What Are My Rights for Non Urgent Repairs (Vic) ?

LoveOz on 06/08/2018 - 10:11
Last edited 06/08/2018 - 10:50 by 1 other user

I have been following up my rental agency on some non urgent repairs since the day I moved into the property 8 months back. These repairs are 1). 3 out of 6 burners of the stove not working 2). Oven not working 3). One of the fire alarm not working. Agency keep telling me all sorts of reasons including that landlord is not reachable, trying to find the warranty card for the appliances etc., What are my rights that I can enact so that these issues can be attended as soon as possible ?

Also landlord has organised a bank inspection of the tenanted for his refinance. I already accommodated one but looks like he is trying to reach different banks for inspections and I am getting calls to schedule another inspection. Do I have any rights in denying these inspections ?

Home & Garden

Comments

  • [Deactivated] on 06/08/2018 - 10:19
    -2

    Rights rights rights.

    Why not move out?

    • LoveOz on 06/08/2018 - 12:10

      I can't. I am under contract.

      • [Deactivated] on 06/08/2018 - 12:23
        -6

        You've pointed out the landlord is breaching contract. You're right, those things amount to major defects, ie. Requiring urgent repairs.

        If your landlord has breached contract, you should ask for a termination of your rental agreement.

        If you want to continue to live there and have things fixed, you may have to concede that there may be third parties attending to inspect. If this is not agreeable to you, instead of flexing some imaginary god given right to live in a building and have everything fixed without giving access to a landlord who sounds like he is in financial trouble.

        • minklet on 07/08/2018 - 10:52

          What a strange comment.

        • [Deactivated] on 07/08/2018 - 10:56

          TLDR - both parties appear to be mutually uncooperative and neither party seem to be accommodating. Move out and move on.

          Personal responsibility (not to be mistaken with liability) seems to be unpopular.

  • danielagain on 06/08/2018 - 10:21
    +1

    What state are you in?

    in QLD, I would send a Form 11 (Notice to remedy breach) and wait the time frame, then send again. if not resolved, i would look for alternative accommodation, and send a notice of intention to leave, which after 2 breaches should be at no penalty to yourself i believe.

    Let the bank do the inspection, you could be passive aggressive and put BIG signs up on everything that doesn't work, with a time frame on how long it has been unusable for, if the agent it there it might prompt something, though if its just the assessor, then there is probably nothing that will happen.

    good luck

    • LoveOz on 06/08/2018 - 12:11

      I am in VIC. I can't move out as I am under contract. See my reply below.

  • [Deactivated] on 06/08/2018 - 10:22

    The tennants union victoria would be a good place to start.

    https://www.tuv.org.au/

  • SnoozeAndLose on 06/08/2018 - 10:27
    +2

    so do you means for 8 months the stove and oven is not working and you still waiting for it to get it fix?

    If i were you i will wait no more than 2 months and demand it to be repair or ask for rent reduction.

  • o53djz7qTPY4der on 06/08/2018 - 10:33

    I'd be very concerned about the smoke detector. Surely this is an urgent repair?

    • DemocracyManifest on 06/08/2018 - 10:34

      Just get a battery one put in

      • pais on 06/08/2018 - 20:17

        If the building was built in the last 20 years, it must have a hard-wired smoke detector with a battery backup.

  • DemocracyManifest on 06/08/2018 - 10:33

    Sounds like landlord is broke. Is it a expensive place? Get a portable stove/frypan, a all in one cooker and a convection microwave in the meantime but you are probably going to have to go to a tribunal to get things fixed. Depending on your state you can pay for things to be fixed and get the landlord to reimburse. Otherwise be prepared to move out.

  • rompastompa on 06/08/2018 - 10:33

    2). Oven not working is worth 20%

    So, ask for a 30% reduction in rent? ;)

    • DemocracyManifest on 06/08/2018 - 10:37

      Haha good luck with that. Getting stuff like that is like getting water from a stone

      • macca9123 on 07/08/2018 - 09:07

        Is that more or less difficult than getting blood from a stone?

