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Rental Agreement - our rights?

Rental Agreement - our rights?

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Old May 18th 2005, 12:04 pm
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Default Rental Agreement - our rights?

We are in a new tower block, only moved in two weeks ago and the heating isn't working and it's cold at night!!!

We told the agent on monday and she still hasn't done anything about it . Worse still I am not conviced she is going to do anything about it this week 'cos she is to busy. (all she needs to do is phone the engineer)

Does anyone know what our rights are??? (I seemd to have "filed" the lease agreement, how can we get some heating quickly!

thanks
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Old May 18th 2005, 1:24 pm
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Default Re: Rental Agreement - our rights?

Just keep on her back - landlords are allowed "adequate" time unless it is an "urgent" repair, then you could take it on yourself to get it sorted (after getting numerous quotes of course!!)

Good luck
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Old May 18th 2005, 1:30 pm
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Default Re: Rental Agreement - our rights?

Check your lease papers - ours specifies something like 24-36 hours for an "urgent" problem, 2 weeks for non urgent, after that we can go to th Queensland tenants rental association and get them to lean on the landlord/agent. Might be something similar in your lease?
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Old May 18th 2005, 1:45 pm
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Default Re: Rental Agreement - our rights?

Still hunting for the lease papers! But I think i remember the "reasonable bits" of course the problem is sorting out what's reasonable.

In MHO any time without heating is unreasonable!

Might try getting fixed ourselves, but could be trickey as it's a new tower block and I think it's all run on a central system and I am not sure if the problem is in our flat or the block. (She mentioned someone else was having this problem)

Hmmm there's a thought, maybe I'll knock on a few doors to see if anyone else is having problems!
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Old May 18th 2005, 11:34 pm
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Default Re: Rental Agreement - our rights?

Originally Posted by SarahandOli
We are in a new tower block, only moved in two weeks ago and the heating isn't working and it's cold at night!!!

We told the agent on monday and she still hasn't done anything about it . Worse still I am not conviced she is going to do anything about it this week 'cos she is to busy. (all she needs to do is phone the engineer)

Does anyone know what our rights are??? (I seemd to have "filed" the lease agreement, how can we get some heating quickly!

thanks
What state are you in as the laws vary. There are lot of rights for tennants here. I remember Mrs Triguboff (husband of the owner of Meriton) was successfully relieved of a lot of rent for not providing a working oven in a Sydney apartment.
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Old May 18th 2005, 11:54 pm
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Default Re: Rental Agreement - our rights?

Heating - I think they'd expect you to just wrap up in a few extra jumpers. Are you somewhere like Canberra (where you get those really cold night temperatures)? I think if you could show the temps get really cold in your flat (maybe invest in a thermometer) that might get them taking it a bit more seriously.

You could contact a heating engineer yourself, pay for work upfront, and claim it back from the landlord if you're really desperate.
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Old May 19th 2005, 12:32 am
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Default Re: Rental Agreement - our rights?

In NSW
http://www.fairtrading.nsw.gov.au/re...s/repairs.html

How to get urgent repairs carried out

Tenants can spend up to $500 on urgent repairs and be reimbursed within 14 days by the landlord. The landlord or agent must first be given a reasonable opportunity to arrange the work, or if they cannot be reached, any properly qualified tradesperson nominated in the agreement should be contacted. Refer to your tenancy agreement for more information.


How to get repairs carried out

The following steps are recommended when you want to have repairs or other work carried out:

  • Phone or speak to the landlord or agent in person, and explain what you think the problem is or what you would like done to the premises. Write down somewhere the date of all conversations and what was said. This will be important if the problem is not easily resolved.
  • If the response is favourable write a letter to the landlord or agent confirming your view of what was agreed to in the conversation.
  • If the response is negative, consider carefully if the problem is important enough to pursue the matter. If you believe it is, write a letter to the landlord or agent outlining what you want done. Give a reasonable time limit in which you expect the work to be carried out.
  • If the work has not been done within a reasonable time write a final letter to the landlord or the agent explaining that you intend to apply to the Consumer, Trader & Tenancy Tribunal or seek the help of an advisory service.
  • If all else fails you can apply to the Tribunal for an order that the landlord carry out work to maintain the premises in reasonable repair. The Tribunal can also grant compensation, or allow the rent to be paid to the Tribunal until the work has been completed.
Under no circumstances should you stop paying the rent.

For further information see our fact sheet Living there - information for renters in PDF format (size: 78k)

Get a free copy of Adobe Acrobat Reader so you can access PDF versions of our information.
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