The tenants would like to replace air con.

Discussion in 'Property Management' started by cciecl, 9th Dec, 2018.

Join Australia's most dynamic and respected property investment community
Tags:
  1. cciecl

    cciecl Member

    Joined:
    14th May, 2017
    Posts:
    5
    Location:
    2118
    A new tenant moved in last week. She would like to replace air con with new one by herself. She will replace the new one with my old one when she move out. This air con works well and is not allowed to use in lease agreement. We don't want her to do so. Is that right? Thanks a lot.
     
  2. Propertunity

    Propertunity Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    3,476
    Location:
    NSW
    Can you please explain what you mean by this?
     
    Pumpkin likes this.
  3. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,095
    Location:
    Sydney or NSW or Australia
    What if the old One doesn't meet current sit con standards so cannot be reinstated? Will she put in a new one?
     
    Michael Mitchell likes this.
  4. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,932
    Location:
    Brisbane
    If the old one works and is not in need of replacement, why does she want to replace it?

    If this is just her whim then I would ask that the replacement stays when she leaves and get it in writing as well as ensure she fixes any painting patches inside and out.

    If the unit is old and not working as it should, then I’d replace it.
     
    Rugrat, Beano, KayTea and 1 other person like this.
  5. Pumpkin

    Pumpkin Well-Known Member

    Joined:
    26th Jun, 2015
    Posts:
    1,342
    Location:
    Brisbane
    Hmm, I don't get it: you won't let her use YOUR AirCon, but you won't let her install new one herself. What is this poor woman supposed to do? What am I missing here?
     
  6. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,377
    Location:
    Qld
    Why isn’t she allowed to use the existing air con?

    Seems odd.

    Air cons deteriorate if they are not used. We have one in a spare room and the installer told us to run it for at least one hour each month to circulate the gases.

    If you are worried about having to replace or repair it, write in the lease that the tenant can use it but if it fails it will not be repaired or replaced.
    Marg
     
  7. Michael Mitchell

    Michael Mitchell Well-Known Member

    Joined:
    17th Sep, 2018
    Posts:
    1,378
    Location:
    Brisbane (Nundah)
    You're not obliged to.
     
  8. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,319
    Location:
    Sydney
    What sort of property has a AC you arent allowed to use? The AC unit will fail if it not used. Its not like its a one of a kind custom made unit you want to keep in showroom knick like a custom car. ? Sounds like a split. And split ACs are like ovens and dishwashers - They are disposable. After all the tenant pays the power ?

    I would think you are exposing yourself to damaged property and equipment by making unreasonable terms in a lease. I dont understand why she even signed. I would have seen alarm bells with a nutty owner and walked away. Your unit wont work after its removed without costly (unnecessary) expenses. Regas, seals, changed compressor oil etc let alone impact on electricals and copper fitttings etc
     
  9. Travelbug

    Travelbug Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    963
    Location:
    Gold Coast (from Sydney)
    Most people want AC. I'm surprised a tenant would sign saying they wouldn't use the AC. I'd love to know your reasons for not letting someone use it. Sounds a bit anal to me.
     
    Rugrat and WandereringTribe like this.
  10. Westie

    Westie Well-Known Member

    Joined:
    19th Jun, 2017
    Posts:
    1,136
    Location:
    Melbourne
    Let's not jump to inane conclusions, it just sounds like the OP hasn't expressed their question well enough considering English isnt quite obviously their first language. I reckon they meant a tenant is not allowed to *remove* the current AC, not *use*.
     
    Michael Mitchell and wylie like this.
  11. Fargo

    Fargo Well-Known Member

    Joined:
    23rd Jun, 2015
    Posts:
    1,304
    Location:
    Vic
    If the aircon works well why do you want to bugger it up by not using it ??? The seals will dry out, crack and not hold the gas !!. If she puts a new one in you may as well buy it of her when she leaves, no use putting one back in that wont hold gas any more.
     
    Beano likes this.
  12. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,377
    Location:
    Qld
    We can only comment on what is written.

    I doubt a lease would even mention prohibiting removal of an air conditioner.
    Marg
     
    Travelbug likes this.
  13. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,319
    Location:
    Sydney
    The OP did seem to explain the tenant cannot USE the AC which operates well but is excluded from use in the lease. The tenant is now now asking to remove it to use their own.

    Makes no sense I know.

    I question the legality of the lease terms re the AC. While the AC may be a non-standard item in the standard lease it may be considered reasonable in QLD to have the use of the installed AC to make the premises a fit place to live and be incapable of exclusion. (s185). If the special terms clause has been entered at Clause 5 of the standard lease form it may be contrary to law. Its presence doesnt make it valid and enforceable. Standard terms prevail over special terms.

    If the tenant turned it on then the tenant could also seek later action with QCAT to find the lease terms limiting use and repair to be invalid. And acts to evict etc held against the landlord.
     
  14. Cimbom

    Cimbom Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    1,568
    Location:
    Back in Canberra!
    Sounds like the OP put the clause in to avoid being liable for repairs
     
    Travelbug and Michael Mitchell like this.
  15. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,189
    Location:
    Adelaide and Gold Coast
    Plenty of owners try to do this to avoid ever having to repair/replace things when they break. Tells a lot about their personality and their suitability as a client.
     
  16. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,319
    Location:
    Sydney
    And their suitability as a property owner. More likely to see the matter in a tribunal and face some issues than save a cent. Imagine the tribunals etc see clauses like this and have a common approach ? Sure if you have a shed filled with old nannas things etc and exclude its use from tenancy that makes sense but its sorta like asking they not use the shower.
     
    luckyone, Michael Mitchell and D.T. like this.
  17. Pumpkin

    Pumpkin Well-Known Member

    Joined:
    26th Jun, 2015
    Posts:
    1,342
    Location:
    Brisbane
    Everyone has spoken except for the OP. Hmmm....
    Just thinking how can this be enforced. The AirCon is in the lounge and Tenants are not allowed to use it. How would the Owners know if the Tenants did use it since usually Tenants pay rent? Unless it is caged-in or disconnected? It is just so bizarre I say.
     
  18. Michael Mitchell

    Michael Mitchell Well-Known Member

    Joined:
    17th Sep, 2018
    Posts:
    1,378
    Location:
    Brisbane (Nundah)
    It's probably not working that's why it's been excluded for use in the lease so the Lessor isn't obligated to fix it. This fact would have been made apparent to the Tenants before they leased the place, and now they're wanting to have working air con of their own volition.
     
  19. Pumpkin

    Pumpkin Well-Known Member

    Joined:
    26th Jun, 2015
    Posts:
    1,342
    Location:
    Brisbane
    Incorrect sorry, OP's original post said "This air con works well and...."
    Sigh, it's a mystery to me, but I wont post anymore unless the OP speaks up.
    Happy Monday everyone!
     
  20. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    No it does not.

    I exclude things too, often cause broken but not worth removing, of course the rent price matches what is supplied, tenants are not idiots paying rental amounts for non supplied items.

    So it depends on all the details, which we do not have.

    Maybe it has a split and or a window unit as well as ducted...