Property Management - Gas Issue

Is this 2017 version the correct one? Which clause? https://www.sa.gov.au/__data/assets/pdf_file/0005/17483/Fixed_term_lease_agreement.pdf

 

Pretty sure thatbum is going to disagree if he comes along: https://whrl.pl/RfhJqVI

And whilst it's not my specialty area, it's consistent with how other areas of law operate. If the tenant were obliged to pay when there was no fault found, then they'd fail to report things if they're not sure if there's a problem or not. eg "I think the gas is leaking but I don't want to take the risk of notifying the PM in case I have to pay the callout fee".

This would work against the landlord's interests; potentially devastating problems with their very valuable asset may go unreported out of fear of incurring a charge.

There is no incentive for a tenant to 'invent' problems. Who sits down and says 'gees, I wonder if I can get the gas checked for free?' Nobody. The tenant may be overly cautious, but you should want a tenant who reports issues with your asset, and ultimately, if they're not missing an essential service, you always have the right to say no.

I'd be very surprised if you have the right to charge them if there's not an issue, though. (Unless they called out the tradie themselves, for a non-urgent issue.)

 

I think the general consensus is the implication, and as per the OP, is that the tenant is a bit of a trouble maker, ( I may be wrong). there needs to be some disincentive for the tenant to not just frivolously ask for their gas to be checked repeatedly, or else they will keep on doing it

 

Who 'frivolously' asks to check if there's a gas leak? Why would they keep on doing it? There's absolutely no reason for anybody to ask unless... they're concerned there's a gas leak.

Asking for things to be upgraded or improved is obviously a different matter.

 

The general rule is that the tenant needs to have been negligent in requesting the call out for maintenance for them to be pinned with the liability for it.

Its not as simple as no-fault = liability.

For example, there might have been a reasonable basis for them to think there was a gas leak or whatever issue it is.