Initial Repairs before the tenancy

These initial repairs must be done to make the premises habitable before the key is handed over Operative electricity and water supply Operative gas supply (only if gas appliances are installed) Drainage and sewer pipes which are not blocked Safe and operative light fittings, switches and power points Introduction Light globesto residential tenancy law is for landlords - property investors - property This legal guide which work Introduction An operative smoketo know more about the ins and outs of the law of landlord and owners, who would like alarm This legal guide to residential tenancy law is for landlords - property investors - property tenant, to optimise and rental property Operative lockstheir security devices investing. owners, who would like to know more about the ins and outs of the law of landlord and Operative stove,Law is found in the NSW Residential Tenancy Act 2010 and its Residentialoptimise their rental property investing. tenant, to Tenancy hot water system equivalents around Australia. The law oven, range hood, exhaust fans, dryer, air Operative dishwasher, microwaveprotects tenants. As NSW Fair Trading puts it Residential Tenancy Law is found in the NSW Residential Tenancy Act 2010 and its conditioner, provides consumer protection to the tenant, and imposes responsibilities The Tenancy Law(if installed) equivalents around Australia. The law protects tenants. As NSW Fair Trading puts it The swimming pool complies with safety requirements upon the landlord in favour of the tenant. The Fixing leaking taps, installing water efficient nozzles (if water imposes responsibilities Tenancy Law provides consumer protection to the tenant, andusage is to be charged) This Renting Guide containsof the tenant.highlights of Tenancy Law. upon the landlord in favour some of the A landlord is not required to install cable or satellite TV connections, or a telephone It comes in six separate parts. This Renting Guide contains some of the highlights of Tenancy Law. landline. Part 1 Repairs It comes in six separate parts. The landlord can promise the tenant to do initial repairs after the tenant moves in. In the Part 2 Rent Increases Part 1 Repairs Condition Report there is a box headed: Landlords promise to undertake work where the Part 3 Termination repairspromised should be recorded. If the landlord fails to honour their promise, the Part 2 Rent Increases Part 4 TerminationFees and Abandoned Goods tenant Keys, Break rent reduction. Part 3 can ask for a Part 5 Rental BondFees and Abandoned Goods Part 4Urgent Break claims Keys, repairs during the tenancy Part 6 Strata Issues claims Part is Rental Bond repairs which the landlord must carry out urgently to keep the This 5 the list of urgent This Renting Guide for the DIY (Do Part 6 Strata Issues premises habitable is not a tenant: It Yourself) guide for landlords. (a) Renting Guide is not a are recommended guide play a valuable role not only in Rental Property Managers DIY (Do It Yourself) they for landlords. This a burst water pipe selecting good tap, toilet cistern, looking after rent (b) a leaking tenants but also inhot water heater payments, repairs, bond claims and Rental Property Managers are recommended they play a valuable role not only in other a blocked or broken lavatory (c) tenancy issues. selecting good tenants but also in looking after rent payments, repairs, bond claims and (d) tenancy roof leak other a seriousissues. (e) a gas leak (f) a dangerous electrical fault The landlords responsibility for habitable premises (g) flooding or serious flood damage from roofs and gutter leakage, stormwater, The premises must be -responsibility for habitable premises key is handed over and and fit to live in when the The landlords reasonably cleandrains, taps, burst hot water heaters floodwater, broken pipes, blocked maintained in good repair during the tenancy. (h) serious must or fire damage The premises storm be - reasonably clean and fit to live in when the key is handed over and Underfailurein good repair during the tenancy. Tenancy Law maintained or breakdown of the electricity, water or gas supply (i) (j) Landlords are responsible hot water system, stove, cook Underfailure or breakdown offor repair throughout the lease top, range hood, and if Tenancy Law installed, appliances such as air-conditioner,repair, even ifroom heater, washing Landlords cannot avoid their repair throughoutdishwasher, the tenant agrees Landlords are responsible forresponsibility for the lease machine, clothes dryer, refrigerator Landlords face rent reductions and must pay compensationif the tenant agrees are if a tenants goods Landlords cannot avoid their responsibility forand security devices, security system, (k) fault or damage to door and window locks repair, even damaged face rent reductions out must pay fences, balcony a tenants Landlords or if they fail to carry and repairs compensation if railings goods are security screens, external doors, windows, There are or if they fail tofor initial repairs, urgent repairs and general repairs damaged different rules carry out repairs The tenant must notify the landlord when urgent repairs are required, and must contact the There are different rules for initialservice whose details are recorded in the lease. If the electrician, plumber or maintenance repairs, urgent repairs and general repairs

