WA New tenant being unreasonable?

Discussion in 'Property Management' started by chooke, 23rd Aug, 2019.

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  1. chooke

    chooke Well-Known Member

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    Hi, chasing some thoughts on a new tenant at one of my properties.

    A day after the couple moved in they contacted my PM saying the cooktop does not work as the hobs do not get hot. It was apparent that they do not know anything about induction cooktops so we explained to them how they worked, ie it heats the pan by electromagnetism. It still did not work and it turns out that none of their cookware is compatible with induction cooktops as all their pans are aluminium.

    They then argued that the induction cooktop should have been disclosed when they viewed the property and because it wasn't I am in breach of the tenancy agreement and have to remedy the situation.

    I've rented that house to a few tenants over the past five years and this is the first time anyone has raised any issue with the cooktop. However, I can empathise with the tenant so I offered to purchase a 4 piece cooking set from Ikea to remain with the property. This did not satisfy them, suggesting that rather than the Ikea set, I should either replace the cooktop with a standard electrical or purchase a cooktop set equivalent to what they currently have.

    My PM discussed the situation with the WA department regulating tenancies and was advised that an induction cooktop is not something that is normally required to be disclosed. As long as the cooktop is functioning, there is no breach of contract nor am I required to provide a cooking set. My PM communicated that back to the tenants and said that nevertheless, the offer of the Ikea cooking set is still there.

    The next day the tenant issues me with a breach notice saying that I have not provided the tenant with an essential service by installing a standard electric cooktop or a cooking set of equivalent quality (to what they have).

    What do you make of this?
     
    Last edited: 23rd Aug, 2019
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  2. spludgey

    spludgey Well-Known Member

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    They're going to be trouble, do you really want them to stay?

    I'd let them leave and get the PM to give an honest reference about them being a PITA, if they're contracted.
     
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  3. Kassy

    Kassy Well-Known Member

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  4. chooke

    chooke Well-Known Member

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    Still early days but the problem is that I don't think they want to leave so soon after moving in.
     
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  5. Pumpkin

    Pumpkin Well-Known Member

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    Thought I’ve seen everything: the good, the bad and the ugly.
    It’s a poor day you don’t learn something new.

    Oh Tenants!
     
  6. Michael Mitchell

    Michael Mitchell Property Manager Business Member

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    Hold your ground, you're not in the wrong.
     
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  7. Joynz

    Joynz Well-Known Member

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    I think you should have disclosed the induction cooktop as induction cooktops aren’t that common - especially in rentals.

    It would be really annoying for your tenants to have an expensive set of pots that can’t be used. A decent set can run to many hundreds.
     
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  8. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    I would have offered a Kmart set so you are one step nicer than me :)
     
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  9. wylie

    wylie Moderator Staff Member

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    Then they should accept the Ikea cookware, put theirs away and keep it nice for next time, and stop the whinging.

    They sound like a nightmare... :mad:
     
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  10. D.T.

    D.T. Specialist Property Manager Business Member

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    If its induction i put it in my ads, but i really dont think you need to.

    They also would have seen it at the home open.

    Tell them too bad so sad on this one unfortunately.

    Ignore the breach notice. This will give X days to remedy. At the conclusion of the X days. They can move out (charge break lease fee), or take it to tribunal (you'll win), or everything will continue on as normal.

    I've played all the games tenants try to play.
     
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  11. Scott No Mates

    Scott No Mates Well-Known Member

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    They have cheap and nasty cookware - it's aluminium. The OP has offered to supply a set of cookware to get them started. More than adequately generous.

    By the sounds of it the kitchen must be resonably new (induction cooktops are still not mainstream but not unheard of). Even @Sackie is going to be putting one in.

    They will be going hungry if they have listed for a tribunal hearing. Especially when you point out that it is operator error and you have supplied the manual.
     
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  12. Joynz

    Joynz Well-Known Member

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    The OP says ‘should either replace the cooktop with a standard electrical or purchase a cooktop set equivalent to what they currently have’. Aluminum core cookware isn’t necessarily cheap...
     
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  13. wylie

    wylie Moderator Staff Member

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    They have no right to ask for any cookware. Induction cooktops don't need to be pointed out. Makes one wonder if they would have not rented the place if they knew it was induction.

    Sounds more like they might be having second thoughts, need a cheaper place, or simply looking for a reason to move without penalty.

    They should be thankful the offer of a brand new set is available.
     
  14. Scott No Mates

    Scott No Mates Well-Known Member

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    @Joynz - I was wondering what all those things in the kitchen cupboard were used for (I was banned from the kitchen a long time ago).
     
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  15. Michael Mitchell

    Michael Mitchell Property Manager Business Member

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    Someone should make a board game! :D
     
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  16. D.T.

    D.T. Specialist Property Manager Business Member

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    Property was cleaner after they moved out than when they moved in, go back 3 spaces
     
  17. Shazz@

    Shazz@ Well-Known Member

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    I agree. And induction cooktop to me doesn’t look any different to a normal cooktop. It’s something I wouldn’t pick up during an inspection.
     
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  18. Dan Wood

    Dan Wood Well-Known Member

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    Please.. if you have a decent expensive set you'd know to ask what type of cooktop it is.
     
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  19. wylie

    wylie Moderator Staff Member

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    I wouldn't know what to look for either, but I wouldn't breach my landlord over it, especially if I've been offered a new set of cookware.

    I smell a rat here.
     
  20. spludgey

    spludgey Well-Known Member

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    "The water in the toilet spins the wrong way, fix it!"
     
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