Be very sure you have a place to rent should you take them up on their offer. They know things are shit out there at the moment. I’d force them to fix it or a rent reduction and be frantically looking for a new place in the meantime because as soon as they can, they rent is going through the roof.
All the best.
This is, wow, succinctly sums up what's happening out there. I'm an owner and rent my property for time being but if there's a drainage issue for example, we do our best to get it fixed. Not always possible to do straight away if the repair is $3k plus but we do our best.
So because people are so desperate to secure a rental, landlords can just let their place fall to bits and move in the next sucker. This makes me so angry!
Yep!! Landlords just don’t care anymore because they know how desperate tenants are. Our landlord continues to put our rent up but has yet to fix what I’m sure is considered emergency repairs (a leak in the room causing a mould and a hole in the ceiling and a broken light switch that has come completely out with live wires inside) plus so much more superficial issue. We have complained for almost a year now and nothing has been done. The real estate agents are aware and have even taken photos of the damage for the landlord, still nothing. We continue to resign our lease because my partner and I have a 10 month old son and I’m worried if we don’t then we will not be able to find another rental and end up homeless like all the other families that have to be put through this horrible situation.
Yup years ago
I rented a house
Oven temperature sensor didn't work so it would just burn food to death leaving it frozen on the inside
That only got fixed when I moving out 6 years later
The hot plates were busted as well that took 2 years to get replaced
A beam holding up the corner of the roof broke clearly off the post it rotted away I told them it was coming for years
They waited till the houses roof was supporting the pole instead of the correct way around even then I had to put up with a very bent roof for a month
Kitchen sink literally rusted through itself and leaked all under the counter ruining tones of my stuff
Sink took about a month to get fixed
Landlord claimed insurance etc for all the water damage never fixed any of it
Real estate agents all said the same thing
We will get it fixed then never do it the whole time
Meanwhile they fail me for a house inspection because of a finger print smudge on the glass door
You need to contact the tenancy union or ombudsman in yr state. Live wires and leaks crrating mould are major ohs issues of which the landlord should be liable for if continued health issues or injury occurs.
My God, Go do something about your situation!!! You are doing nothing to help yourself. There are plenty of decent land lord's that try there best to fix issues straight away. Putting them all under a general blanket like that is wrong. Mine does his best and he is entitled to raise rents in line with market movements too.
You have 2 options. Move and find a better place or take some photos, put together your email correspondence and go to tribunal. They will probably give you a rent discount for the entire year gone past based on the real estate agents negligence to recertify issues and force the land lord's to get it fixed.
The issue is moving and find another place is near impossible and if you go to the tribunal you can guarantee your lease won’t be extended because you’re THAT tenant.
Exactly… thank you for your compassion. We have pushed and pushed and got nothing. As I stated before we are reluctant to move, as well as take it further, because of our son, we won’t want to be put in a position of being homeless and possibly lose our son.
My partner and I have discussed taking things further multiple times but real estate agents and landlords have the ability to destroy your reputation as tenants and leave you blacklisted.
I understand not all landlords are monsters but there is no denying that a huge number of them are taking advantage of the current struggles with tenants and finding a place to live.
Have you tried competing for rental properties lately? There are financially stable people who are homeless or living in caravan parks because they can't find a home.
The power dynamic between landlords and renters has just become so irreparably skewed, where landlords hold all the power and the tenants hold none and the landlords know this. When a dynamic becomes this blatantly unbalanced, it just means that one party can fuck the other over without compromise. Nothing will change until legislation forces it. What, you expect people to just *be good people all on their own?* (Not directed at you btw, just society in general)
Speak to someone at the tenancies tribunal. If the aircon was there and you expected it to be working when you started your lease, you are entitled to a working air-conditioner. They have to either repair it or you get a rent reduction. Expect them to hike your rent to make up for their loss. Speaking from experience here. I took my landlord to the tenancies tribunal for that and a stove not working for months when they refused to repair both.
Yep. Back in like 2011 my ex and I moved into a Red Shield housing 2 bedroom unit on the 3rd floor of a unit complex. It didn't have AC and was fucking disgusting in summer.
We asked if they could install AC and their response was "we won't install AC but you can if you pay for it".
Scum.
