Compensation for smell

Discussion in 'Property Management' started by Alex P Keaton, 24th Sep, 2019.

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  1. Alex P Keaton

    Alex P Keaton Well-Known Member

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    Hi I just got this message from my PM. Has anyone had a similar situation? I’m just wondering what others would do. I don’t believe I should have to compensate the tenant. What do you think?

    As soon as I got the call to say there was a problem I gave permission for my pm to arrange for someone to go and have a look.


    Hope you are well

    As you are aware the tenant has been complaining that there has been a bad smell at the property. We have since had a contractor go out to the property and found several rodent carcass in the roof.

    The tenant has been unable to live at the property due to the smell and is requesting compensation. Can you please advise if this is something you would consider.

    Please feel free to contact me if you have any queries
     
  2. The Y-man

    The Y-man Moderator Staff Member

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    - How hard is it to get fresh tenants after major fumigation (or it could just need a spray of Glen 20)
    - Are these tenants on a lease?

    The Y-man
     
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  3. Michael Mitchell

    Michael Mitchell Property Manager Business Member

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    Personally I try never to volunteer compensation, if the Tenant feels strongly about it they can go to the effort of taking it to xCAT and pleading their case. As a Lessor/Agent, obviously be empathetic to the Tenant but protect and enforce your rights. I've found with "victim" tenants, the more you give the more they want to take and the more their sense of entitlement grows, it's a slippery slope, best not to go down it.
     
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  4. Sackie

    Sackie Well-Known Member

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    I've had this exact scenario in the past. Even took me to the tribunal ( and they lost).

    You need a chance to address the issue . Also if it's really that bad that they can't live there, you should be able to choose reasonable accommodation while the issue is being fixed. I hope you have a good PM. sounds like your gonna need one.

    I wouldn't be a push over and pay whatever they want. Address the issue asap.
     
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  5. Alex P Keaton

    Alex P Keaton Well-Known Member

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    Hi yeah a twelve month lease. Six months left
     
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  6. Alex P Keaton

    Alex P Keaton Well-Known Member

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    Ok thanks! Yep that’s what I’ve been thinking too.
     
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  7. The Y-man

    The Y-man Moderator Staff Member

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    If you can get replacements easy, maybe you can say "Here's the deal: no compo, but I'll let you break lease early so you can escape the smell."

    The Y-man
     
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  8. Pumpkin

    Pumpkin Well-Known Member

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    Please elaborate. Needs more details.
     
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  9. Alex P Keaton

    Alex P Keaton Well-Known Member

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    Hi

    Yeah I’ve addressed the issue straight away. As soon as my pm got in contact with me I told them send someone out straight away and sort it out and they did.

    This was about a week ago. Wish I’d followed up sooner now.
     
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  10. Alex P Keaton

    Alex P Keaton Well-Known Member

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    Oh. What kind of info are you looking for ?
     
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  11. Alex P Keaton

    Alex P Keaton Well-Known Member

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    Hi. I’m not sure if I can get a fast replacement tenant as it’s in Perth although I think Perth vacancy rate is doing better now.

    Oh ok so maybe this could be the way to go do you think? It’ll end up costing me.

    I’m not sure what to do.

    Thanks everyone for the suggestions
     
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  12. turk

    turk Well-Known Member

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    The question is how long between the agent receiving the complaint and the inspection and is there still an issue with the smell?
     
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  13. Bunbury

    Bunbury Well-Known Member

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    I smell a rat.
     
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  14. Alex P Keaton

    Alex P Keaton Well-Known Member

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    Ok I’ll have to give the pm a call in the morning. I only just read the email. They sent someone out straight away after getting the complaint.
     
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  15. Alex P Keaton

    Alex P Keaton Well-Known Member

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    Lol
     
  16. Alex P Keaton

    Alex P Keaton Well-Known Member

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    Anyhow it’s getting late. I’ll take my mind off it for now and get some sleep and I’ll handle it tomorrow.

    I’ll let ya know how I get on.

    Thanks :)
     
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  17. The Y-man

    The Y-man Moderator Staff Member

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    What did the left eye say to the right eye? "There's something between us that smells".... (scurries away)

    The Y-man
     
  18. turk

    turk Well-Known Member

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    Did the agent contact you straight away and does it still smell.
     
    Last edited by a moderator: 25th Sep, 2019
  19. Mel Morgan

    Mel Morgan Sydney Property Manager Business Member

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    So the rodents must have been in the roof for a while for the smell to gradually build up, if they didn't report an issue and then when they did it was resolved without delay then I don't think compensation is due. If the smell is still bad it may need someone to clean the spots, de-odourise and some ventilation through the roofspace.
     
  20. Scott No Mates

    Scott No Mates Well-Known Member

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    Pretty much as @Mel Morgan has put it. Get rid of the carcasses (yes, they stink), clean up the mess, deodorise and ventilate. Smell should go pretty quickly.

    Pests would have been up there for a while before they died (or found their way in to die), neither are your fault.