        • Tacooo on 13/08/2018 - 09:36

          Yeah that whole thing read weird.

    • Zedsdeadbabyzedsdead on 06/08/2018 - 11:40
      +1

      Works 60% of the time, everytime.

  • Some Human on 06/08/2018 - 11:44
    -1

    Stop paying rent - then you’ll get his attention.

    • minklet on 07/08/2018 - 10:52

      Don't do this.

  • Gronk on 06/08/2018 - 11:52

    Cooking appliances are considered urgent repairs, I'd be a little less honest and tell your agent that none of the stove burners work and you are unable to prepare your own meals - they'll have to act.

    Other non-urgent repairs can be a pain in the $&% and IMO you're better off finding somewhere to live, because even if you do win the fight against your LL / agent, it's going to be a uncomfortable relationship from that point forward.

    They're not all like that, our LL actually checks in every couple of months to see if anything needs to be repaired.

  • LoveOz on 06/08/2018 - 12:02

    I spoke to Consumers Affairs Victoria. They have mentioned that I have every right to deny the entry to the property under clause 67 of Quite enjoyment especially when they have done the house valuation once. Also under victorian law, landlord should attend the non urgent repairs in 14 days once I issue notice of breach of duty to tenants of rented premises. Form below.

    https://www.consumer.vic.gov.au/library/forms/housing-and-ac…

    • Cheaplikethebird on 06/08/2018 - 12:17

      Deny entry and prepare for all non urgent repairs to be put on hold indefinitely.

      • [Deactivated] on 06/08/2018 - 12:25

        Next post - I denied entry and my property isn't fixed. What are my rights to free rental?

    • Gronk on 06/08/2018 - 12:39

      Also under victorian law, landlord should attend the non urgent repairs in 14 days

      There's a whole world of difference between should and must.

      Also, having been through the breach notice process I can tell you that it's little more than a strongly worded letter, you'll still need to go to VCAT if the LL doesn't want to play ball.

      • Tacooo on 13/08/2018 - 09:37

        Even so, 8 months is a joke. At this point I wouldn't be surprised if OP can break contract due to breach on the landlords part.

  • Plug on 07/08/2018 - 12:21

    What do you mean by 3 out of six burners not working. If it's a gas hob I'd be raising hell as a faulty gas appliance is dangerous.

    • Tacooo on 13/08/2018 - 09:38

      Broken knobs, broken valves, clogs in gas nozzles. Could be any number of reasons, not necessarily dangerous.

  • veej on 07/08/2018 - 12:21
    +1

    You're going about this all wrong, a broken stove is classed as an urgent repair. A broken fire alarm is also a hazard because it needs to be working.

    Confirm with VCAT that this is classed as urgent and has been unattended for over 8 months then go over the landlords head.

    https://www.consumer.vic.gov.au/housing/renting/during-a-lea…

    Urgent repairs include "failure or breakdown of any essential service or appliance provided by a landlord or agent for hot water, water, cooking, heating, or laundering"

    • HeWhoKnows on 07/08/2018 - 13:13
      -2

      No YOU are going about this the wrong way.
      A couple of burners not working on a stove is NOT a broken stove.
      OP can still cook using the other 3 burners and the grill.
      So its NOT classified an urgent repair either.

      But yes OP should contact VCAT for options

      • veej on 07/08/2018 - 15:02
        +1

        OP can't even use the oven, let alone the 3 hot plates. Most people wouldn't say a broken oven is non urgent. It's been over 8 months ffs.

      • Tacooo on 13/08/2018 - 09:39
        +1

        Yelling gets you nowhere and makes you look like a moron (although your argument is also lending favour to that notion).

  • HeWhoKnows on 07/08/2018 - 13:09

    Tell the agent that you will deny all inspections until the landlord fixes your problems.
    Easy fix!
    I dont think you are obliged to agree to inspections due to the landlord refinancing.
    These can be done from "outside" and from strata plans
    Alternatively ask the local Dept of Fair Trading/VCAT

Login or Join to leave a comment
Login Join