QLD Tenant refuses to pay for water usage

Discussion in 'Property Management' started by Joker, 6th Dec, 2018.

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  1. GentleChief

    GentleChief Cash Flow Positive Business Member

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    Check if you have the right of entry clause with your PM. All standard clauses do. You can give your tenant a 24-hour notice of entry for extraordinary circumstances where the tenant is not replying or allowing your contractors to do a particular job that you as a landlord deem it necessary or to be compliant to the local laws.
     
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  2. Michael Mitchell

    Michael Mitchell Well-Known Member

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    It's a big thing the Tenant Advocacy groups are campaigning for in the current Qld Rental Reforms and it's not looking good.
     
  3. KayTea

    KayTea Well-Known Member

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    Yeah, I read about this, too. Not sure what would need to happen if you want to try and sell an IP, as trying to stage and sell with tenants in place is almost impossible (especially if the tenants don't want to leave - they'll ensure that the place looks like a dump and stick around for OFIs etc).
     
  4. dabbler

    dabbler Well-Known Member

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    If it happens...I would exit, tenants seem too be coached from govt....water and rates too expensive, councils charge more just cause they think your a milking cow. Smoke alarm laws gone mad. Etc etc

    Why would anyone want a rental property if there is no balance....
     
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  5. dabbler

    dabbler Well-Known Member

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    I dont follow....

    You gain entry....and then what ?


    Take goods and or cash......confused
     
  6. Tom Rivera

    Tom Rivera Property Manager Business Member

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    Early advice was fantastic- Issue Entry Notice and let the plumber enter with keys. If the tenant refuses entry, they can only do so with a good reason or you can breach them.

    It's worth getting this certificate done now, particularly with a tenant like this. If the Plumber attends and don't need to change anything, they are effectively certifying that the property has been water compliant since the last time any plumbing was modified, so it's retrospective. If changes do need to be made, you can only charge since the changes were made, but it sounds like you're reasonably confident that it already complies?
     
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  7. Fernfurn

    Fernfurn Well-Known Member

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    My smart-a tenant agreed by phone (wont answer emails) that if he paid the back water I would get a compliance certificate, now just doesnt get around to paying. I am getting the certificate and if he doesnt pay, will give him two months notice. I am not going on forever paying his water. The maintenance requests seem to have stopped so perhaps there was a bagklog, now all fixed. They are paying $15 more pw to be able to have their old little dog at the premises, should I just cut my losses.
     
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  8. marmot

    marmot Well-Known Member

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    Are these water compliance certificates new changes.
    I would have thought all this sort of stuff should be done before the tenant's move in , rather than expect them to take time off work or let strangers in while they are not home.
     
  9. Marg4000

    Marg4000 Well-Known Member

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    Check the state leglislation. In Queensland it is illegal to charge a tenant for water unless you meet conditions, compliance being only one.

    Tenants do have legal rights as well as landlords. It may be that, in the state where your IP is located, you cannot charge for water unless the property is compliant.

    If you term a tenant “smart-a” just because he/she abides by the law (and expects you to do the same), it may be best to get a PM to handle your IP(s).

    And be careful evicting this tenant who clearly knows the legalities, the Tribunal may view it as a retaliatory action.
    Marg
     
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  10. Joker

    Joker Active Member

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  11. dabbler

    dabbler Well-Known Member

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    But is it the law to have a certificate, or just to be able to show it has the compliant parts.

    You could call his bluff if you know the place is compliant and put it back to tenant, show that it is not compliant.

    But frankly, if a tenant starts this, may be better to look for another tenant, I know my PMs also verbally tell applicants they must pay the water, so when they come at this game months or year in, you know they are just trying to trip you up or see if your a push over.
     
  12. Fernfurn

    Fernfurn Well-Known Member

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    He is a smart-a because although he signed in two places on the lease that he would pay for water, he now just ignores the bills. I do have an agent, but I didn't know about this certificate as we have never had a problem for ten years with any other tenant. So unless I get this certificate I cant take him to the tribunal and he can just rack up a huge water bill and I have no recourse
     
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  13. marmot

    marmot Well-Known Member

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    You could have probably got the tenant to sign it 100 times , it still doesn't change anything.
    Its always good to keep up to date with changes in legislation or tenancy rules.
    Unfortunately we live in a society when we all know our own rights , but not other people's rights.
    Just live and learn ,and move on.
     
  14. Joker

    Joker Active Member

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    If my house is water compliant and the tenant still hasn’t paid for their water usage can I withdraw the funds from their bond?
     
  15. D.T.

    D.T. Specialist Property Manager Business Member

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    If still outstanding at end of lease, yes. Bond isnt usable during the lease.

    You could breach them for non payment in the interim.
     
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  16. dabbler

    dabbler Well-Known Member

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    If they are out...yes

    As above.., send notice then see if they fix it up. Water is a common issue.