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What are my legal rights as a tenant? What do building repairs cost?

Discussion in 'The Pub' started by kols_kebabs, Aug 22, 2010.

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  1. 8==D~~

  2. You mentioned the door was crappy quality and old before you moved in...was this mentioned on the building inspection report that was filled out when you moved in?
  3. How much money is your mate, who damaged it, going to kick in?
  4. +1 to dovochka, Initial condition report.

    You are not liable for the full replacement cost of the door, the door has a depreciated cost based on its age and state of repair. You are liable for some of the cost. You need to document the current state of the door if you can, digital photos etc. I realise you have probably moved out so may not have this option. Do NOT go to the property if you have no further legal right to do so.

    In NSW you can ask for a ruling by the Consumer Trader and Tenancy Tribunal

    It is best before you go to the tribunal to be able to show you have made good effort to come to an agreement on cost with the landlord. Put things in writing and retain a copy of all letters. If you do go to the tribunal be polite, calm and state your case clearly and without emotion.

    Good Luck.
  5. if it is a unit, isnt the front door meant to be a fire door, eg solid and with a fire rating.

    But the if it has glass, wont be approved.
  6. If it's a solid wooden door with glass paneling then it will likely cost that much. Even more so if it has side panels that need to be matched.

    yes you are allowed to do it yourself. And yes you are within your rights to get an independent quote.

    If the new door is an upgrade to the old door, then I would be making an argument that you will contribute part payment.
  7. Actually that is certainly not the case every tenancy agreement in Australia strictly states that all repairs will be carried out but a qualified trades person nominated by the lessor.

    I happen to know this very well as a landlord. The tenant is always liable for any damage willful or otherwise. The only time a tenant is allowed to arrange repairs off their own bat is in the case of emergency when the lessor or agent cannot be contacted and even then the repair must be performed using the nominated tradie in the tenancy agreement, if one hasn't been one nominated in the agreement the tenant can use a tradie of their choosing and the lessor will be billed directly however they still need to be qualified.

    If you really wanted to sort this on your terms you should have had the issue fixed prior to moving out and having the exit report done. A lot of tenants will carry out their own maintenance prior to this the and agent normally won't pick it up if it's a decent job.

    You let it get to the stage it's at now and it is very much the lessors right to correct it as they see fit. Doesn't matter if the door is old and in need of paint, the willful damage isn't wear and tear and anything needed to be done to fix the problem you are liable for.

    You had the opportunity to fix it and I am guessing you didn't in the hope the agent wouldn't notice the damage?

    Make your mate pony up the cost.
  8. This is where I was coming from. Does the OP note this is after an exit report?

    If so then yeah, the only hope is to get an alternative quote.

    Otherwise any damage I did as a renter would be repaired as I thought appropriate and then they can make the arguments later.
  9. I had a disagreement with an agent in QLD and took the dispute to the relevant authority. What struck me was how reasonable and pro the tenant they were. Basically, they deal with shits on both sides many many times, so if you are reasonable and look for solutions they try to help and negotiate an equitable solution.

    Seek advice from your state body, you will get much better information from them.
  10. +1 your mate should kick in to help pay with some of the damage.
  11. That's interesting given that the agent has a quote for $1200. Clearly the owner thinks it can be done cheaper..... Being a builder, I would expect he'll get the door at mates rates from a supplier he knows and put it on himself which will be a lot cheaper for him than getting someone else to do it. I'd simply ask to see the reciept for the door and pay that much. :) If it goes to VCAT they'll want to see the reciept and make an order based on that price anyway. VCAT may well reduce your liability due to the doors age and condition (if you can prove it) but it is a time consuming process and will string out the ordeal for somewhat longer.
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