Tenancies complying with modern building codes

[drelly]

I have a real doozy of a tribunal hearing coming up and thought I might seek some sage advice on here.

The tenant is making some claims about the safety of a rental property that she abandoned. The house is 55 years old, so it's obviously not going to comply with current building standards. It's clean and tidy though - I finished decorating and recarpeted only days before she moved in.

Does anyone have any idea of where Landlords stand regarding building standards and rental properties? In particular, she's making allegations about the safety of the wiring (mostly original), some steps that don't have a hand-rail and an exit door that I didn't have a key for (fire safety issues).

Any help appreciated.

cheers,
Dave

[xris]

Dave,

Is she taking you to the TT, or are you taking her and she is making a counter claim?

what specifically is she alleging about the electrics?

xris

[cube]

Is she claiming that she abandoned the property because it wasn't safe?

I don't think the the act allows for that - she should have given you a 10 day notice to fix which could then have disputed. While that is going on she is still obligated to pay the rent.

"Not up to standard" and "not safe" are two different things, IMHO, so if the complaint is that the wiring is 50 years old, that is one thing. If it is that there are bare wires exposed on some fittings, that is another!

In a sensible world, the worst that could happen, I think, would be

1. You are asked to have a safety review of the wiring.
2. You are asked to install a hand rail
3. You are asked to fit a new lock.

However, the tribunal isn't necessarily sensible!

Good luck

cube

[drelly]

Hey Xris & Cube,

Short story is that I lodged a claim for arrears and when I turned up to the hearing, I find that not only have the papers not been sent to the court but she has also lodged a counter-claim that I knew nothing about. The hearing has been rescheduled for 25th Feb. Her counter claim is for some lost food due to an electrical fault and $4000 for stress!

While there was an electrical problem later on, all I was aware of was one plug that wasn't working on the stove which she wasn't concerned about at the time. I was overseas and she claims that she couldn't contact me or the person who was looking after the properties while I was away (which is bollocks).

Xris - She is alleging...

- The electrics are unsafe (she was running too many things off one plug which blew the circuit). Old house so not many plugs.
- There was only one exit and rental properties require two. (I can't find anything that says this) There was another exit door that remained locked.
- The outside steps were unsafe as they had no railing. (it was like that when I bought the place)
- The neighbours abusing her for using their driveway and me not telling her she can't.
- Reversing out onto the road is unsafe and trees block her view (on the verge).
- She claims that under the RTA "the premises must comply with all building, health and safety standards that apply to rental premises".

IMHO, while there were problems with the electrics (which have been fixed) it's mostly a smokescreen for her decision to abandon the tenancy. We received no notice to fix anything until after she had left.

[cube]

the premises must comply with all building, health and safety standards that apply to rental premises

indeed they must. Here's a list of them:

[drelly]

Er.... are you saying there's no list or did you forget the list?

[cube]

Yes, that's right

[drelly]

I thought that I'd give an update on this situation as it has just drawn to a close.

A couple of weeks ago, I had the tribunal hearing for both claims and I got everything I wanted with only minor loss to the tenant. I was awarded all the rent arrears and costs of advertising for a new tenant. The adjudicator did deduct $300 because I didn't arrange for a power point to be fixed before going away on holiday.

It's a bit annoying as it wasn't an issue for the tenant at the time and she did a runner without following the correct process. She has also been a landlord herself for over 20 years so she didn't even have ignorance as an excuse. However, for some reason this particular adjudicator (while very reasonable) seems to like giving the tenant a little something back every time.

I received the bond back within a few days. The balance of the order awarded was $1788.33. I wrote to the tenant asking for payment and calling down all the hell and damnation that the court collections unit can throw at her should she not pay me within 10 days. (ahem)

Incredibly, I received a cheque today for the full amount! *swoon*

The tenant's counter-claim was effectively dismissed. All good experience!

[Hound]

Nice work, Drelly.

[Keys]

Incredibly, I received a cheque today for the full amount! *swoon*

So, you're saying that you haven't got the money yet. (seriously)

[drelly]

Cleared, no. I just banked it today, so we will see. Interestingly, the cheque was from her ex-husband's account, who appeared as a witness for her to testify that he thought the wiring was unsafe. He was swiftly dispatched with questions like; "Are you a registered electrician?" and "Why didn't you call an electrician instead of trying to fix it yourself?".