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Renting - my rights?

Discussion in 'The Pub' at netrider.net.au started by I Adore Vic, Jan 11, 2008.

  1. Hey all. I've had a look at tenancy rights vic website but haven't been able to find specific info on a problem. Just wondering if anyone here has knowledge of tenancy rights.

    Late last week the real estate agent sent me an sms to say that a painter was coming around to the property on the 11th and 12th Jan.

    This morning I answered a knock on the door to find the landlords standing there tellng me they were there to paint the poles out the front. I was a bit surprised because the sms stated it was a painter - not the actual landlord.



    Anyway, I gave them permission to paint but the thing is, the landlord has been wandering around the yard having a look out the back etc. I'm not happy with this and am even concerned about leaving the property to take my daughter to her friends in case they decide to have a look inside.

    What are my rights? Am I within my rights to say something? To the landlord? To the REAgent?

    Had I known it was the landlord turning up I would have tidied the yard up a bit! (not that it's bad but the lawn needs a mow and the backyard has twigs all over the place from the trees. :( It's just really awkward atm having the owners here. :(
     
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  3. In Victoria, landlords must give notice prior to an inspection.

    Mind you, if it was my property, I'd also probably have a look out the back to see what condition the place is in.
     
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  4. If I knew a big bad bikie like yourself was living there I'd be looking around for any illegal doings while I was there :LOL:
     
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  5. Have a look at the Tenancy Tribunal information. There are rules on how many visits can take place per year and how they go about this. I'm pretty sure they can't just rock up with the painter!
     
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  6. Thanks for the links pro-pilot..I"m having trouble getting the pages to load (comp's going v slow lately) but will persevere.

    I was informed that a PAINTER was coming around to do some painting. NOT that the landlord was coming around to do some painting plus general yard maintenance and what's pretty much a yard inspection..he's been undert he house..he's removed my temporary fence which keeps Sammy out the back...and God knows what else he's doing.

    Yes it's his house and I hold no ill feeling towards him and his motivations today - I just wish the agent had told me it was the landlord coming around so I could have had the bloody lawn mowed and done a general outside tidy. I have some pride you know. :)
     
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  7. GSHundy - he didn't rock up with the painter - he's doing the painting himself. I don't have a problem - just wish I'd been better informed so I could have been better prepared.
     
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  8. You are entitled to "quiet enjoyment" of your leased property. In order to make an inspection the landlord has to send out notice in writing in advance. An SMS is not that.

    The handbook, which the LL is obligated to provide for you has the timings involved with respect to inspections, repairs, urgent and non urgent.

    From what I'm reading here the guy is clearly breaking the rules.

    Now, if you arc up and whinge about it he could either apologise or get vindictive and find an excuse to boot you out.

    He can't just rock anytime he feels like it. Of course there is nothing to stop him checking the joint out from the road, or if he knows his neighbors from visiting them and peeking over the fence.

    I'd suggest that you take a deep breath and cop this one. If he makes comments about the lawns or whatever, then you should suggest that what he's doing is wrong and refer to the law regarding tenants' rights.

    Then start looking for somewhere else to live.

    :-(
     
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  9. Entry with 24 hours notice

    A landlord or agent has the right to enter with 24 hours written notice to
    the tenant in order to do any of the following.

    • Carry out duties under the
    ‘Residential Tenancy Agreement’,
    the Residential Tenancies Act 1997
    or any other Act.

    • Value the property.

    etc.

    Where a landlord or agent has provided a notice in writing for one of
    the reasons listed on this page, with at least 24 hours notice to carry out one or more of these tasks, they are only allowed to enter between 8.00am and 6.00pm, and not on public holidays.

    If the tenant is home, they must let the landlord or agent in. The landlord
    or agent is allowed to enter the premises if the tenant is not home

    Make one general inspection in any six-month period, but not within the first three months of the tenancy.

    The notice must be hand delivered between the hours of 8.00am and
    6.00pm or posted (allow extra time for postage period).
     
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  10. The issue here is that she was informed that a tradesperson was going to turn up. The fact is that the tradesperson and the landlord are one of the same entities here.

