Ceiling fan

Brisbane rental.

Quick question, rental photos showed ceiling fan but the actual house doesn't have one. Reason for discrepancy is during covid we used the photos of the other side rental to show what the place looks like 95%. Tenants did do a walk through the home with NO ceiling fan.

Few months later they are asking for one (agent says because photo showed it). I have no faith in any particular one agent and trust the collective wisdom of PC.

So do I legally have to put one in because the rental photos showed one? Even if the tenants did a walk through with no ceiling fan?

Thanks.

 

I'm not sure on the legality or not, but I'd put one in just because they saw one & have now requested one. If they hadn't seen the photos with a fan, it would be a different matter.

 

Your solicitor should be advising on what your contract said was included. Generally a contract is silent on inclusions unless people (wisely) note them for clarity. If they visually inspected the property they are just chasing a gain here. They would have seen and known there is no fan and could choose to sue at their signifcant cost for a minor item. It will cost them a substantial amount and their soliciitor would charge more to write a letter than the fan is worth.

Generally contracts contain a overriding clause which excludes agent representations, images etc and fixtures and fitttings as inclusion not listed. Same as you could paint a wall and it is a different colour. Take (or leave) the dishwasher etc.

Buyer beware also applies. If it was material they should have sought a retention prior to settlement since there is no warranty or need to make good a settled property contract.

 

Ordinarily I probably would. But there is no man hole and access to the ceiling being the middle floor, there is no way they can put a fan in there and run cables without having to pull plaster sheets off the walls and ceiling.

 

I don't think @Sackie is selling. I'm reading it as if the tenant has asked for a fan.

 

Thanks. It's a rental. I'm renting it out.

 

Yep.

 

Wouldn't they just feed it with yellowtongue? or just use the existing wiring? We had fans put in that only use a remote to control them, so don't have to worry about wiring a new switch.

Cheers,
Inertia.

 

I asked my builder and that's the feedback he gave me if we wanted to put in a fan in that middle level.

Tbh the house also has zoned ducted air-conditioning and a huge open door near the area they're asking for the fan.

I think they're reaching a little too much and just wanted a definitive answer from PC before I read my PM the rioting act.

 

In all our Rentals, doing the Entry Condition Report we mention all inclusions: carpet, dishwasher, smoke alarms, AC, fan etc etc.
Did the wordings of the Ad mention fan at all?
Did the Ad mention that the photo is taken from a similar Unit?
How long havev they been staying there? Unless the Tenants can prove that its rented with a fan, it's pretty hard for them to chase one now.

Anyhow, if you feel the need to get them a fan and ceiling fan seems a bit hard, you can consider wall fan or tower fan.

Good luck! Let us k know how you go.

 

The wording didn't mention fan.

Wording also didn't mention the pictures are from next door. I'll check the entry report.

Thanks

 

Does your aircon have a fan mode? Both of mine have. Maybe they aren’t aware and if it does would be happy with that?

 

There's a few things but basically if the rental advert said it had fans then you kinda need to put fans in or reduce the rent a bit or do nothing and let see if the Tenant will press the issue through xCAT etc. (It's cheaper and better to just put fans in).

Entry report doesn't matter for this purpose - it is not used as a guarantee or warranty of the what is or isn't included in the offering.

You just need a remote ceiling/fan light combo - they use the existing power source to the light for the fan-light combo, and it uses a wireless remote to control the fan/light (battery powered remote, little bracket sits on wall next to light switch to hold remote etc).

 

I'd be relying on the entry report - no fan & explain away the wrong photo was on the advert (if they have a copy).

It's no biggie to install as @Michael Mitchell notes - it replaces the light on the existing wiring & uses a remote rather than a control wire (too hard to pull another through).

 

Easy to install if the ceiling can hold the weight - on a metal frame ceiling it's not sure

 

Thanks everyone for your feedback. Appreciated.

 

Just on the info provided you probably would need to provide the ceiling fan, or offer a partial rent reduction. At least you get the choice.

 

If it's in Brisbane I would install a fan (with LED). Will cost you about $350 for a sparky to supply and install. He will swap it over with the existing ceiling light for power and it will have a remote control to function it