Repairs in New Build as a Tenant

Lukeypop on 17/04/2021 - 14:57

Moved into a brand new townhouse (renting) in mid Jan 21, few things popped up on the condition report requiring repair. Most notably the 2nd bedroom doorframe appears to have bowed and the door no longer closes and several spots in both bathroom missing grout.

These issues were highlighted in the condition report and on the REA preferred maintenance logging site in mid-late Jan. Long story short - REA keeps beating around the bush in regards to when repairs will be completed.

Just wondering what I can do if anything to get REA to actually act on this. The 2nd bedroom door is quite annoying for when we have guests stay and the bathroom grouting is only worsening when we clean.

In the ACT.

Home & Garden

Comments

  • oscargamer on 17/04/2021 - 15:13

    Seems weird that a new owner wouldn't want the items fixed. They would be the responsibility of the builder.

    Give these people a ring.

    https://www.legalaidact.org.au/tasact

  • thatonethere on 17/04/2021 - 15:15
    +4

    Bit dumb of the owner not to be claiming the warranty from the build to fix these issues. However, plenty of owners don't realise this.

    Anyway, the formal method (which make sour your relationship with the REA) is to write to them formally:

    1. quote the Residential Tenancies Act 1997 - page 162 (https://www.legislation.act.gov.au/DownloadFile/a/1997-84/cu…)

    "the lessor must make repairs, other than urgent repairs, within 4 weeks of being notified of the need for the repairs (unless otherwise agreed)"

    1. You could mention for the door not closing you would like to discuss a reduction in rent say $5/week as it is an inconvenience to you - that usually gets their notice.
    2. The bathroom may not appropriately waterproofed/tiles may not be sufficiently secured and you will not be liable for damage caused by leaks.
    • Switchblade88 on 17/04/2021 - 15:25

      Unfortunately neither of these problems are considered urgent in legislation (unlike say hot water not working).

      But since the tenant has lodged the query, any future claims for water leakage are easily dismissed since the REA didn't act.

      • thatonethere on 17/04/2021 - 15:32
        +2

        if you read the clause the REA has 4 weeks to make the repairs (unless it is urgent repairs).

        I'd recommend doing the letter in case the REA's job logging system magically loses the job…

    • PissLUR on 17/04/2021 - 15:26
      +1

      the owner can only claim once during the 6 or 12 months maintenance period. so they wont be in any hurry,

      • Logical on 17/04/2021 - 22:06

        claim once what? the defect? who says that?

      • Extreme on 18/04/2021 - 14:14

        That’s not true at all.

        The issue would more than likely be as it’s a warranty repair, it’s a low priority on the builders behalf. As such these things usually take months for the repairs to be carried out.

  • brendanm on 17/04/2021 - 15:26
    +2

    The owner likely wants them done, and the builder is making it hard. Just my experience.

    • lunchbox99 on 17/04/2021 - 16:10
      +9

      Don't rule out the alternative - the useless REA hasn't even told the owner, so they are oblivious to the issue.

      • brendanm on 17/04/2021 - 17:10

        Also very likely.

    • Wickz on 17/04/2021 - 17:28
      +3

      This. I built my place and the three month maintenance was due in March. I submitted all the forms with a very long list of defects and they have been “busy due to covid” and dodging all my emails and calls trying to lock them in for a date to repair.

  • GourmetFoodie on 17/04/2021 - 15:40
    +2

    You need to find the right paperwork for your state and log the forms. This kicks starts that you are serious and then eventually you can take them to your state's appropriate tribunal if things are not fixed. We ended up at the tribunal after renting a new build and got a material period of rent reduction as compensation for repairs not completed in a timely manner. The most important thing is put EVERYTHING in writing and keep a timeline and evidence of everything related to the dispute.

  • MagicMushroom on 17/04/2021 - 16:25
    -2

    Start looking for a new place to rent. Your experience with that REA/owner likely won't get better.

    • Lukeypop on 17/04/2021 - 16:45

      Yeah I was kind of concerned when we realised their condition report contained over 1500 photos for a small 2 bed townhouse and they wanted each of every 250+ pages hand signed and dated.

      • Blue Cat on 17/04/2021 - 16:48

        condition report contained over 1500 photos for a small 2 bed townhouse and they wanted each of every 250+ pages hand signed and dated.

        Excuse me, what the actual f? I never heard this crap. Can you tell us more?
        You had to sign to confirm that the pictures represent current state of the unit, if I understood correctly?

        • Lukeypop on 17/04/2021 - 16:55
          +1

          Correct, 6 pictures per page and over 250 pages to sign.

          • Blue Cat on 17/04/2021 - 17:19

            @Lukeypop: Should have told them you will sign them if you inspect the unit yourself and confirm every photo with the place where it was taken :)

            Would have been fun to see their reaction.

            • orangetrain on 17/04/2021 - 17:28

              @Blue Cat: "Okay, here's keys, you have a week to send it in"

              • Blue Cat on 17/04/2021 - 17:29
                +1

                @orangetrain: Stay for a week for free and run away from this crazy landlord claiming "yeah some photos didn't match yeah sorry yeah here's your keys bye"

                • orangetrain on 17/04/2021 - 17:40

                  @Blue Cat: "Hey landlord, they now owe lease for the whole period. We'll send them to debt collections and file request for their bond. Lets get the next sucker!"

  • knasty on 17/04/2021 - 18:35
    +2

    We moved into a brand now duplex…found out later it hadn't even been issued its occupation certificate. Big name builder but the plumbing was wrong - the bathroom floor waste stunk of the sewer so obviously wasn't plumbed properly. Shower heads barely had a dribble coming out. Moved out after 6 months. Mental note from that point on - don't rent something brand new.

  • Rkel403 on 18/04/2021 - 08:58
    +1

    Was in a similar situation previously, brand new town house with leaking flat roof over head. I suggest you keep hassling the REA, the owner will thank you for it in the long run.
    Most of these building companies have a B Team that that look after defects, in our case the leading hand had no idea what he was doing and wasn’t interested in his job. The mission of this B team is to delay and make minimal repairs to the point that the warranty period elapses.
    They would come, spend 2 hours onsite, rip up the living room floor and wall and then disappear for a month.
    Initially I was blaming the REA for inaction, so after a fair bit of frustration (duct tape type solutions to major problems) I asked for the builders number directly so that I could be onsite at the times they were supposed to be doing repairs.
    Long story short, the builder was lying point blank to the REA on many occasions about actually visiting and doing repairs. One occasion I took time off work to let the builder in at a time agreed by REA. I left front door and gate wide open, stood at front door waiting for builder to show up. An hour later after a no show I ring the REA who puts me on loudspeaker with the builder ( unaware that I was on the line) builder says “ya, I was there 45 mins ago and nobody was home to let me in, hung around for 30 mins but had to move on to another job”

    • Quantumcat on 19/04/2021 - 07:39

      That builder must have been a postie in his previous career

  • Hirolol on 18/04/2021 - 18:50

    I know someone that lives in a brand-new house and they had a few issues, they contacted the builder but he wouldn’t even come and have a look, so the person I know spoke to his solicitor and sent the builder letter, from then on everything got fixed fairly quickly.
    I think the letter basically said it’s their obligation to repairs things as it still under warranty, and if they don’t repair anything the next step would be court case.

    Hopefully the laws are similar for ACT, I am in Victoria.

  • OzHunterNSW on 20/04/2021 - 09:44

    You do not touch it…. you notify your land lord.

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