ACT Rental Tribunal Advice

Lf221644 on 13/03/2020 - 09:59
Last edited 13/03/2020 - 13:53 by 1 other user

Hi

I will have a hearing with my landlord (as a tenant) at the ACAT. The landlord get a quote($2300) from a floor specialist to fix these floor damage and I do not think that will cost $2300 for some dents. The landlord agreed reduce the amount from $2300 to $1800 at the conference but I did not agree that. The convener from conference say if I do not accept that offer the hearing may ask me pay $2300 full amount and ask me to accept this offer.

I have another question is the landlord did not fix the rangehood until I stopped to pay the rent. Total 69 days, could I ask some rent back from these days as they did not want to fix the rangehood and how much should I claim (10%,20%,30%)?

Sorry with my poor English.

Thanks Jason.

https://files.ozbargain.com.au/upload/99547/77967/quote_for_…
https://files.ozbargain.com.au/upload/99547/77964/6.jpg

https://files.ozbargain.com.au/upload/99547/77963/5.jpg

https://files.ozbargain.com.au/upload/99547/77962/4.jpg

https://files.ozbargain.com.au/upload/99547/77961/3.jpg

https://files.ozbargain.com.au/upload/99547/77960/2.jpg

https://files.ozbargain.com.au/upload/99547/77959/1.jpg

Timeline

1.Moved in on 5/12/2018 and reported on 8/12/2018 the range-hood was not operational.

2.Contacted the agent by email on 10/01/2019 to notify them they the landlord has an obligation under the lease agreement to repair the range-hood.

3.On 18/01/2019, I received an email from the agent that they would inquire with the landlord on authorizing repairs of the range-hood.

4.On 21/01/2019, I emailed the agent for an update. I was informed by the agent that the landlord has approved the repair and would repair shortly.

5.On 29/01/2019, I notified and asked the agent again when they could fix the range-hood. Agent responded they were waiting on a part necessary for the repair work.

6.On 4/02/2019, the agent asked me why i did not pay the rent in a timely manner. .I informed them I had at point waited over 8 weeks for repairs to be completed on the range-hood and stopped any payment of rent until that repair work is completed

7.On 7/02/2019, the agent said she has tried very hard to resolve this dispute, and requested me to pay the arrears for rent and one week in advance rent and in turn would reach out to the landlord regarding the repair work along with stating the landlord is not excused from making this repair to the range-hood.

8.On 08/02/2019, I was informed that the landlord agreed to fix the range-hood.

  1. On 14/02/2019. I notified the agent that still, no repair of the range-hood had been completed. A handyman arrived to replace the range-hood.

  2. As of 08/12/2018-14/02/2019, I have been without a working range-hood for a total 69days.

Home & Garden

Comments

  • DeepHorizon on 13/03/2020 - 10:10

    So you didn't pay rent for almost 2 months because the rangehood wasn't working?
    If it was something like the oven or heating/cooling appliance I can understand that there may have been some urgency to have it repaired but withholding rent for something trivial as a rangehood then expecting to be reimbursed a percentage for that time is a bit ridiculous.

    Without photos of the floor it's next to impossible for anyone to advise on that
    Some of those scratches do look fairly deep, but I'm by no means a flooring expert so I'm not sure what would be involved with the repair

  • HighAndDry on 13/03/2020 - 10:11
    +1

    I… were you hoping we could give you quotes about flooring repairs?

    Since you're quibbling over price, I'll assume you're not denying liability. In which case the only thing to counter the landlord's quote is a quote from a licensed builder of your own for the same work.

    Don't know the relevance of the rangehood issue if you haven't brought it up until now, but sure, feel free to try a counter claim for the loss of amenity you suffered due to lacking a rangehood for the time after a reasonable period that it still wasn't fixed.

  • Baysew on 13/03/2020 - 10:14
    +2

    I do not think that will cost $2300 for some dents

    So what do you think it should cost and can you support that figure with quotes?

