Small matter blown out to potential vcat matter!!

Hi

scenario
Tenants report rats or possum in roof of rental property
Landlord arranges pest control to attend & rectify
Whilst pest control are in attendance, tenant requests no poison baits be laid & sends pest controllers away.
Landlord seeks to resolve issue abd avoid damage to property/ ie: potential chewing of electrical wiring/ fire hazard & offers tenants option to lay rat traps.
Tenants advise they have not done as such, landlord re offers thru (managing agent) again for pest control to attend to lay baits etc
Tenants advise this needs to become a VCAT matter, unless pest control lay rat traps (not poison)
Who’s in the right / who’s in the wrong…

 

If I was the landlord, I'd just pick up the phone and talk to the tenant to find out what's going on.

I don't get why this is a forum post about who is right or wrong?

 

That tenant should go at first opportunity. If I lived next door I’d hire a dust cropper to do my backyard.

 

Saw a post by @datto and just had to jump in

Ok, so rats and possums have different shi/poo, so the pest controller should be able to identify the difference

Possums are easy (and possibly protected), traps with apple as bait, return next day to relocate the possum(s) and block off access points

Rats, smaller shi/poo, more a PITA and baiting is far easier

The tenants have a different issue and this sounds more like an escalation trying to get out of a lease

The tenant shouldn't have an issue with baits/poison (as when placed properly) these are not a threat to the occupant, kids or pets

Or, poison free means they are choosing to live with the pests

 

Why can’t pest control install rat traps?
Why are you insisting on baits - is it cheaper?

Either way the traps or baits are going to have to be checked to remove bodies before they stink. Easier with traps as baited animals can go anywhere to die.

 

NSW standard Resi lease has a clause about vermin.
Not sure about Vic Lease.
I think the NSW lease is more worried about getting rid of the health hazard, than choosing ' how' to get rid of the health hazard.

I'm not a solicitor.
I hope this helps

 

Not insisting on baits, far from it

It's true, traps can be installed for rats also.
Difference is most possums are native = protected, so trap, block the access and release, there is only ever 1 maybe two possums.

Rats don't tend to live in your house (it's too busy for them) they come to eat/drink and leave, if they are nesting it is in squalor and you have bigger issue's ....
Baiting rats mean they eat and leave, they go home and die quietly elsewhere (and don't tend to stink anywhere close to a possum!), it's much cheaper to bait than return to remove trap and live rat (to later kill and dispose), that and rats = multiple and often more than 6, so a trap doesn't tend to work as they are smart/cunning, and also breed faster than you trap them !

 

If it's in the roof, it's a possum. Protected species.

 

Cop this you whinging b.......d:



lol

 

Or a neighbor with 6 (or more) old Commodore's dumped in the front yard

 

I'm with @datto and @Stoffo
It seems the tenants are looking for way out and trying to threaten you / make you more susceptible to letting them out without penalty.

I had similar experience.
My suggestion is to go into "by the book" approach, where you (/your PM) are keeping everything very official, well documented and with no doubt that you're not going to play games.

Make them understand that you deem pest in the roof as risk to the property and it's your right to make sure the property is safe.
As such, they have to allow access to you or any one you're sending to fix the problem to deal with it the way they choose.
Make sure they know that not allowing access will deem as breach of their duty and any damage within the roof cavity as result of the pest there and not allowing you to remove it will be claimed out of the bond.

Make it their problem - not yours.
You let them know what's the risk for them if they decide to play with your pest control guy.

If they wanna hug rats inside the ceiling, they can buy their own place and create a nursery up there.

 

Rats and possums deserve a full and rewarding life.

Let tenants go.

Wait until rats/possums have either thrived or died off.

Then consider options.

 

Breach the tenants for using the roofspace for breeding of pets/pests or keeping of native wildlife without a permit.

@Keentolearn77 - Why has the tenant got access to the roofspace, put whatever treatment you require up there as they do not need to access this area & especially not their kids.

 

Why is the tenant doing this? It could be:
1. Tenant is causing problems for the sake of it (e.g. "doesn't believe in poison" or some other nonsense).
2. Tenant is causing problems with an agenda, i.e. to get out of lease.
3. Tenant doesn't want Possums poisoned.

Your Property Manager should have queried this and explained to you first.

Like some other mebers have mentioned, Good Pest Controllers can give you a strong indication of whether they believe it's Possums or Rats in the roof. Possums must be trapped or removed with a one-way door. It's illegal to bait them, AND they will stink up your roof void for MONTHS if they die up there.... or worse, inside a wall.