Hi, I'd like to seek some advice or experience on residential tenancy act as a landlord, the situation I'm facing now is this:
I rent out a unit and it's managed by a proper agency. The unit has undergone some work like replacing window frames and now it's all done. My agent told me the tenant made a complaint that the work has created noises and dust for him. The tenant says the noise from the work caused him sleep loss cause he sleeps during the day. He asks me for a compensation and a cleaner to be arranged, otherwise he will go to VCAT.
This surprised me a bit and I'm not familiar about the Residential tenancy act. Does any one have similar experience or knowledge on Residential tenancy act? or does anyone with property managing or legal background can give me some advice how should I handle this right? And do you think the tenant legally has the right to ask for a compensation based on what happened? Honestly I don't have any control over the work schedule arranged by the body corporate and the tenant knows long time ago that the windows are to be replaced. As the landlord, should I still be responsible and pay the tenant a compensation due to the things I have no control?
Any suggestion will be appreciated.
Thanks
Peter
I would recommend you have a read of the RTA see http://www.austlii.edu.au or google it – remember to look for the one from your state.
Also look for the tenants union website of your state, this will contain a wealth of information on tenants rights/.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Thanks Terry, very good info.
It is more than reasonable that the tenant request that the mess made by builders be cleaned up and that they should have been relocated during the works (relates to quiet enjoyment of the premises). It is legitimate that the body corporate should have made allowance to clean up after the work (a cost that would be borne by the owners). Likewise, the tenant has a legitimate complaint that as he sleeps during the day (esp if he works nights), then he should have been accommodated elsewhere whilst the work was undertaken.
I have seen plenty of tenants relocated whilst bathrooms/kitchens were upgraded – it acts as an incentive to the owner/builder to minimise the time taken to do the work.
Why were these issues not addressed prior to the work commencing? The tribunal will find that the tenant has been put to an expense/inconvenience greater than should be otherwise encountered (quiet enjoyment) and will find that some compensation will be payable. Make the tenant an offer of a week's free rent (or whatever may suffice) & push back on the body corporate for cleaning depending upon the inconvenience experienced.
Thanks Scott for your detailed reply. I agree with you the cleaning is more than reasonable. As for the actual work, it's to replace the faulty window frames and mostly being done outside the building and it doesn't take longer than a day to replace the window frames for my unit. The tenant hasn't communicate this issue until it's all finished now and that's why I haven't dealt with this earlier.
I've also checked the definition of quiet enjoyment from Consumer Affairs, and it seems it only related to the following issues:
Quiet enjoymentTenants have the right to privacy. Landlords and agents usually must not enter the property without getting your agreement not more than seven days before the visit. They must not enter in an unreasonable way or stay longer than needed.
Any further advice is more than welcome, I only want to resolve this issue happily and fairly.
Thanks
PeterSounds like this is a Body Corporate matter and the tenant should forward the complaint to them. If I read this correctly, it was the body corporate who ordered the work – correct? If so, then it has nothing to do with you. It happens all the time when a new building is being built next to an existing building.
And the complaint has come after all the work is finished. Sounds a bit of phoney to me.
Thanks for your advice Danny, yes it is body corporate who ordered the work. I will try communicate this to my tenant.
Thanks
PeterSounds like the BC's fault, since you don't organise the workmen's schedule.
The body corporate should have given you the property owner as well as the resident tenant any available information about the proposed works, and if it was BC work, then BC should clean up too.
The tenant should have been advised about the work schedule in case it caused any inconvenience.
Too hard to fit workmen into vampire hours so I'd say bad luck for the tenant's lost sleep.
Too late for you to avoid the problem and the tenant didn't give you any opportunity to mitigate any loss and made no attempt to let you know ahead of time to mitigate the loss either, bad luck for the tenant there.
I'd be inclined to send the tenant a couple of movie tickets bought on your credit card so you have proof, and an apology.
Vampire tenant is unlikely to spend all day sleep time waiting around in a Tribunal for a doubtful outcome.
Tenant might be due some compensation, but most likely from the BC, not you.
cheers
thecrest
thecrest | Tony Neale - Statewide Motel Brokers
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Thanks thecrest, very helpful info, I actually called consumer affairs and they've given same advice to me. And good idea about the movie tickets.
Peter
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