    • f221644 on 13/03/2020 - 13:55

      someone told me The floor company you/your landlord are considering hiring is essentially providing more work than necessary. The quote given to you to make any repairs is for an entire floor to be redone. At issue are a few spot areas where patches could be sanded and feathered and then applied with the same original finish as before. A worst case scenario would be to have an entire board slat replaced, sanded, seamed and installed. These repairs are minor . Spending thousands of dollars to repair a problem like that is not worth at all.

      • beautysnippets on 13/03/2020 - 14:06
        +3

        As Baysew has said, if you think the repairs should cost less - you need to go and get your own quotes from a qualified flooring specialist/repairer which supports your belief above. Simply by stating "someone told me it should cost less" is not going to fly in the Tribunal.

  • ykwon10 on 13/03/2020 - 10:16

    If you dispute the amount quoted then get your own tradie in to fix or quote. I cannot see the relevance between rangehood issue and this. Two separate issues and has nothing to do with this tribunal hearing you are attending.

  • Typical16-bitEnjoyer on 13/03/2020 - 10:23
    +2

    Call the Tenancy Advice Service at Legal Aid ACT on 1300 402 512.

    It sounds like you have no clue and are in over your head. No offence. Call and get some proper legal advice.

    EDIT: WTF the government defunded it…follow the advice: call Legal Aid on 1300 654 314.

    • HighAndDry on 13/03/2020 - 10:32
      -1

      While unfortunate, surely a tenants union should be funded by tenants, not by the government?

      But definitely seconding that OP needs proper advice.

      • Typical16-bitEnjoyer on 13/03/2020 - 12:53
        +2

        With that logic, should homeless services be funded by the homeless?

        • HighAndDry on 13/03/2020 - 13:55

          Homeless services aren't helping one group of society against another group. They're just helping.

          Tenants services help tenants against landlords - and government funding would mean effectively tax paying landlords are funding a service that's inherently designed to act against them.

          Edit: by your logic, employers would be funding unions.

          • Typical16-bitEnjoyer on 13/03/2020 - 14:43

            @HighAndDry: I didn't provide a logic, I was disputing yours :)

            All forms of government profit from landlords so it seems only fair they fund assistance for those who do not profit and only gain an essential human right, and deal with landlords who sometimes break the law, try to keep the bond unreasonably, prevent animals or babies and rule their tenancy like a dictator.

            • HighAndDry on 13/03/2020 - 16:57
              -1

              @Typical16-bitEnjoyer:

              so it seems only fair they fund assistance for those who do not profit

              Landlords receive money in return for letting someone live in their property.

              You might have a right to a roof over your head not you sure as heck don't have a right to live in any specific landlord's property.

              Tenants also break the law, and any government body should help both sides, not only one.

    • thatonethere on 13/03/2020 - 17:56

      Legal Aid ACT bid specifically to take on the work that Tenants ACT used to do. So they are funded to do it now.

  • Gronk on 13/03/2020 - 11:00
    +4

    Are you experienced in this sort of repair? Or are you just disputing the figure because it's higher than you'd like it to be?

    As for the withholding rent, here in VIC you can be served notice to vacate for doing that, so I think you should pull your head in just a little bit ;)

    • Davo1111 on 13/03/2020 - 11:16

      Or are you just disputing the figure because it's higher than you'd like it to be?

      i get that feeling too.

    • f221644 on 13/03/2020 - 20:53

      Yes ,they could sent notice but must be 14days and I only hold the rent 13 days so they can not send notice .

      • Gronk on 14/03/2020 - 15:49
        +1

        Oh I see, I hope that one day you end up with a tenant just like yourself, you sound like a real superstar ;)

  • Davo1111 on 13/03/2020 - 11:15

    What ws the damaged caused by?

    How did you decide how much the damage is worth?

    • f221644 on 14/03/2020 - 08:03

      The dent from my bed ,chair and table .

  • Dumax on 13/03/2020 - 11:38
    +4

    1. You are required to return the property in (substantially) the same condition to which you received it, less "fair wear and tear". Without knowing what the quote for repair was for exactly, it's difficult to assess if the quote cost is excessive or not.

    Have a read of Floor finishes, timber and polished floors guide. This is from NSW but the information is equally valid for ACT.

