Tenant Here - Disputing Solar Repair: Need Advice

tetsuma on 24/06/2020 - 04:19
Last edited 24/06/2020 - 04:20

Filthy renter here,

The house we are renting has had solar panels since we moved in. The relay failed several months ago and I notified them and they sent out a repairer… and we didn't hear about a remedy. I queried a few weeks later and they were still " talking about it" with the owners. Few days ago real estate said they would not be fixing it as it isn't on the lease(?).

Would this fall under general/routine repair? Does a part of the house need to be listed on the lease? RTA replied with a cookie cutter email which made me think I hadn't read the basics but I cannot find a definitive answer.

Any advice?

Home & Garden

Comments

  • tetsuma on 24/06/2020 - 04:23

    There's a NSW post regarding this issue but I'm uncertain if that's applicable or relevant here in QLD:
    https://www.tenants.org.au/tu/news/solar-power-and-tenants

  • ssquid on 24/06/2020 - 04:40
    +8

    Was it listed in the advertisement for the property?
    A fixture doesn't have to be explicitly mentioned in the lease, if it was working when you moved in (and especially if it was an advertised feature) it should either be repaired or the rent be reduced as compensation.

    • tetsuma on 25/06/2020 - 21:55

      Unfortunately even the house wasn't advertised.
      Real estate relocated us as the last house had the owner come back into town and want to move back in. We had two weeks to be out.
      The owner believed they were able to move in within one week which caused some tension amongst all parties and the property manager had these new property owners with our current residence just settled. They shoehorned us in asap.

      I'll write them explaining it as a working fixture and see what develops. Thank you.

    • mskeggs on 24/06/2020 - 08:16
      +3

      You often surprise me with the items you take issue with!
      I think I am realising nobody can know what Diji1 thinks on an issues until Diji1 speaks.

      • Ughhh on 24/06/2020 - 10:27
        +4

        He has a problem with everything that is privatised and anything that he does not understand.

  • lunchbox99 on 24/06/2020 - 06:12
    +5

    Pretty sure if it was working when you moved in they are obligated to fix it. No different to if the aircon stopped working.

  • Summoner on 24/06/2020 - 06:23
    +2

    You might try it under "inclusions"

    Inclusions are everything supplied with the property for the tenant’s use.

    Ask for some advice from RTA or Tenants QLD.

  • elgrande on 24/06/2020 - 06:56
    +2

    Filthy renter here

    Clean your house…

    • owli on 24/06/2020 - 07:05
      +5

      He doesnt have a house, try to keep up.

  • jimbobaus on 24/06/2020 - 07:39
    +8

    I know in Vic (as i am a landlord) the rules are if it was present when you moved in and was working then it must work for the term of your tenancy. If you vacate and they re-advertise the property and advise that XXX is non functioning and wont be repaired thats a different story.

    You can argue in you local XCAT that you chose to rent the property based on the fact the panels were there and that the fact they no longer work has added expenses you did not anticipate (increase in power costs etc)
    You would have a very good chance of getting an order to have them repaired.

    I would start with sending a "Breach of Duty" notice to your landlord (there will be an option that relates to my point above)
    give them the required time to remedy the issue and if they still refuse you can take them to XCAT and get a determination.

  • whooah1979 on 24/06/2020 - 10:03

    Look at the contract when in doubt.

  • Hellfire on 24/06/2020 - 11:31
    +1

    Ask for a rental reduction based on the amount the solar panels were generating (backdated to when they broke). That should make them take notice of what it's going to cost them if they do nothing.

  • tetsuma on 25/06/2020 - 21:56

    Thanks for the advice everyone. I'll kick the nest and see what happens.

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