Compensation VCAT - No heater

Hi TMNT

But why didn't the electrician just get a key From the REA and fix the issue?

 

@TMNT And, how much was the actual compensation awarded, i.e.: $5/week for 160 weeks, or x% of rent for 160 weeks?

Thanks for sharing, too.

 

It wasn't a agency electrician. In hindsight I should have arranged that. I just told them to go at a certain time. I guess it's me being a creature of habit

Compensation was $1120

 

So

Does that mean that the tenants had not agreed to be at home each of the '5-8 times' the electrician went to repair the heater?

It sounds like the electrician just turned up at random and the tenants (naturally) weren't home and that this kept happening for the 5-8times mentioned in the OP?

 

Via the agent, this is 100% your fault, sorry. Can't believe you didn't/couldn't just arrange for a key to be handed over and then provide access with notice...

As a tenant and landlord at the same time at the moment I went 9 days without ducted heating.
And in the middle of a Melbourne winter with agents/landlords looking for quick fixes and shortcuts and rescheduled visits before everyone finally decided a replacement unit was needed, but not before children with blue lips most mornings, purchasing electric heaters at own cost etc etc...

160 days? Give me a break.

 

Yes it is an inconvenience and uncomfortable to not have heating. If this was your PPOR and the heater broke - would have a brand new one installed the same day? Would you not try and get the heater fixed? Would you have had to take time off work to meet repairers or in turn installers? You probably would have had to put a couple of extra blankets on your kids beds, or had them wear socks to bed and yes grabbed a cheap fan heater or two - zone off an area and keep them warm in the interim.

Did you consider the shortcuts and quick fixes were an attempt to get the heater running asap for you? Because you are a tenant and the owner can't just enter at their will - they had to follow the rules and make a time convenient to you as well. Out of the 9 days - only one weekend?New system was in stock was it?- tradie sitting there without any other work just waiting to install you a new heater asap?

 

I think that’s pretty harsh, Owlet.

As a landlord in Melbourne I know that a few days without a heater is not a life and death issue!

However, if it looked like the repair was going to take more than a day or two, I would offer to provide electric heaters at my cost.

Of course, huddling under blankets to eat dinner and watch TV - and wearing extra clothing, a coat and a warm hat inside, are all doable for a day or two.

But, it is really unpleasant to have no heating at all when it’s cold. I think a week or more without heating in a cold Melbourne winter is unacceptable. (Different story in Spring of course.)

Tenants are paying for a house with heating and they should get a house with heating. And the landlord / REA should be demonstrably trying as hard as they can to provide it ASAP.

 

Yep, did all that, thanks for the common sense check. Except for the baby who's not allowed to have excessive bedding on them..

Point being, the landlord and agent in the scenario originally discussed, failed their tenant, intentionally or otherwise.

 

You are a very experienced landlord by now, ultimately i think you have to also take responsibility for the fact that between you and the PM you let 6 months pass by within it fixing a heater when it either of you 2 really wanted to you could and should have provided the tenant with appropriate notification and sent the electrician in to sort out with a key regardless of the tenants presence.

 

Wait so you have a PM and you chose to use and directly organise your own sparky and leave the PM out of it? Surely after it didn't work out the first 1-3 times you should have realised it was not working out instead of sending the sparky out 8 times over 6 months and getting no result???
Pennywise behaviour is often pound foolish, PMs sparky organised by PM would have prevented headache, sorted problem out quicker and left you without the need to compensate your tenant so significantly

 

No heating and/or hot water service is considered an urgent repair/essential service in Victoria, so when our PM took over 72 hours to reply and acknowledge, much less solve, then yes, they're not doing their jobs.. perhaps rather than speculate, get a proper understanding of each parties obligations to each other. Enjoy the rest of your weekend..

 

Yes good point. And i dont diaagree with you. Im more seeking legal pespective. A legal argument wont or shouldnt consider how experienced you are

Ultimately its ny responsibility but if i cannot get access to it i cannot fix it. Where do you draw the line

 

The amount it will cost you to get legal advice and to lodge an appeal plus the time wasted etc is unlikely to result in a win even if you win imo, time to get a bit of advice would have been before not now imo

That being said there may be some people willing to assist but ultimately you need specifc and qualified legal advice regarding your specific situation and potential appeal not opinions from people who likely don't have enough info to provide what you need or aren't qualified to do so imo.

How many days do you have to Lodge an appeal and are you definitely allowed to appeal this?

 

$1120 for 160 days is only $7 a day. I don't think that is unreasonable.

Being without heating in Melbourne, for the whole of winter, when it is apparently considered an essential repair (according to a PP), is unreasonable.

 

The heating failed and the landlord and agent fixed the issue as soon as they could. I notice that you didn't say what you would have done if it was your PPOR - when you wouldn't have someone else to blame. As a landlord - what would you have done? Received phone call from the agent and said - go ahead - get a new central heating unit installed today?

Inconvenient yes, far from ideal not to have heating for 9 days yes, tough when you have a baby yes (they do make Grobags - for this reason re blanket). Landlord and agent should be burnt at the stake.

 

The 'line' in my view is based on the reason you couldn't get access and whose fault it was.

Your OP made it sound like it was the tenants obstructing the electrician by not being at home at agreed times.

Your later posts indicate that the fault was yours for not arranging access correctly - and failing to do so over many months - and not the tenants fault at all.

It seems like the tenant was the true victim here.

 

No need to be so dramatic, ultimately what is being disussrd and what VCAT ultimately decided on was whether or not the landlord and agent did in fact fix the issue as soon as they could like you said. To me with my limited knowledge of the specifics it doesn't seem to be so as 6 months to fix a heater is absurd and would mean the landlord or PM have failed to meet their obligations.

Decision in tenants favour appears to back this but the relatively small sum of $7/day also seems to indicate it wasn't the worst of inconveniences , maybe there were some other working heaters and so was an incovenience that dragged on too long for the tenant as opposed to being a major issue like say no hot water for 6 months which would have surely lead to a significantly higher compensation sum, as an example

 

You had several avenues to get access, you just chose not to use them.

Even if you didn't want to use the services of your PM and their tradesman (and I really can't understand why you didn't), you COULD have given the tenant the correct notice, met your preferred technician at the property at an appointed time and provided access yourself.

The bottom line is that you knew the problem existed yet you allowed your tenant to go through an entire Melbourne winter with no heating?

Legally? You failed in your obligations to your tenant by not attending to necessary repairs in a timely manner. The tenant is entitled to compensation.

At $1120 penalty I think you got off lightly.
Marg

 

Just to clarify - I was responding to Adrian's anecdotal experience which he posted in this thread. I have not commented on the OPs situation.

 

thanks for your feedback everyone,

im going to chalk this down to experience

leason learnt

I was being stubborn because the agency received physical threats by the tenants family member when they moved in for a small maintenance issue