procedure. You got nothing to do with strata, only the owner does.

  • HighAndDry on 10/07/2018 - 16:41
    +2

    Are there any areas you can't access without the swipe card? Afaik, the owner only needs to make sure you can access common areas, there's no requirement for them to provide a particular form of access.

    Same with the lift. You can get to your floor? That's… pretty much it. Your friend on the 3rd level might have bent the rules a little, or greased some palms somewhere, it certainly doesn't mean you're entitled to the same thing.

    • Pootie Tang on 10/07/2018 - 16:48

      No, can access everywhere. Just want the additional card to use for general purposes. She has it for access to the facilities which is fine but I want one.

      The building manager said we can have access to the other lift, he just needs permission from the owner, which as you can see, we currently don't have. I agree that I have everything I need, it's like having a laptop that just meets your requirements, don't you want one that excels at your requirements? (poor analogy but it's what I've got)

      • HighAndDry on 10/07/2018 - 16:49

        Well yeah, but if you want a better laptop, you also pay more. I'm sure if you offered the landlord enough money they'd agree. Honestly this is stuff you ask for and confirm before you sign the lease.

        Also, what's "Division 6 – section 1B of the SA tenancies act" got to do with this?

        • Pootie Tang on 10/07/2018 - 16:53
          -1

          (b) neither the landlord nor the tenant will alter or remove a lock or security device or add a lock or security device without the consent of the other

          She has removed a security device which is the key card. I didn't agree to it and It's is not listed as an exclusion on the lease.

        • HighAndDry on 10/07/2018 - 16:53
          +3

          @Gringoesai: ……….

          No. That's not what "security device" means in that context.

        • Pootie Tang on 10/07/2018 - 16:54

          What I'm really getting at is both these requests to me seem fair and reasonable. I shouldn't have to be paying for the privilege from my point of view.

        • Pootie Tang on 10/07/2018 - 16:55

          @HighAndDry: It is open to interpretation in my opinion.

        • HighAndDry on 10/07/2018 - 16:55
          +1

          @Gringoesai: Of course they seem fair and reasonable to you - you stand to benefit.

          This is one of those cases which goes like: "You can ask but they don't have to say yes." And the landlord has decided not to say yes.

        • dylo on 10/07/2018 - 16:56
          +1

          @Gringoesai: You have a token, they are not obliged to give you an extra security card. In the case of the lifts it's at the building managements discretion as agreed to by the owners of the apartments that use that special lift.

          I lived in a similar building with similar situation and unless you are willing to pay for these extra privileges there isn't really much else you can do.

        • HighAndDry on 10/07/2018 - 16:59

          @Gringoesai: It's really not. Read the context. "Security device" basically means anything else which helps to keep the premises secure, but isn't a 'lock', such as a latch, one of those chain things, etc. It definitely doesn't mean a swipe card.

        • Pootie Tang on 10/07/2018 - 16:59

          @dylo: Are you suggesting I lose the token? ;)

          There is no option to pay more for this service, I would if I could. It's purely my landlord's discretion

          Cheers

        • dylo on 10/07/2018 - 17:00

          @Gringoesai: If you did you would be charged a replacement key fee :)

        • HighAndDry on 10/07/2018 - 17:01

          @Gringoesai: If you lost it, you'd have to reimburse the landlord for their costs of replacing it. Which could be a LOT because it would also involve strata removing that token from their authorized access list.

          There is always an option to pay more. You text your landlord and say: "Oh hey sorry I didn't realise this would be so troublesome, but it'd really mean a lot to me. I'd be willing to pay $100 for your time and trouble."

        • robbyjones on 10/07/2018 - 17:16
          +3

          @Gringoesai: I think you will find that this relates to the property she owns, not common property. I am unsure of the laws in SA but in NSW a key (or fob or security card, whatever) for every lock must be given to every person on the lease. It sounds like you already have a key but want something more convenient to you. If you are the only person on the lease then her obligations are met. As the owner she has a right to have a security card and she isn't denying you access so you pretty much just have to suck it up. You could try explaining why you would rather have the card instead of the fob and ask if she would swap, I wouldn't give a second security card/fob to my tenant in the circumstances you have given but I may swap.

        • Pootie Tang on 10/07/2018 - 17:40

          @robbyjones: Thanks for the detailed response

  • Godric on 10/07/2018 - 16:42

    I hear there's a thing called cliff notes

    • HighAndDry on 10/07/2018 - 16:44

      TL;DR: OP is a tenant in a strata building, has keys to access common areas but not a swipe card the only difference of which seems to be just more convenience. Wants swipe card. Also has access to 1 of 2 lifts, but wants access to the other one that's apparently reserved for higher floors.

      • pyramid on 10/07/2018 - 16:46
        +3

        Thanks for TLDR. No merit, case dismissed.

        • Pootie Tang on 10/07/2018 - 16:49
          +2

          Thank you, Judge Pyramid

        • pyramid on 10/07/2018 - 16:54
          +1

          @Gringoesai: no worries mate. We regularly deal with similar cases in this community. Please do come back in case you have any other problem in future.

        • Godric on 10/07/2018 - 16:55
          +1

          @Gringoesai:

          I agree with Judge Pyramids verdict.

      • DarthAntz on 10/07/2018 - 16:57
        +1

        and OP wants access to the gym, yet cannot use stairs for 1-3 floors due to injury. And OP will be moving out in possibly 2 months.

        If your goal is more convenience, why do you need other people to make things more convenient for you? Why not make them more convenient for yourself?

        This is what the owner understands, and you dont. You're living cheap in a 1 bedroom unit, theyre not going to start giving you (or a person like you) what you want. Compared to people on the top levels paying a lot more, you're not a priority.

