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  • Tenant demands

    The tennants have demanded that we change the locks on all the doors (6 months into a 1 year fixed lease). Do I have to ? I have said yes at their expense but they are adamant it should be at mine.

    Also I had a slight leak one morning when the ball cock failed on the header tank and some water came through the ceiling. The tennant has demanded that I pay for all her damaged materials ($600 worth). Am I liable ? I have yet to see evidence of the damaged goods however.

    cheers if you can give me any pointers.

  • #2
    Originally posted by fullom View Post
    The tennants have demanded that we change the locks on all the doors (6 months into a 1 year fixed lease). Do I have to ? I have said yes at their expense but they are adamant it should be at mine.
    Are you currently meeting your obligation under s46(1) of the RTA? If you are, then point this out to the tenants and decline their request.

    Also I had a slight leak one morning when the ball cock failed on the header tank and some water came through the ceiling. The tennant has demanded that I pay for all her damaged materials ($600 worth). Am I liable ? I have yet to see evidence of the damaged goods however.
    Yes, but I would demand to see evidence of the damage and the costs to replace. Without this, you would be silly to pay out.
    Last edited by SuperDad; 14-01-2010, 08:23 PM.

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    • #3
      If you do have to pay for her goods, perhaps insurance will cover that cost and the cost of the ceiling repair. This will only work if your excess is low and you have evidence from her regarding the damaged goods.

      Think hard about renewing her tenancy at the end of the year.

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      • #4
        You are not required to change the locks unless their are problems with the existing locks working. There must be a catalyst that has sparked the request to change the locks as generally there is a reason behind such requests. When tenants rent a property they rent it as is, in the current condition unless you have agreed to make changes as part of tenancy negotiations then you are comitted. If there are no problems with existing locks or other aspects of the property you are not obligated to change or replace mid way through a tenancy. If the locks fail or break then you are certainly obligated and if tenants lose their keys and have security worries then they are obligated to meet any costs. I would inspect the property with the tenant, look at all locks/window latches individually and if some are not that flash then you may consider adding extra locks which sometimes can be cheaper than replacing. Deadbolts are cost effective and most property owners can install with minimal tools.

        With regards to tenant damage superdad is right yet again that a landlord is certainly responsible for any damages caused to tenants possesions in cases such as these. However, some tenants use this excuse to try and get one over the Landlord. Demand to see evidence such as photos or the actual items (another reason why and inspection may be prudent). If the tenant applies to the Tenancy Tribunal for compensation for damaged good the tribunal will also require evidence of the damaged goods as well as proof of values. Once the tribunal has ruled on an amount you can make an insurance claim for the damaged goods and you should be successful.

        However, if you inspect the property and can clearly see physical damage to paintwork or carpets that hint that a lot of water has leaked through and you also see acceptable evidence that goods have been damaged it may be worth giving the tenant the benefit of the doubt and making a claim ASAP to pay them out. With sufficient evidence the Tribunal would probably award this compensation anyway and your willingness to support & assist the tenant promptly will go a along way to nurture the tenancy and a positive relationship. It is important to remember that Property Investment and Tenancy Law is a peoples business! It is about building positive relationships. Usually, the better the relationship the longer tenants will stay. Long term tenancies, reduced vacancies and less wear and tear are our goal! More often than not, the more a property owner puts in to a property the better the performance of that asset or portfilio will be. This is often why a property manager is beneficial. Be proactive rather than reactive!

        Good luck,

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        • #5
          Just ignore her & see if her claim goes away, they are usually to lazy to take it any further... And with any luck a few months will drag on and any evidence will be lost.
          Need a website or anything to do with online marketing? Visit Christchurch Web Design.

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          • #6
            Thanks for all your advice-all very helpful.

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            • #7
              Tenants should have their own contents insurance.
              The three most harmful addictions are heroin, carbohydrates and a monthly salary - Fred Wilson.

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              • #8
                That's what I think is correct.

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                • #9
                  I'm guessing your Header tank didn't have an overflow tray or similar that usually goes out to the sofitt.

                  As to Locks, I have multiple locks, tumblers etc and change them between tenants.

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                  • #10
                    Should you decide you are going to acquiese to the tenants demands re locks, I would suggest instead of removing the whole lock, just replace the internal tumbler.

                    Much easier and much less expensive. This will also provide you with replacement spares should tenants lose keys or not return them on vacating the property.
                    Patience is a virtue.

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                    • #11
                      Originally posted by fullom View Post

                      Also I had a slight leak one morning when the ball cock failed on the header tank and some water came through the ceiling. The tennant has demanded that I pay for all her damaged materials ($600 worth). Am I liable ? I have yet to see evidence of the damaged goods however.
                      I had a similar issue once whereby the tenant claimed all of the power to the house went off causing her to lose all the contents of the frezer and she had just very conveniently fully stocked it up to the value of $400. No problem said I... I will be straight around to inspect the thawed goods and I will fully replace them. Oh, I had to dispose of them because they were rotting and beginning to smell. Again no problem, just show me the receipt and I will replace the goods. Again very saldy she had thrown that away too.

                      I said sorry... I can't help you.

                      I did however take her a $20 food voucher, which she accepted as full and final settlement, just in case there was any element of truth to her story. (Which I doubt)

                      End of story, never heard from her again on that issue.

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