The Landlords Guide to Renting The Landlords Guide to Renting

Part 1 Repairs Part 1 Repairs

Copyright Anthony J Cordato Sydney 2012 Copyright Anthony J Cordato Sydney 2012

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These over - initial repairs must be done to make the premises habitable before the key is handed over Operative electricity and water supply Operative electricity and water supply Operative gas supply (only if gas appliances are installed) Operative gas supply (only if gas are not blocked Drainage and sewer pipes which appliances are installed) Drainage operative light fittings, switchesblocked Safe and and sewer pipes which are not and power points Safe globes which light Lightand operative work fittings, switches and power points Light globes smoke alarm An operativewhich work An operative smoke security devices Operative locks and alarm Operative locks and security devices Operative stove, hot water system Operative stove, hot water system Operative dishwasher, microwave oven, range hood, exhaust fans, dryer, air Operative dishwasher, microwave oven, range hood, exhaust fans, dryer, air conditioner, (if installed) conditioner, (if pool complies with safety requirements The swimming installed) Fixing leaking taps, installing watersafety requirementswater usage is to be charged) The swimming pool complies with efficient nozzles (if Fixing leaking taps, installing water efficient nozzles (if water usage is to be charged) A landlord is not required to install cable or satellite TV connections, or a telephone A landlord landline. is not required to install cable or satellite TV connections, or a telephone landline. The landlord can promise the tenant to do initial repairs after the tenant moves in. In the The landlord can there is the tenant to Landlords promise to undertake work where the Condition Report promise a box headed:do initial repairs after the tenant movesin. In the Condition Report there is a recorded. If Landlords promise honour their work where repairs promised should be box headed: the landlord fails to to undertake promise, the the repairs promised a rent reduction. tenant can ask forshould be recorded. If the landlord fails to honour their promise, the tenant can ask for a rent reduction. This is the list of urgent repairs which premises habitable for the tenant: the landlord must carry out urgently to keep the premises habitable for the tenant: (a) a burst water pipe (a) a burst water toilet cistern, hot water heater (b) a leaking tap, pipe (b) a blockedtap,brokencistern, hot water heater (c) a leaking or toilet lavatory (c) a serious or broken (d) a blockedroof leak lavatory (d) a gas leakroof leak (e) a serious (e) a gas leak electrical fault (f) a dangerous (f) a dangerous electrical fault (g) flooding or serious flood damage from roofs and gutter leakage, stormwater, (g) floodwater,serious flood damage from roofs and gutter leakage,heaters flooding or broken pipes, blocked drains, taps, burst hot water stormwater, floodwater, broken damage (h) serious storm or firepipes, blocked drains, taps, burst hot water heaters (h) seriousor breakdowndamage (i) failure storm or fire of the electricity, water or gas supply (i) failure or breakdown of the electricity, water or gas supply range hood, and if (j) failure or breakdown of hot water system, stove, cook top, (j) failure or appliances such as water system, stove, cook top, range hood,washing installed, breakdown of hot air-conditioner, dishwasher, room heater, and if installed, clothes dryer, refrigerator machine, appliances such as air-conditioner, dishwasher, room heater, washing (k) machine, clothesto door refrigerator locks and security devices, security system, fault or damage dryer, and window (k) fault or damage to door and window locks and security devices, security system, security screens, external doors, windows, fences, balcony railings security screens, external doors, windows, fences, balcony railings The tenant must notify the landlord when urgent repairs are required, and must contact the The tenant plumber or the landlord service whose details are recorded in must contact the electrician, must notify maintenancewhen urgent repairs are required, andthe lease. If the tenant paysplumberrepairs, the landlord must reimburse the tenant the cost up to $1,000 electrician, for the or maintenance service whose details are recorded in the lease. If the within 14 days of the tenant providing receipts.
Copyright Anthony J Cordato Sydney 2012 General repairs during the tenancy Copyright Anthony J Cordato Sydney 2012 www.propertyinvestmentlawyer.com.au www.propertyinvestmentlawyer.com.au The landlord must carry out general repairs during the tenancy. According to the lease -

Initial Repairs before the tenancy Initialrepairs mustbefore themake the premises habitable before the key is handed These initial Repairs be done to tenancy

Urgent repairs during the tenancy isUrgentof urgent during thethe landlord must carry out urgently to keep the This the list repairs repairs which tenancy

The landlord agrees to keep the residential premises in a reasonable state of repair,

