QLD. Tenant Rectifying issues after final inspection.

Discussion in 'Property Management' started by Kathryn_QLD, 19th Jan, 2020.

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  1. Kathryn_QLD

    Kathryn_QLD Member

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    QLD.....RE has sent us ( landlords) a long list of issues that tenant has to rectify after the final inspection. RE told us "by law we have to give the tenants 3 days to rectify issues". I can't find any reference to this law? Or is it just a done thing?
     
  2. thatbum

    thatbum Well-Known Member

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    What would you want to do instead? Why wouldn't you want to give them 3 days to fix things?

    There's probably not a legal requirement to allow this mind you.
     
  3. Kathryn_QLD

    Kathryn_QLD Member

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    There's probably not a[/QUOTE]
    The place and yard was left filthy. Not too keen handing the keys back to them. And the final inspection should be just that. It's not a bit of dust or a few things. It's pages of issues.
     
  4. thatbum

    thatbum Well-Known Member

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    Well are you willing to risk compromising your claim for damages against them? Because that might be the effect, that's all.
     
  5. Kathryn_QLD

    Kathryn_QLD Member

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    Why will it compromise a claim. Is it law that I have to give them 3 more days to clean up? Or is it just expected?
     
  6. willair

    willair Well-Known Member Premium Member

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    Your rights and responsibilities

    Home | Residential Tenancies Authority

    I would check your landlord insurance policy first ..imho..
     
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  7. thatbum

    thatbum Well-Known Member

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    No its not normally the "law" per se, unless there's something special in QLD legislation or procedure that requires it.

    However, it may affect things such as landlord's insurance, or arguments in terms of whether you reasonably mitigated your loss. Also, its highly likely that large portions of your "list of issues" that the REA sent you are not actually claimable from the tenant wholly or in part - so if a tenant was willing to come back and sort out that list you're essentially getting things done for free.
     
  8. Kathryn_QLD

    Kathryn_QLD Member

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    Thanks for the links. The list of cleaning on the tenancy site is interesting and laughable as nothing was done by tenant. Even the 4 month old oven was even left dirty. Rubbish left in and around house and yard and both red and yellow bins overflowing with rubbish. Yard overgrown.

    Pretty sure Landlords insurance is only for malicious damage and proving that needs a police report. Various holes in walls and dog urine throughout the house are tenants "living conditions" and are supposedly covered by the bond. And rubbish/tenants contents left are also not covered by insurance.

    I looked at the tenancy laws briefly and no mention of tenants rectifying issues. Just that the RE must provide exit report and any issues within 3 days of end of lease/ vacating. So I think the RE has gotten their wires crossed.
     
  9. Tom Rivera

    Tom Rivera Property Manager Business Member

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    We're not required to give them three days, BUT we are expected to be reasonable (mind you, they don't bother defining reasonable).

    If you can reasonably argue that you should not or were not able to offer them an opportunity to return, then that's okay. If you've refused to let them back with no good reason, then you'll lose out.
     
  10. D.T.

    D.T. Specialist Property Manager Business Member

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    Its weird how QLD is so different to other states on this. In other states, the end of the lease is the end of the lease. WA is particularly strict on this.
     
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