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  1. #1

    Default Maintenance issues

    Which are the things that a landlord is obliged to fix for the tenant?

    FYI, tenant has been living at the property for some years. A rent arrear notice letter was issued and in response I had this rather emotional request to fix the following:

    1. Outside sensor light by side door not working
    (I think this is LL's...)

    2. Request to re-paint and water blast the deck around house - for the reason of it being "slippery"

    3. Water running down the range hood flue when raining, leaking through roof

    4. Smell of gas emitting from the gas heater which originally was installed at the house
    (Can I simply remove the gas heaters or is there such an LL's obligation to provide heaters?)

    5. Pot holes in driveway: pot holes allegedly filled with water is said to be dangerous.

    Would be happy to arrange to fix the ones that fall under LL's obligation..



    Also the tenant claims that this guy:

    - will remove the new alarm the tenant installed after the break; with which I am fine but we had an alarm before and he took it out. Can I request to have it reinstalled then?

    Your comments will be highly appreciated.

  2. #2
    Join Date
    Feb 2009
    Location
    Auckland
    Posts
    212

    Default

    I think you are definitely on the hook for 1, 3 and 5.

    Number 4 probably falls under a requirement to keep fixtures and fittings in working order (take a look at some of my earlier posts where I had a similar problem with some electric gates). I don't think you can arbitrarily remove chattels if they are inconveniently broken.

    Number 2 - no idea. As a tenant I would use an anti moss agent myself and let the landlord deal with painting as it was deemed necessary by the landlord.

    The alarm. Yes you can ask to have the original reinstalled.

    None of this impacts the tenants obligation to pay the rent though. They are completely separate issues.

    Disclaimer: as always there are professional property managers on the board who are going to have a much more educated opinion on three matters.

  3. #3
    Join Date
    Sep 2003
    Location
    High up above and deep down under
    Posts
    10,915

    Default

    No 2 tell them to squirt some Janola on the wood work then wash off. Problem solved.
    "There's one way to find out if a man is honest-ask him. If he says 'yes,' you know he is a crook." Groucho Marx

  4. #4
    Join Date
    May 2004
    Location
    Bay Of Plenty, NZ
    Posts
    3,604

    Default

    Tenant is obliged to pay rent as arranged ie weekly, fortnightly, whatever.

    Any maintenance issues are another matter.

    Now that you have been made aware of these issues, you are required fix them.

    Agree with 1, 3, 5 being LL's.

    2. Request to re-paint and water blast the deck around house - for the reason of it being "slippery"
    Agree with muppet on this one. Even supply the Janola (perhaps??!!)

    4. Smell of gas emitting from the gas heater which originally was installed at the house.

    (Can I simply remove the gas heaters or is there such an LL's obligation to provide heaters?)
    If the gas heater was working when the tenants moved in, then yes, the LL needs to repair if necessary. If it wasn't working when they moved in, you could probably just remove it.

    Also the tenant claims that this guy:

    - will remove the new alarm the tenant installed after the break; with which I am fine but we had an alarm before and he took it out. Can I request to have it reinstalled then?
    Okay, I think this means that there was a break-in and after this the tenant removed the existing alarm and installed another one?? If that is the case, then the tenant must remove the alarm they installed and re-install the one that was fitted when they moved in.

    Make sure that it actually is going when they move out. Any costs incurred ie getting an alarm company check the "re-installation" should be deducted from the Bond before the Bond is released.
    Patience is a virtue.

  5. #5
    Join Date
    Jan 2004
    Location
    Wellington, New Zealand, New Zealand
    Posts
    456

    Default

    Re Alarm: Did you consent to the alarm change? Have you been given an alarm code for the new system so that you have access if/when required? I believe this falls under the stautes of RTA Section 46 locks or "similar devices"

    46. Locks—((2) Neither the landlord nor the tenant shall alter any existing
    lock or similar device, or add to or remove from the premises any
    lock or similar device, without the consent of the other given at
    the time that, or a reasonable time before, the alteration, removal,
    or addition is carried out.
    (3) Failure to comply with subsection (1) of this section, and
    contravention of subsection (2) of this section, without
    reasonable excuse, is each hereby declared to be an unlawful act.

  6. #6
    Join Date
    Jan 2004
    Location
    Wellington, New Zealand, New Zealand
    Posts
    456

    Default

    Also, This was in a latest BRANZ newsletter :
    Slip resistance and private dwellings
    "Under Building Code clause D1, there is a requirement to meet minimum slip resistances for the usual path of travel between the public street and the main entry to the dwelling. There are no other mandatory requirements for slip resistance within and around stand-alone dwellings. BRANZ believes safety is important, and walk-on surfaces in wet areas (bathrooms, laundries), decks and around pools should have sufficient grip so that they are not dangerous to walk on when wet"

  7. #7
    Join Date
    Mar 2010
    Location
    North Shore City
    Posts
    342

    Default

    If the original alarm was not sufficient to provide protection for the tennant, and he replaced at his cost, then he must re-install the original if you so request. Be careful, because if a new tennant is burgled and you had knowledge the alarm was insufficient and the new tennant discovers you new, then you may be legally liable for any losses, as the previous tennant made you aware and you failed to act for either tennant. Just my thoughts.

  8. #8
    Join Date
    Jun 2007
    Location
    Wellington
    Posts
    1,237

    Default

    Quote Originally Posted by candel View Post
    Which are the things that a landlord is obliged to fix for the tenant?

    FYI, tenant has been living at the property for some years. A rent arrear notice letter was issued and in response I had this rather emotional request to fix the following:

    1. Outside sensor light by side door not working
    (I think this is LL's...)

    2. Request to re-paint and water blast the deck around house - for the reason of it being "slippery"

    3. Water running down the range hood flue when raining, leaking through roof

    4. Smell of gas emitting from the gas heater which originally was installed at the house
    (Can I simply remove the gas heaters or is there such an LL's obligation to provide heaters?)

    5. Pot holes in driveway: pot holes allegedly filled with water is said to be dangerous.
    1. LL fixes, unless its a blown bulb and the Tenancy agreements states that the tenant replaces consumables such as light bulbs and batteries in smoke alarms.

    2. Does the TA state who maintains the grounds? If its the tenant the de-mossing is on the tenant. On the other hand if it really is slippy and they break a leg then there is a certain "duty of care" argument. Thankfully there is ACC in this country, so I can't see you actually getting sued.

    3. This is degrading your asset. Why isn't it fixed already? (By you of course :-).

    4. Is there a real problem here? Tell the tenant you'll get a gas man to check it out, but if there is no problem then they must pay his call-out fee. If they are OK with this then do it. If not, then maybe do it anyway (it's gas...if your house blows up you will lose a bit of rent).

    5. Is there a real problem here? It 's reasonable to require you to keep the driveway as "usable" as it was when they moved in . Has it actually degraded?



 

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