Initial Repairs before the tenancy

These initial repairs must be done to make the premises habitable before the key is handed Pointing the ridge cap over Operative the repairs, the landlord must reimburse the tenant the cost up to $1,000 tenant pays forelectricity and water supply within 14 days gasthe tenant providing receipts. are installed) Operative of supply (only if gas appliances Drainage and sewer pipes which are not blocked General repairs during the tenancy landlord must carrylight general repairs duringpower points According to the lease The Safe and operative out fittings, switches and the tenancy. Light globes which work The landlord agrees to keep the residential premises in a reasonable state of repair, An operative smoke alarm paid for and the prospective life of the premises considering the age of, the rent Operative locks and security devices The Tribunal has described the landlords responsibility for general repairs as: Operative stove, hot water system The landlord has a duty to carry out repairs, such as to remedy mould, fix water leaks and damp dishwasher, microwave oven, range hood, as dryingfans, dryer, air repainting Operative problems, and clean up the damage, such exhaust soggy carpets, conditioner, (if and replacing swelled cabinetry. blistering paint installed) The tenant needs tocomplies with safety requirements The swimming pool notify the landlord of the repairs required and give the landlord a reasonable time to installing water efficient nozzles (if water usage is to be charged) Fixing leaking taps, carry out the repairs. The landlord must carry install cable or within a reasonable time. What is a reasonable A landlord is not required to out the repairs satellite TV connections, or a telephone time landline. will depend upon the type of repair required. The landlord is not responsible if the tenants actions or neglect have caused the damage. The landlord can promise the tenant to do initial repairs after the tenant moves in. In the Landlords prefer there is a box headed: Landlords promise to undertake work where the Condition Reportto repair, rather than to replace, not only to minimise the cashoutlay but also because the should be written off for landlord fails whereas the cost of a replacement repairs promised cost is fullyrecorded. If the tax purposes, to honour their promise, the is depreciated for a rent reduction. tenant can ask over a number of years. Where a replacement is necessary because the stove, blind, or light fixture (for example) is beyond repair, the replacement should be of Urgent repairs during the tenancy equivalent or better quality. This is the list also responsible which the landlord must from vermin such as cockroach, Landlords are of urgent repairs to keep the premises freecarry out urgently to keep the ant premises habitable for theThe pest control is carried out at the cost of the landlord. and even rat infestations. tenant: (a) a burst water pipe Is the tenant responsible to do anything? (b) a leaking tap, toilet cistern, hot water heater Yes under the or broken lavatory responsible to keep the premises reasonably clean, to (c) a blocked lease, the tenant is notify the landlord of any damage, to pay for any damage by occupants and visitors and to (d) a serious roof leak replace light globes and batteries for smoke detectors but not to do any repairs unless (e) a gas leak they caused the damage. (f) a dangerous electrical fault Rent reductions and compensation (g) flooding or serious flood damage from roofs and gutter leakage, stormwater, The Tribunal thebroken pipes, blocked drains, taps, burst hot water heaters floodwater, Tenancy Division of the Consumer, Trader & Tenancy Tribunal will order rent reductions, compensation for damage to goods and allow tenants to break their lease (h) serious storm or fire damage early without penalty, if theof the electricity, water or gas supply fit for habitation. (i) failure or breakdown landlord has failed to provide premises The Tribunal or breakdown of hot water system, stove, cook top, range hood, and if (j) failure takes into consideration these aspects installed, appliances such as the steps the landlord has room heater, washing (1) The cause of the problem, andair-conditioner, dishwasher,taken to deal with the machine, problem. clothes dryer, refrigerator (k) Afault or or occupant will not be compensated new for old. They are compensated at (2) tenant damage to door and window locks and security devices, security system, security screens, external doors, windows, made balcony railings current value. In case 2012/94, the Tribunalfences,these comments: Personal possessions landlord when urgent repairs are required, and must time of The tenant must notify thehave an economic lifespan. The value is highest at the contact the purchase. Over or maintenance service whose details that the goods the lease. If the electrician, plumbertime, the value diminishes to the pointare recorded in no longer have any value other than sentimental value, not even an offer on EBay or as a donation to charity.
Copyright Anthony J Cordato Sydney 2012

Landlords have a great financial incentive to deal with mould because premises affected by www.propertyinvestmentlawyer.com.au mould may not be fit for habitation. Landlords cannot avoid responsibility by showing they

