Problems with landlord

[Jerk]

A couple of friends of mine recently moved into a rental at the end of October, and within a week there were multiple serious problems including both upstairs showers leaking (there is one downstairs they can still use) through the ceiling, lights turning on and off even when off and now the garage door has started opening by itself. They have had plumbers through who have told them they need to be completely redone because they were not water proofed correctly. I told them to give them 14 days but property management has responded by essentially saying no one is available until after Christmas.

Is there any other options than waiting and negotiating rent reduction post fact? Thanks.

[BigWal]

Send them a 14 day notice, as outlined here. They are in breach of their responsibilities by "failing to provide and maintain the premises in a reasonable state of repair". (Section 45 (1) (b) of the Residential Tenancies Act)

Then lodge an application with the TT. (Technically they can do this a few days after they've sent them the 14 day notice, which will get them a bit further ahead in the TT queue. However, unless the problem is really bothering them they can just wait until the date specified in the 14 notice has passed and then apply to the TT. Provided they win their claim they should be compensated for the duration of the problem(s), so it won't really matter how quickly the TT hearing takes place)

If they can prove the problem(s) to the TT and the LLs haven't fixed them in a timely manner the TT will likely order some sort of compensation (e.g. reduction in rent until problems are fixed).

Your friends will need good evidence of the problem(s) though. Photos etc.

[revdev]

.....lights turning on and off even when off and now the garage door has started opening by itself.

Maybe you need the ghostbusters and not the Tenancy Tribunal?

[Perry]

Well, if the plumber is right, then the strange behaviour of lights and the garage door, indicate that the electricity switches/plugs do seem to now be suspect. I suggest the PM be urgently and emphatically notified of those items in particular, as leaking electricity is far more hazardous than a leaking shower.

[BigWal]

Well, if the plumber is right, then the strange behaviour of lights and the garage door, indicate that the electricity switches/plugs do seem to now be suspect. I suggest the PM be urgently and emphatically notified of those items in particular, as leaking electricity is far more hazardous than a leaking shower.

Also, the tenants should tell the PM that may decide to go ahead and fix the problem, and charge the PM / Landlord for the repairs, according to the RTA (Section 45 (d) (i) and Section 45 (d) (ii) , which states:

The landlord shall ... compensate the tenant for any reasonable expenses incurred by the tenant in repairing the premises where

(i) the state of disrepair has arisen otherwise than as a result of a breach of the tenancy agreement by the tenant and is likely to cause injury to persons or property or is otherwise serious and urgent; and

(ii) the tenant has given the landlord notice of the state of disrepair or made a reasonable attempt to do so

Don't get me wrong - They should not use this clause just to get something they don't like fixed.

They'll need to prove that the issue is likely to cause injury, or is otherwise serious and urgent. If they can't prove this they may not get repaid for any money they've spent on the problem.

However, electrical issues also involving water (providing they've got proof, and provided they've told - or tried to tell - the landlord about it), would probably result in them being paid back for any repairs they've paid for.

[mrsaneperson]

Like Perry said any water leakage around electrical points is very dangerous. I would say the 14 day notice to fix would not apply as the matter is urgent and should be attended to right away. In fact if the landlord did not act on this health & safety matter fairly instantly you are quite within your rights to get it sorted out yourself by hiring the trade professionals and send him the bill.

[Perry]

In fact if the landlord did not act on this health & safety matter fairly instantly you are quite within your rights to get it sorted out yourself by hiring the trade professionals and send him the bill.

Has anyone actually experienced this?

The first thing that comes to my mind is how a tradie is going to be persuaded by a tenant to do a job on the basis that someone else will pay. Be that a PM outfit or the LL.

[Learning]

I thought the process was that if the LL will not act in a timely manner, the tenant gets the urgent hazardous problem fixed at their own expense and takes the LL to TT for reimbursement. Therefore the tenant must be able to prove that it was urgent and hazardous.

[Perry]

Yeah - that makes more sense. Of course, depending on the scale and cost of the repairs, I wonder how many tenants can finance such an arrangement?

[Lanthanide]

I had a leaking shower because it wasn't properly waterproofed. Cost $30,000 all up to fix.

Doubt the tenants could swing that, or that they'd be able to find a contractor who would agree to do the work with uncertain payment provisions.

[Perry]

I doubt many tenants could carry 10% of that, plus the TT Kangaroo Kourt appln fee, etc.

[Wayne]

Would they not then need to prove that it was urgent?
In this case shower leaks and causes issues,
another shower avaliable
so don't use shower.
I would think an urgent shower waterproof would be a bit over the top and very, very expensive.
Or maybe I haven't followed this very well?

[Lanthanide]

Yip, I think a lot of people have got a bit carried away here. It is likely there is only a safety issue if the showers are used. Other showers are available, so don't use the unsafe ones.

Potentially you could seek a rent reduction for the loss of showering facilities.

[Learning]

Tenant common sense vs Landlord common sense. The winner is decided by Tenancy Tribunal adjudicator common sense. Russian roulette would be a safer option.

[mrsaneperson]

Would they not then need to prove that it was urgent?
In this case shower leaks and causes issues,
another shower avaliable
so don't use shower.
I would think an urgent shower waterproof would be a bit over the top and very, very expensive.
Or maybe I haven't followed this very well?

Water & electricity don't mix this would be able to be classed as a hazardous situation whereby the landlord would need to act immediately - the 14 day notice to remedy would not apply in this circumstance.