Hi All,
Just need some advise with regards to the tenancy agreement (residential).
Is there a law / requirement in Victoria that states that the agent managing the property is authorised to undertake urgent repairs up to $1000 ?
I notice that this clause is on most tenancy agreements that I have seen. Instead of this, can we put in a clause that states that all repairs must be authorised by the owner ?
Thanks
Andlim
Hi Andlim,
The figure of $1000 is mentioned in the Residential Tenancies Act of 1997 (Section 72), but you should be aware that it's only applicable to urgent repairs (defined as safety and security repairs by Consumer Affairs Victoria). Section 32 also mentions 'landlord or agent', so the agent is authorised to act on oyur behalf.
So, in answer to your question: In my opinion, i'd be very surprised if you can change this clause.
Is there any particular reason why you'd like to change this clause?
Hi Andy,
Thanks for the post… I'm more comfortable if I am advised / consulted on any repair work before they are actually carried out by the agent.
Hi Andlim,
That's understandable, from what I understand there are quite strict measures as to what consitutes urgent repairs, there's a list of situations and scenarios starting on page 16 of the CAV guide that you can find here and may be useful;
There's only two ways that the money can be spent without your knowledge or approval; 1) through the agent authorising the work, or 2) the tenant can arrange and pay for work if they can't get a response from the agent / landlord. To avoid having money spent without your knowledge, it would be worth discussing your concerns with your managing agent. If you have a good agent, he should be willing to listen to your concerns and be prompt in contacting you if any urgent situations arise. If he doesn't, I'd consider finding a new agent !
I would rather authorise my property manager to repair anything under $1000 rather than having to authorise repairs, but I trust my property manager.
I just authorised today for glass to be replaced in the Tenants Oven as it fell out and broke when it hit the floor.thanks
duckster wrote:I would rather authorise my property manager to repair anything under $1000 rather than having to authorise repairs, but I trust my property manager.May I suggest the authorisation be strictly confined to urgent repairs as defined in the Act, otherwise you could find yourself paying for items that the PM authorised but weren't urgent and you've missed the opportunity to obtain a more competitive price or delay the works to a more convenient time.
Never blindly trust your PM – they are your agent so their actions bind you, for better or worse.
Suggest you stipulate which tradesmen can be used if you know any in your property's area that keep it real.
Otherwise use the REA's tradies but switch if they're overpricing work. You can also insist on quotes before work, unless it's in the urgent category, but the word "reasonable" still applies to costs.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
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