Personal possessions have an economic lifespan. The value is highest at the time of purchase. Over time, the value diminishes to the point that the goods no longer have any value other than sentimental value, not even an offer on EBay or as a donation to charity. Landlords have a great financial incentive to deal with mould because premises affected by mouldInitial Repairs habitation. Landlords cannot avoid responsibility by showing they may not be fit for before the tenancy These initial repairs that be done make the premises habitable before key is handed have done the best mustthey can to they are responsible to (a) deal with the problem, such over as installing more powerful exhaust fans, shaving off the bases of bathroom and laundry doors to provide Cordato Sydney 2012 for the fans; and (b) to compensate the tenant for loss Copyright Anthonyelectricity and water supply www.propertyinvestmentlawyer.com.au Operative J adequate airflow and damage to their goods. Operative gas supply (only if gas appliances are installed) The Tribunal considered mouldwhich are not blocked affected the lounge room, a Drainage and sewer pipes in case 2012/109 which bedroom and a bathroom. The Tribunal said that a rent reduction from $305 pw to $250 pw Safe and operative light fittings, switches and power points that the landlord had given was adequate. The Tribunal ordered the landlord pay Light globes which work compensation for a long list of items damaged by mould, including a three piece leather An bike wear, king bed, golf lounge, operative smoke alarm bag, guitar cases, leather shoes, travel bag, and the extra electricity costs of heating, and purchasing and running a dehumidifier totalling $6,264. Part Operative locks and security devices of the compensation was water system Operative stove, hot for water damage to the tenants goods which were stored in the garage which the landlord knew flooded, but failed to warn the tenant. Operative dishwasher, microwave oven, range hood, exhaust fans, dryer, air The Tribunal also(if installed)that tenants cannot claim compensation for non-economic loss conditioner, confirmed suchThedistress, discomfort, loss of enjoyment of home life and breach of privacy. as swimming pool complies with safety requirements Fixing leaking taps, installing water 2011/612, a rent reduction of is to be charged) In other Tribunal decisions, such as caseefficient nozzles (if water usage20% for the loss of use and enjoyment of kitchens or lounge or satellite TV connections, or a water penetration A landlord is not required to install cable rooms or bedrooms because of telephone has been considered to be reasonable, and might be used as a guide. landline. The landlord can promise the tenant to do initial repairs after the tenant moves in. In the Condition Report there Renting has been produced by Cordato Partners work where the The Landlords Guide tois a box headed: Landlords promise to undertakeLawyers, as part of repairs promised should be recorded. If the landlord fails to honour their promise, the its Property Law practice. It is distributed free of charge. Extra copies are available on tenant can ask is a rent on the website www.propertyinvestmentlawyer.com.au request. A copyfor postedreduction.

version repairs during the tenancy A full Urgentof the Landlords Guide to Renting will be available for purchase through the website shop of urgentwith $5 whicheachlandlord must to a charity for the homeless. The This is the list for $27 - repairs from the sale donated carry out urgently to keep the publication date is end the tenant: premises habitable for July. (a) a burst water pipe Because it is a general guide, is not intended to be relied upon for any specific tenancy situation. For those toilet cistern, hot wateradvice should be obtained. (b) a leaking tap, situations professional heater (c) a blocked or broken lavatory We work with Rental Property Managers, who provide tenancy advice and as a rule, prepare (d) a serious roof Agreements and conduct tenancy proceedings in the Tribunal. Residential Tenancy leak (e) a gas leak We specialise in conveyancing the sale and purchase of properties for owner occupancy (f) a investment, vendor fault and for dangerous electrical finance, mortgages, caveats, strata and land subdivisions, commercial leases, joint ventures, mortgage roofs and gutter leakage, stormwater, (g) flooding or serious flood damage from and property disputes, and property litigation in NSW. floodwater, broken pipes, blocked drains, taps, burst hot water heaters (h) serious storm or fire also has Cordato Partners, Lawyers damage Business Law, Travel & Tourism Law, and Wills & Estates (i) failure or deal with transactions, disputes and court work. practices which breakdown of the electricity, water or gas supply (j) failure or breakdown of hot water system, stove, cook top, range hood, and if Contact us by email info@propertyinvestmentlawyer.com.au or by phone (02) 8297 5600 installed, appliances such as air-conditioner, dishwasher, room heater, washing (speak to Sally). Our office address is Level 5, 49 York Street, Sydney NSW 2000 (near machine, clothes dryer, refrigerator Wynyard Station). (k) fault or damage to door and window locks and security devices, security system, Please feel free to sendexternal doors, windows, fences, balcony railings security screens, suggestions, questions and comments.
If you prefer not to receive future newsletters, please email to request and must contact the The tenant must notify the landlord when urgent repairs are required, your details are removed from the mailing list. electrician, plumber or maintenance service whose details are recorded in the lease. If the

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