Compensation VCAT - No heater

Discussion in 'Property Management' started by TMNT, 5th Oct, 2017.

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  1. Joynz

    Joynz Well-Known Member

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    So it was payback from you to the tenant in 'sympathy' for the REA?

    If the 'physical threat' comment is true (and I am highly sceptical about that) then that is a completely separate matter and should have been dealt with by the RE agency.

    Not by you depriving the tenants of heating for 6 months.
     
    Joynz, 8th Oct, 2017
    #41
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  2. dabbler

    dabbler Well-Known Member

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    We went without heating all winter & cooktop and oven not working properly, mainly because was fixing tenants heating, cooling and appliances & lack of time.

    Not ever got a job like that done in 2 days, not ever, it takes longer than that for most PMs to even get to contact me, hot water in 48hrs is the norm, that is urgent, even then, pretty spoilt if you cant work out what to do if it happens to take longer for some reason.

    So I totally agree with owlet
     
    dabbler, 8th Oct, 2017
    #42
  3. wylie

    wylie Moderator Staff Member

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    This is the bit I don't understand at all. After one failed attempt I would have organised the tradesman to get in by issuing the correct notice to enter and giving him a key.

    If you were bypassing the PM by arranging your own tradie, this would have been the time to get the PM to issue the notice and give your tradesman a key.

    We all make mistakes. Every mistake I make is a "lightbulb" moment for me. I usually don't make the same mistake twice, but don't beat yourself up.
     
    wylie, 8th Oct, 2017
    #43
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  4. TMNT

    TMNT Well-Known Member

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    Why are you skepticsl about it. Seems you just like to argue or deny every point. Not eveurthing is a conspiracy theory

    No mention of pay back by me.
    The tenant is a pest. Every complaint they do i will investigate and take it on its merits.
     
    TMNT, 8th Oct, 2017
    #44
  5. dabbler

    dabbler Well-Known Member

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    Yeah, TMNT, this is yours to own unfortunately, if you got the trade, they should have been told get the key from the PM after you advised PM of what you were organising.

    I think a thousand bucks not reasonable if rent was 150 a week, but is if it was 400 a week........, anyway, I can see why you would lose if going to tribunal, but there would have been a breach sent to you/PM, so you had time to rectify then ?

    Anyway, not tenants fault at all it seems & they could have taken you earlier.

    Anyway, as you say, a lesson learnt, I would just move on, I doubt they would re consider in your favor from what you have written. Not worth the hassle IMO.
     
    dabbler, 8th Oct, 2017
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    wylie likes this.
  6. thatbum

    thatbum Well-Known Member

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    Feel free to PM me for one if you like.

    But just an FYI - everything I've heard so far points towards the correct legal decision. Right down to the compensation calculated pretty much as I predicted.

    The legal principle is pretty much as basic as a landlord being responsible to maintain and repair the premises within a reasonable time frame. Apart from that, you had a mechanism to access the property to do the repairs, and didn't use it for whatever reason.

    I'm guessing you didn't go to the VCAT hearing? They would have also given reasons for the decision.
     
    thatbum, 8th Oct, 2017
    #46
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  7. sanj

    sanj Well-Known Member Premium Member

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    Apologies for misreading the post
     
    sanj, 8th Oct, 2017
    #47
  8. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Dear TMNT
    am I reading between the lines that the agent refused to arrange a repair?
    Surely its up to them to 'deal with the tenant' however stroppy they are?
    It is up to you to 'draw the line' You are in charge here!
    I hope this helps
     
    SeafordSunshine, 8th Oct, 2017
    #48
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