Notice to Vaccate (VIC) - While repairs are requested.

Discussion in 'Property Management' started by Hari Yellina, 4th Oct, 2021.

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  1. Hari Yellina

    Hari Yellina Well-Known Member

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    Dear All,

    If the rental provider chooses, not to repair the house and issues a notice to vacate. Which section does the rental provider breach?
    ------
    Notice to vacate in rental properties

    For example, a rental provider cannot give a renter notice to vacate for:

    • requesting repairs
    • asking to have a pet
    • challenging a rent increase.
    ------

    The tenant upstairs bathroom was leaking water and the whole ceiling is wet and mouldy and advised the tenant not to use the bathroom. Made large holes in the roof, and leave it unsafe.
    and after 5 months, without repairing, can the rental provider issue a 90 days notice to vacate.

    Is there a form to object to the notice to vacate and what are the sections rental provider breaching?

    I have attached photos to find out opinion if this is an urgent repair and rental provider should repair it.

    Thank you.
     

    Attached Files:

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  2. skater

    skater Well-Known Member

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    I would suggest that is an urgent repair, and would not leave it 5 months.
     
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  3. Scott No Mates

    Scott No Mates Well-Known Member

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    It's not a choice the rental provider ie the owner can make. The owner is obliged to maintain the property.

    The owner must pull their finger out as the tenant may seek reimbursement of all rent for the period of occupancy while the premises has been presented to a standard below what was leases ie have you got 5 months rent to give back to the tenant?

    VCat will have a field day.
     
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  4. Stoffo

    Stoffo Well-Known Member

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    Telling the tenant not to use the bathroom is not an option (past a few days tops).

    The tenant has every right to lodge with the tribunal to be compensated for loss of amenities, they are not getting what they've been paying for.

    These things happen, if the owner is waiting (or arguing) for insurance it shouldn't matter and it should have been fixed, the leak in days, the plaster and paint within weeks !

    Provided proper notice has been served to vacate the tenant shouldn't be able to resist vacating
     
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  5. Noobieboy

    Noobieboy Well-Known Member

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    Tribunal all the way
     
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  6. Hari Yellina

    Hari Yellina Well-Known Member

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    The tenant is happy to move away, But the tenant wants to object the notice to vacate was given when the repairs were requested. does he have grounds to appeal in VCAT, if yes, what section does the breach come under.
     
  7. Hari Yellina

    Hari Yellina Well-Known Member

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    Videos of the water leak from the roof.






    As a property manager would you consider this as an urgent repair.
     
  8. willair

    willair Well-Known Member Premium Member

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    I would be more concerned with the way the ceiling is set,what happens if that section just comes down and your insurance would be long gone ..
     
  9. Hari Yellina

    Hari Yellina Well-Known Member

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    They sent a handyman to make a large hole so water could flow through easily and nailed the ceiling to the beams, so the landlord ceiling is temporarily protected from failing.

    While the tenant is paying her rent before the due date. Not a day late.

    You can see the photo. Square timber was used to nail to back to the ceiling.

    Dust and rats can come as they please, and cold air can pass freely.
     

    Attached Files:

  10. Stoffo

    Stoffo Well-Known Member

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    Water running out of a ceiling (probably via electrical light fixtures first) in any circumstances would be MORE THAN URGENT, it would be an instant action item !

    Hard to believe the tenant has lasted 5 months (through winter) with these living conditions .......

    VCAT is going to throw the book at owner/PM :p
     
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  11. willair

    willair Well-Known Member Premium Member

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    I'm surprised it's still rented ,the way the ceiling dust would just flow into that area would be dangerously unsafe for any family.
     
  12. Scott No Mates

    Scott No Mates Well-Known Member

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    Is this a unit with another apartment above? If so, why isn't the strata manager getting the work done as it falls within works which can bd done under covid restrictions?

    Yes, it's dripping through light fittings.

    What has the owner done about the rats?


    Part D – Rights and obligations

    This is a summary of selected rights and obligations of renters and rental providers under the Residential Tenancies Act 1997 (the Act). Any reference to VCAT refers to the Victorian Civil and Administrative Tribunal.

    For more information, visit www.consumer.vic.gov.au/renting.



    Condition of the premises
    The rental provider:

    · must ensure that the premises comply with the rental minimum standards, and is vacant and reasonably clean when the renter moves in.

    · must maintain the premises in good repair and in a fit condition for occupation.

    · agrees to do all the safety-related maintenance and repair activities set out in Part C of the agreement.

    Repairs

    · Only a suitably qualified person must do repairs – both urgent and non-urgent.

    Urgent repairs
    Section 3(1) of the Act defines urgent repairs. Refer to the Consumer Affairs Victoria website for the full list of urgent repairs and for more information, visit www.consumer.vic.gov.au/urgentrepairs.

    Urgent repairs include failure or breakdown of any essential service or appliance provided for hot water, cooking, heating or laundering supplied by the rental provider.

    The rental provider must carry out urgent repairs after being notified.

    A renter may arrange for urgent repairs to be done if they have taken reasonable steps to arrange for the rental provider to immediately do the repairs and the rental provider has not carried out the repairs.

    If the renter has arranged for urgent repairs, the renter may be reimbursed directly by the rental provider for the reasonable cost of repairs up to $2,500.

    The renter may apply to VCAT for an order requiring the rental provider to carry out urgent repairs if:

    · the renter cannot meet the cost of the repairs; or

    · the cost of repairs is more than $2,500; or

    · the rental provider refuses to pay the cost of repairs if it is carried out by the renter.

    Non-urgent repairs
    · The renter must notify the rental provider, in writing, as soon as practicable of:

    - damage to the premises.

    - breakdown of facilities, fixtures, furniture or equipment supplied by the rental provider.

    · The rental provider must carry out non-urgent repairs in reasonable time.

    · The renter can apply to VCAT for an order requiring the rental provider to do the repairs if the rental provider has not carried out the repairs within 14 days of receiving notice of the need for repair.
     
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  13. skater

    skater Well-Known Member

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    Water coming out of a light fitting? Hell yes!

    I'm at a loss here. Are you the Owner, Property Manager or Tenant?
     
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  14. Hari Yellina

    Hari Yellina Well-Known Member

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    It is a free-standing double-storey old house.

    Handyman told the tenant, Old house doesn't need to be repaired patch works are fine.
     
  15. Hari Yellina

    Hari Yellina Well-Known Member

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    I have suggested the tenant send a notice of breach today

    Under Section 68

    and for giving the notice to vacate 2 days ago. She has to take legal advice. I couldn't find the section numbers. even though going to VCAT is simple and straightforward. Some help with writing the documents and representing might help.

    Tenants Victoria line is closed. for a couple of days.
     
  16. Scott No Mates

    Scott No Mates Well-Known Member

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    I assume that the handyman holds a real estate licence and understands the obligations sufficiently to advise the tenant?
     
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  17. Hari Yellina

    Hari Yellina Well-Known Member

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    Under Section 68 (1A) (C)

    Despite the age and character of the rented premises.

    So, old properties still have to be maintained.
     
  18. skater

    skater Well-Known Member

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    I'm still confused. So, you are not the tenant.

    Are you the owner, or the Property Manager?
     
  19. Scott No Mates

    Scott No Mates Well-Known Member

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  20. Hari Yellina

    Hari Yellina Well-Known Member

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    lol... he is not qualified, doesn't hold any licence. he said to the tenant, he represent the landlord and not the property agent. So, he doesn't need to fix.