**Notice to Remedy Breach**

My property manager received a "notice to remedy breach" from the tenant claiming "failure to comply with safety standards of the property" after a notification of rental increase was sent to the tenant. There is a 7-day notice period, that is, I have to remedy the breach within 7 days.

As the property owner I am sure that there are no safety issues identified. This is clearly stated in the building inspection report conducted approx. 15 months ago. What would be your suggestions to this?

I greatly appreciate your suggestions/comments.


Regards,
MTI

 

What state is the property in?

Has the tenant reported any maintenance issues recently? Any gone unsolved?

 

Thanks D.T.

The property is in QLD.

No maintenance issues reported lately.

This happened right after the tenant was informed of a notification of rental increase.

 

what safety standards?

 

Thanks @Terry_w

Not specified in the notice. She referred to a post holding rails unstable at the balcony.

 

I would just tell her you will fix that. get a handy person up there and problem solved.

 

Pm should address the issue with tenant

 

I thought you said earlier that you were sure there were no safety issues at the property. So which one is it?

 

Address this problem that is the remedy

 

Thanks @Xenia

Would the normal procedure be requesting maintenance through pm, instead of lodging a notice to remedy breach?

 

Have addressed the claimed issue and requested a certified builder to check and get quote.

Has anyone received a notice to remedy breach before? I'd love to hear your experience and the outcome.

 

It doesn't mean anything if you fix it (or dispute it). So just think of it as a formal version of a request to fix something.

What are you worried about exactly?

 

The breach notices look a little different in each state, but generally the outcome will be on there - ie remedy this thing or 'i want compensation or 'ill move out' or whatever.

Usually people will only go to that when they've tried asking the normal way and haven't been heard. So if you had an unstable balcony there, highly recommend you get it sorted asap and be more prompt with your repairs in future.

Ive had one breach me over hot water pressure being too low. I had already obtained a plumbers report that said there was nothing further they could do, so i ignored the notice. The next step after that would have been to apply to tribunal to have the notice enforced and tribunal would have done so if it so decided and i would have had evidence to explain my actions. Luckily it didn't get to that and they backed off, sometimes calling someones bluff stops them in their tracks

 

There were on safety issues identified in the building report. The tenant has claimed the post is unstable.

 

The report that was done 15 months ago...?

 

Thanks @D.T. for sharing your experience.

I have always gotten things fixed quickly although there have been only two repair requests over the last 12 months. Have requested a certified builder to do a quote and will take action accordingly. Lessons learned : )

 

Do you have Landlord insurance? Better get one. Fix the problem now, don't wait. Be proactive. Give instructions to PM in writing and mark it urgent...whatever to get it looked at and fixed if it's defective. I'm involved in a SC matter now relating to similar issue. $$$$$$$$$

 

I was wondering if it was a safety issue or just a way that the tenant used to avoid the rental increase. Maybe it is me overthinking...

 

Thanks @larrylarry

Yes, I do have a landlord insurance.

Have already taken action on this.

What is the SC matter about if you don't mind sharing?