        • Pootie Tang on 10/07/2018 - 17:04

          It's 6 floors, I have a bad knee and PTSD from breaking my neck so I don't deal well with going downstairs, upstairs is fine. How do I make them more convenient for myself? The unit is $420 a week so It's not super cheap. I Don't really get what your ultimate point is here? Are you implying I am a lazy entitled peasant?

        • HighAndDry on 10/07/2018 - 17:08
          +1

          @Gringoesai: I think they're only implying the "entitled" part, since what you're asking for isn't listed or included in your lease but you feel you're still entitled to them.

          Look, ask the landlord nicely and offer to pay. Everyone has a price.

        • Pootie Tang on 10/07/2018 - 17:10

          @HighAndDry: Don't want to go back and forth here but it doesn't say it's not included in the lease. There is a specific section for exclusions to which none of these are filled out (pass & lift).

        • HighAndDry on 10/07/2018 - 17:12
          +1

          @Gringoesai: Yeah, the landlord's firstborn also isn't in the excluded list I bet. Look - if it's not specifically mentioned as being included, it's not included. As you've said, you don't need either to actually access your unit or any of the common areas, therefore it's not essential, therefore it's an extra. Pay for the privilege, or don't.

        • cyssero on 10/07/2018 - 17:14

          @Gringoesai: Have you communicated your injury to the landlord? You can approach it along the lines of "look, I get that this lift is restricted for the mega strata fees residents, but I have this injury and it would really helpful if I could get access to it, or I may have to look elsewhere when my renewal is up".

          Keep in mind if they are paying extra lot owner contributions, they may have a by-law that says only owners who make these payments have access to the lift for themselves or their tenants. A private lift sounds private for a reason.

          All unit owners also have a swipe card whereas we just have a token

          Some buildings have both depending on who issues the keys at what point over the years. They are just a different type of the same thing - access.

        • HighAndDry on 10/07/2018 - 17:15

          @cyssero:

          "look, I get that this lift is restricted for the mega strata fees residents, but I have this injury and it would really helpful if I could get access to it

          Problem for OP is that there already is a lift he can use, plus one more being fixed. They just want the convenience of having access to two/three lifts.

        • cyssero on 10/07/2018 - 17:28

          @HighAndDry: Good point. Lifts are generally fixed within a few days unless it's a major part that needs to be ordered and is out of stock locally.

        • Pootie Tang on 10/07/2018 - 17:38

          @cyssero: it's a motor from a lift from the 80s out of commission for upwards of 9 months.

        • Pootie Tang on 10/07/2018 - 17:39

          @cyssero: I mentioned my knee but not my neck. Will try this tack.

  • HighAndDry on 10/07/2018 - 17:23

    Edited - can't find anything on a cursory search.

    • Pootie Tang on 10/07/2018 - 17:41

      Appreciate all your feedback. If I could throw $200 at the problem I would. No hesitation.

  • o53djz7qTPY4der on 10/07/2018 - 17:34

    Use the stairs. Put the fob on your keys.

    Problem solved.

    • Pootie Tang on 10/07/2018 - 17:39
      -1

      I love your thinking but you can only use the stairs to gain access to the ground floor, then you need to use the lift to go up one floor to the gym, entertainment area etc.

  • Randxyz123 on 10/07/2018 - 17:49
    +2

    If you’re 2 people in a 1 bed room, ask for another swipe card or token so you can both come and go as you please.

    The token vs card is a non issue imo and both can fit in a wallet easily. I also wouldn’t mention “provide a card to guests” as to me that implies you’re going to be using it for a air Bnb.

    With the lift maybe reply with something like

    “Hi <landlord>,
    Could we perhaps be granted access to the other lifts until the second lift that services my floor is repaired. Unfortunately I have a number of medical issues that makes climbing stairs not possible. I understand some residents may pay extra but given my medical circumstances it would be great if you could reconsider.

    Below is a email from the building manager confirming I just need your permission.”

    Kind Regards
    <your name>

    • Pootie Tang on 10/07/2018 - 17:55

      Have tried similarly in the op. Maybe a doctor note. It's only until we have the second lift back. Thank you for providing your feedback

  • Sofie519 on 10/07/2018 - 22:10

    Didn't read all the comments etc.

    Just wanted to say if OP approached me asking for "the swipe card in addition to our token as its easier to get around the property or to have in your wallet or provide to guests."

    'provide to guests' would definitely raise security concerns, as well as concerns you may want to sub lease part of the unit.

    • Pootie Tang on 11/07/2018 - 10:04

      Thanks for your input. The place is too small to sublet to a goldfish.

  • timmypete on 11/07/2018 - 13:06
    +1

    A bunch of aliexpress sellers have 125mhz RFID cloners (that come with writable cards and tags) for less than $20. Compatibility can be an issue in modern high security systems, but they generally work with apartments older than 10 years.

    I'm not familiar with how your rental agreement/SA legislation would handle this, but I think it'd be fine to clone your own card if - and only if - you are permitted to have keys cut without landlord approval, and hand in/destroy the clones at the end of the tenancy.

    • Pootie Tang on 11/07/2018 - 13:18

      Just ordered one. Thank you so much for this suggestion. Have you used them before? Is it just place the master key on and then apply the clone?

    • timmypete on 11/07/2018 - 13:28
      +1

      Most have a read button, which you press while holding the 'donor' card nearby, and a write button for the cloned tag.

      You won't get a beep if the donor card isn't compatible. A friend has one and it's worked on some systems but not others.

      • Pootie Tang on 18/07/2018 - 14:15

        Thanks again. I ordered two different models. The building security system is from around 2000 so I'm thinking it will work. No more turning off my car to swipe my fob to exit the car park.

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