    If he performed any actions that were consistent of a landlord, then he would be in breech.

    If he just did the job and left, well pretty much nothing you can do.

    However, being told of this before hand would have been a nice courtesy.
     
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  11. Thanks mjt. They've recently put the house on the market and I can't help but think that they went about this 'inspection' sly but saying without further specifics that a painter was coming around...

    I haven't spoken with him since this mroning but need to go out so will speak briefly with him, but that's it. Not mentioning the lawns and if he does say something, I'll just be honest and say that had I known he was coming things would have been different..

    Am looking at moving out of here anyway - already looking at other properties and am inspecting one next Tuesday. My lease here expires end of Jan. Methinks he's also here to consider whether to renew the lease or not.
     
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  12. Tell the agent exactly what you old us:

    "I'm really unhappy that you didn't inform me that the landlord was turning up to the property. That the landlord was calling himself a "Painter" makes no difference - he's still the landlord, he's still the owner, he was still visiting & inspecting his rented property. Personally, it's just because I would have tidied up a bit, had I known. Professionally, you or they are supposed to advise me of a visit 24 hours in advance. Please make sure that happens in the future."


    -in a letter, though.
     
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  13. RE: Tradesman/landlord - Exactly pro-pilot. He's done more than paint. They told me that they're going to return tomorrow and put some plants and stuff in.

    WTF..I thought a freakin painter was coming around.

    :( :evil:
     
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  14. I wouldn't bring it up with the landlord, but I'd mention to the agent that it would have been polite of them to be more specific about who was coming to the house.
     
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  15. Rosie, get ready to draw a big fat line in the sand for him, cos he sounds like he's taking libertys.

    under the blah blah, The landlord has the right to do trade work (painting) as long as it's done in a tradesmen like fashion.
    Under that wording, that excludes him from looking at anything else other than the poles he's painting, unless he notifies you he wants to do otherwise.

    So far it started out as painting. Then removing fence, checking yard etc. Now it's gardening........what next???

    Scheff
     
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  16. What Ktulu said. Maybe not in writing, but it's definately worth calling the agent and just saying "dude, did you know it was going to be the owner himself coming to paint? Please let me know in future!"
     
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  17. He can't come around tomorrow. You were having your kids friends over for a bbq party :)
     
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  18. So long as they don't do stuff which may get you in the future.

    My landlord planted heaps of small trees while I was renting, and I gave them permission. While we did water the them, about half were dead and when we moved out they tried to make us pay for it!! carnt.
     
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  19. "Late last week the real estate agent sent me an sms to say that a painter was coming around to the property on the 11th and 12th Jan. "

    Technically he can come tomorrow, she was warned, BUT...it's supposed to be for painting, NOT to put trees in.

    I had the same thing, my heater was fuxxored and after having to go all the way to VCAT :grin: an 'electrician' finally came out to fix it....the electrician being the landlord and his wife :roll:

    He didn't actually SAY he was the landlord, I just heard his wife say his name and she went downstairs and looked around the property (keeping in mind I'm in a block of flats, and she was just looking at the carpark/garden etc).

    He was ok, came in, fixed it (albeit a pretty shoddy job, but it works) and left, after mentioning the possums would be dealt with soon (had a few gripes with this place ;) )

    He has over stepped the line - they ARE doing more than they should, but I don't think you're going to get anywhere saying something to the real estate. They'll still come out.

    They're required to fix anything that needs fixing, but I think you'll find it's at their discretion WHO fixes it...
     
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  20. Rosie

    You are well within your rights to tell him to bugger off

    as for moving a fence thats holding your pet in and looking around at stuff
    that is NOT on

    we are actually moving next week from our current property only 15 months into a 3 year lease due to the landlord and their interpretation of their rights as the homeowner,
    Including the right to not maintain the place and get repairs done.

    We decided to get ourselves evicted as opposed to a long drawn out process with the tribunal.

    I would hit the agent and even the landlord with YOUR rights as a tenant.

    Good luck

    Tracey
     
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