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  1. #1

    Lightbulb existing chattels

    Have just brought an IP and inherited the chattels list which came with the tenancy agreement which was in place until 2013. I wasnt to concerned at the time with the TV and sofa and beds being on there but now the TV has broken and I understand I have to replace or fix the TV 'like for like'. Being a 42" I have to replace it with another 42", I would rather just get a cheap 20" or something like that because as soon as agreement expire wipe the chattels.

    My questions are

    1) Has anyone got any good ways to maybe convince the tenants to accept a cheaper TV.

    2) How can I wipe the chattels list mid agreement- if at all? Legally preferablely or even just informally with tenants

    3) When buying the property in the first place how could I have better negoitated the items listed in chattels better? i.e. should i have better checked their quality? Can I somehow write a new agreement gifting tenants current chattels so i have now no responsibilty for them? Do the chattels have to be of a certain standard?

    4) If a bed or sofa breaks can I resonablely assume it is because of tenants breaking them, and deduct anything from bond etc?



    Thanks

  2. #2
    Join Date
    Apr 2009
    Location
    Interspace
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    195

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    Quote Originally Posted by Jarm View Post
    My questions are
    1) Has anyone got any good ways to maybe convince the tenants to accept a cheaper TV.
    2) How can I wipe the chattels list mid agreement- if at all? Legally preferablely or even just informally with tenants
    3) When buying the property in the first place how could I have better negoitated the items listed in chattels better? i.e. should i have better checked their quality? Can I somehow write a new agreement gifting tenants current chattels so i have now no responsibilty for them? Do the chattels have to be of a certain standard?
    4) If a bed or sofa breaks can I resonablely assume it is because of tenants breaking them, and deduct anything from bond etc?

    Thanks
    1) pass ... dunno

    2) based on your plan to discontinue renting it out furnished, perhaps you can entice tenant (with written and signed agreement) that you are gifting it all to him/her as is where is provided they take ownership of and maintenance of said chattel ... however, if tenant genuinely intends to leave at end term, tenant may not be interested in being lumbered with chattel, you're then stuck with having to honour existing agreement, in which case you can't do it "legally" or force it on tenant
    agreement best along lines of sale agreement (not gift) ... listing date, both names, all items sold for nominal amount (say $1 or $10) ... with both signatures, yours as having received $10 ... automatically makes tenant responsible for items

    3) you should have set up new fixed term tenancy agreement with tenant to cover same period when you took over! ... AND should have been prearranged with tenant prior to S&P agreement going unconditional ... AND upon settlement, this new TA should have been accompanied with signed property inspection report listing condition of property and chattel as new, good or bad (inspection having been actually carried out by either yourself or PM with the tenant) ... BUT no use crying over spilled milk now

    4) even if tenant mishandled or broke summat, do you have property inspection report showing it was good? ... did you actually inspect all the stuff yourself to be able to say it was misused? ... in any case, the best you can do at any point is, go inspect it to determine what it slots into, fair wear n tear, accidental or misuse, in which case, it should be deducted from bond (provided you have signed inspection report evidencing it was in good nick) ... BTW, nothing stopping you conducting inspection and filling out new inspection report and getting tenant's signature on it now (if you don't already have one)

    a hunch is you may be wanting to move into property when tenant leaves, in which case, you would be well advised to do following:

    serve tenant with formal written notice between two months and not less than 23 days prior to end of current fixed term tenancy, that you require vacant possession at end of term also notifying tenant (in same notice) with date and time for property inspection which should coincide with end of fixed term ... AND closer to date liaise/remind tenant of appointment for inspection ... in actual fact you should be doing periodic inspections anyway, do one two months beforehand, this may give you prior sense of what to expect at end, or not (depends)

    this notice is crucial without which tenant (if difficult) may stay on even if you take it to tenancy tribunal ... best not risk it

    there are many good people here whom i hope will fill in gaps if i missed summat and i hope correct me if need be ... actually it would be good for someone else to confirm the 2month to 23 day time frame (please), think am getting alzys

    PS - i've PM'd you - check you private messages
    Last edited by props4u; 25-08-2012 at 11:48 PM. Reason: correction
    Derived from "Turbid" ..... akin to toxic Carbide(s) .... by adding "e" to "Turbid", we then have,
    Turbide(s) = new alternative word for Scumbag(s) .. Thankfully, humanity's minority -
    May 2012


  3. #3
    Join Date
    Sep 2011
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    Dunedin
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    1,685

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    how much is a 42, Harvey Normans are almost giving them away

  4. #4

    Default

    Hi

    I dont think you need to convince tenant to accept cheaper TV, you can just get same size TV but buy it second hand to minimize your cost

  5. #5

    Default

    Thanks Props,

    I had the PM do the inspection but I have not signed any new agreement or heard a property chattels condition report, will get on to that (offshore at present)

    Any truth in owners having to fix chattels despite them being gifted away?

    Got your PM, absolutly right!!!!haha

  6. #6
    Join Date
    Apr 2009
    Location
    Interspace
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    IMO "gifting" doesnt prove acceptance or transferal of responsibility ... whereas "sale" does

    sounds like someone here is playing you up, more than likely the tenant ... worst case scenario is tenant vacates but leaves all stuff behind under pretense of non acceptance of "gift" and you then have to foot disposal bill ... yet is happy to use it all in meantime and get you to fix it ... double standards!

    "chattels" are small part of a "Property Inspection Report" which includes every room ... eg lounge, bdroom, kitchen, bathrm, laundry and "general"

    and condition of every aspect such as ... rubbish bins, locks, garage, carport, grounds,

    now getting into nitty gritty ... walls, doors, lights, power points, floors, floor coverings, blinds curtains or drapes, windows, cupboards, sinks, benches, oven, refrigerator, dishwasher, mirrors, cabinets, bath tub, shower, wash basin, toilet, washing machine, wash tub, and chaise long, almost forgot, bidet and gold plated tapware

    unless place is a real dump of a place overdue for reno, LL's and PM's need such report showing condition like, is wall paint good or bad condition, are walls marked or filled with nail holes or not ... same with doors etc

    regarding chattel ... IMO try get PM to entice tenant to sign sale agreement for $10 or whatever ... vip, PM should try assess what price tenant would consider buying stuff for is a steal ... ie not necessarily $10 but sale could be for $50 or $100, a figure to make tenant believe they're on to winning absolute bargain price

    BTW where is your property (suburb) and is it house appt or unit ?
    i have PM'd you again
    Derived from "Turbid" ..... akin to toxic Carbide(s) .... by adding "e" to "Turbid", we then have,
    Turbide(s) = new alternative word for Scumbag(s) .. Thankfully, humanity's minority -
    May 2012


  7. #7

    Default

    Thanks Props, have emailed you

  8. #8
    Join Date
    Jan 2010
    Location
    Hibiscus Coast
    Posts
    1,802

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    Message to oneself:

    As an owner or landlord NEVER supply anything unless absolutely necessary in a tenancy that may require replacing or repair. The return on investment is NOT worth the hassle.


 

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