Apologies for cross post – think this is the better home for this question
My previous tenants have cut a metre wide hole in the 2nd storey balcony of my IP. (why? Dont even ask – I mean WHY?)
The managing agent has only advised me of this really dangerous problem this week.
I am hurrying to get it repaired as its a good 10metre drop to concrete below.
I am thinking of replacing the waist-height balustrade with one about chest to head height to stop morons potentially leaning over and toppling off.
Does anyone know about an Australian Standard code for balustrades? Like what is the max height I can install? If I install too high it could be a cage and a potential trap in event of fire, right?
I am probably going to have to get a custom job – what do I need to be sure of re the installation? Obviously a licenced builder and installer – is there a special licence for installing balustrades?
Any recommendations about tradies northern Syd suburbs who can construct/install a metal balustrade?
Anyone with any comments words of advice or caution about best way to solve this.
much thanksHas the managing agent deducted repair costs from the tenant's bond?
The height and spacing of ballustrades is governed by the Building Code of Aust/Aust Stnds. It specifies the minimum height required to prevent falls. There is no need to exceed the minimum height unless there are peculiar circumstances eg person is able to climb on some structure eg steps or fixed chair/table near the balustrade.
If it is a multi-storey building ie flats then it could be up to body corporate to either replace the railing (to match the existing standard) or put it back on you as it was your tenant.
You could try some of these contractors: http://newerabalustrading.com.au/balust.htm or Elite
Hi SNM,
Without blowing a fuse here – the agent is uncertain if it was this or the previous tenants who did the damage.
(What???????)
I know I know I know about changing agents. Thing is – these are the agents AFTER I changed agents previously.
They are on notice and they now have themselves a great property manager who is working hard now to sort all this thru, so I will continue with them for a bit.I own the duplex, so no strata.
I only wanted to exceed the 1m balustrade minimum thinking the height of 1m is about waist level, and people can lean over – then topple.
Why anyone would, I dont know, but then it never occurred to me that anyone would cut a 1m hole in the balcony in the first place.
I cant see WHY anyone would want to do this. So, given the general degree of moronic behaviour already exhibited I just wanted to
ensure that no idiot found a way to fall off the balcony. (Of course if someone really wants to find a way to fall off a balcony, they will).Thanks for the balustrade link.
A few questions – did the current agency put the present tenants in place? Did they do a preliminary inspection at the time of taking up the management? Did the agency undertake its obligatory (required) annual property inspections? If they didn't, then they could be in breach of the Fair Trading/VCAT licensing requirements (which state are you in?)
Did the agent take any photos during the tenancy?
This is part of the agent's responsibility, if you can show the previous condition reports showing that the railing was intact, then you can pinpoint the blame and get the agent to take it out of the bond.
Hi SNM,
Thanks for these list of questions. I will cut and past and email them to my Managing Agent right now!!.
These agents have placed the tenants. I have had these agents about 5-7 years now.I am in NSW northwest Sydney area
Say it was the tenantsbefore this lot that damaged the balcony – their bond presumably has been refunded, so the money is gone?
I have been living out of Syd for about 3 years and I did a property inspection last week and discovered the balcony.
As a result of my inspection the agent wrote to the tenants to clean up the gardens and keep the place clean – so and they have now given notice.So any tips ahead of getting new tenants.
I have been a bit of an “innocent” in the past as a IP owner. Starting to clue up now.
So the agent wants to advertise – what should I be saying to the agent re advertising and conditions for the next lot of tenants?
Although the agents take no responsibility for the actions of the tenants, I would be pushing the line of their responsibility to you to advise and diligently undertake their duties not just collect theri commission. The cost should come out of the tenants bond.
As to tehe instructions to the agent you have to tread the fine line between what is discriminatory & what is reasonable.
According to your post, you discovered the damage yourself. Not very reassuring is it.
If the damage was done during the period of the previous PM and previous tenants, your opportunity to recoup the repair cost is gone unless you like long court cases with long odds.
If the damage was done during the period of the current PM, they must act to recoup the cost or bear it themselves.
They also are required to act in your best interests at all times, which also translates into managing matters with tenants in such a way as to prolong their tenancy under circumstances beneficial to you and the property, rather than dislodging ( groan, sorry – worst accidental pun of the week) or losing tenants unnecessarily.
If you have concerns, get written confirmation from your insurance company on the standard required, and the same from your builder, then you'll sleep better.
Cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Hi thecrest,
Yes – I myself discovered the damage when I went along for a property inspection just this month.
I had been living out of Syd for a couple of years and had not been inside the property for about 5 years – but paying handsomely for PM.
(I am a “platinum” level landlord, so pay top $$$ in anticipation of top level service !!) (HA!!)
The damage was definitely done during the tenure of this PM. I remain uncertain as it whether it was this lot of vacating tenants or the previous lot, as the PM is unable to confirm when the damage was done. (Why not?????)
Must say, the PM seemed at bit stunned when I took up the offer of attending the property inspection this time. As I say, I had been out of Syd and basically just overloaded with other aspects of my life …. so of course my lack of attention has allowed the PM to get very sloppy… However, you know, when a whole lot of other life-and-death (literally) stuff is happening in life, it is hard to be totally focussed on the IP…. which is why I engaged the PM at the “platinum” level…. )Anyway, thanks for your comments – and SNM – as it gives me a bit more knowledge as I work through this with the PM.
It might help to request copies of the inbound condition report for this tenant, and any subsequent periodic inspections.
If the missing part of the railing is not mentioned in the inbound condition report by either party as existing damage at that time, then you can ask the PM to demand repair from the current tenant – provided that the inbound inspection report supports the claim that the damage was not there when the current tenants moved in.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
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