    Essentially, where there is damage that exceeds "fair wear and tear" the age of the item in question must be accounted for (e.g. you cannot claim the cost of a brand new floor for damage to a 15 year old floor) and the cost must be to only repair the actual damage (e.g. you cannot sand and polish the entire floor due to a few small spots).

    Your best course of action would be to claim "fair wear and tear". Failing this the next objective would be to reduce your liability by arguing (1) the age of the flooring diminishes the value, (2) the size of the damage is small relative to the size of the floor, (3) the lessors failure to maintain contributed to the damage (especially if it wasn't polished when you moved in).

    2. Regarding the range hood - under s57 of the Residential Tenancies Act 1997 they must repair non-urgent within 4 weeks of being informed. Under s71, ACAT can order a reduction in rent where the lessor does not keep the property in reasonable state of repair. The percentage reduction for the loss of use of a range hood is not clear but I imagine it would be fairly limited as it does not ultimately prevent you from cooking.

    Good luck.

  • Traveller107 on 13/03/2020 - 13:49
    +3

    Mate you really did a number on that floor. If the damage is deep then the entire floor needs sand and polish.
    Also depends on how old the flooring is.A 100yr old timber flooring can be very expensive to fix and tribunal will make you pay through the nose.
    My neighbours tenants left big deep scratch marks in the floor of a stunning old queenslander. They had to pay close to 4k to sand and polish the whole floor as sanding only spots would leave big uneven floor surface. The tribunal ruled in the landlords favour.

    Just take responsibility for your actions. Your landlord agreeing to the lower amount is already showing tribunal that he is mitigating losses and being reasonable. Tribunal might just rule in his favour and force you to pay the larger amount.

    • f221644 on 13/03/2020 - 13:58
      -4

      its a cheap base wood.it should cover by carpet or laminate

      • HighAndDry on 13/03/2020 - 14:07
        +2

        No, you're supposed to not damage it. You're also supposed to not withhold rent, but you did that too.

        Get some proper advice if you don't like what people here are saying.

      • brendanm on 13/03/2020 - 14:44
        +3

        People like you are what gives renters a bad name.

        • f221644 on 13/03/2020 - 21:00
          -1

          I do not think I did that bad ? They should make sure the rangehood work before let tenant moved in ? 69 days can not fix a rangehood?

          • brendanm on 13/03/2020 - 23:02

            @f221644: I don't care about the rangehood, you said that because you've scratches the crap out of the wood floor, that they should just chuck some carpet over it.

            • f221644 on 14/03/2020 - 08:02

              @brendanm: The dents from chair ,bed and table this base floor was very soft .

              • MrHyde on 14/03/2020 - 08:28
                +1

                @f221644: Did you use floor protectors underneath the legs of the chair/bed/table. We have wooden floorboards and each furniture that has legs; we have used protectors. Only cost a couple of bucks at Bunnings or Ikea. Without them, any slight movement would cause scratches and over time it will cause deep scratches that can't be sanded out and require replacement.

  • HighAndDry on 13/03/2020 - 14:02
    +3

    To address your edits: lol you're not entitled to withhold rent (while still living in the property) in those circumstances.

  • boomramada on 13/03/2020 - 14:32
    +1

    Obviously you haven't been rented before, first of all if you damage a fixture, you will have to pay for it.
    Range hood is a non urgent item, if they take time to repair, just escalate your issue within the real estate management. Then ACAT. You not paying rent not going to fix this issue. When you ask for reduction, they will ask for lost interest :)

    I don't think you get any advice from this site, more like their opinion.

  • orangetrain on 13/03/2020 - 16:01
    +1

    Before doing actions like withholding rent, see whether it's legal to do so.

    Also see from landlord perspective whether they can claim damages from tenant and what other rights they have.

  • ozbjunkie on 14/03/2020 - 08:42
    +1

    Sounds like the cost of being a profanity to me. Refused to pay rent for 2 months because of a 69 day wait on fixing a range hood.

    I'm a renter, and I'm not even in your side.

    Would you have treated the floors like that if you owned the place.

    Ive never had a problem with an owner, because I treat their place like my own. Never a late rent payment. Explains why my rent has increased 20 bucks in 8 years too.

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