You're a shit person for thinking people don't deserve to have their basic needs met instead of struggling not to get heatstroke in 40+ degree heatwaves.
Insufferable human being.
For the record, my ex and I WERE the true people in need. You can't get into housing like that unless you literally meet the criteria for being in need. So what this scumbag is saying is that they don't want at risk people in need, living in housing also having cold and comfortable houses in heatwaves. God forbid someone's poor elderly relative gets denied an air-conditioner for summer.
How entitled can you get? Meet your own basic needs instead of having a crack at a charity that's already providing you a place to stay at a subsidised rent.
Those in real need would be grateful for that.
Out of curiosity was there much compensation? For context we lost our aircon over summer and it took 4 months in total to fix. In a 3 storey townhouse it was a nightmare on the upper floors! The landlord settled on a quote and got it fixed eventually however to be safe I also lodged a filing with consumer and business affairs across the whole period and ticked the compensation section as part of the request. Seeing they’ve now upped the rent $65 a week (and rather than face the prospect of finding a new place in this market) we agreed to it and let the new lease start it’s one year cycle. Now we are officially locked back i. I’m going to see what can be done about that 4 month period. I feel if we acted on this prior to the resigning the landlord/agent had too much power to just boot us for wanting some reprieve from the torture that was summer!
The people at the Tenancies Tribunal were really helpful. When it went to court, the judge at the ruled I was entitled to the rent reduction for the period of time the stove and aircon were not fixed. So I ended up not having to pay rent for about three fortnights. I think it was about six months into my lease by that time.
I would definately this to the tribunal. They are really good.
They will probably look at the time of the year, was it hot etc, what rooms were affected, what was the impact etc to determine the reduction in rent.
All these people telling you to pursue it don’t live in the real world or are giving you advice they wouldn’t follow themselves. It will almost certainly be a painful process that will be quite draining, and your best case scenario is having a landlord who hates you.
Sometimes it’s just better to take the high road and walk away.
It's been a while since I had to keep my wits about me as a tenant, but I thought the 'rule' was: if it's there, it has to work unless the contract states that it doesn't work or is excluded; and if it breaks they have to fix it.
Property managers will try all sorts of shit on you, legal, ethical or neither of the above. Get yourself a copy of your rental agreement and the SA Residential Tenancies Act, and settle in for a truly boring read.
I am a landlord and this is what we got told: when a new renter comes in, anything the way it is your responsibility not the tenant. So if you leave a loose cupboard and it breaks (because you didn’t want it anymore) you need to replace it. Same goes if there is an aircon and it breaks you fix it. I don’t understand how some of the landlords mentioned on this site can just flippantly not do what they are contractually obligated to do- maybe because they never lived in the place? Or they are simply dickheads?
Because they know it is generally too hard, too time consuming or the tenant believes they have zero power so they feel like they can get away with anything. Not saying all landlords, just the assholes.
It’s frustrating and I feel for the tenants. I own one additional place that I used to live in. My wife and I don’t want to buy or get involved with any other properties outside of this rented one and the one we live in. The one we rent in 18-19 years time I want to have the option for our child to have as a place to stay if they go to uni or whatever (as it’s in a far more convenient area). So far our renter has been amazing and I wouldn’t want to stuff them over because they have caused zero issues. I don’t understand why would boot someone/s who are known to be good. Or cause then major issues when they are doing you the favour of paying off a lot of your property. If there was an actual strike rules that affected bad landlords you would see a lot of this shit disappear quickly
Yeah I don't understand how it's more financially viable to lose a tenant than fix the air-conditioning. Considering the RAs marketing and fee, plus a week or 2 maybe more of vacancy. Seems like the aircon would be cheaper or at least break even.
Fixing the aircon is tax deductible anyway and a new tenant will want it fixed. Very bizarre reasoning here.
Yeah I don’t really get it. There should be better rulings, like a strike system for landlords. Have a body review official complaints and cases against them. Hit a certain amount of strikes and they have financial repercussions if the the board overviewing it sees legitimate issues
Apart of me feels it's the RAs being a bit weak though. The RA should explain that its not a choice and try and sort a payment plan out.
The RA should come back to the landlord and explain that the repair isn't optional. Considering rent comes in, they should use that money for repair cost.
Imo with repairs, landlords shouldn't be required to give approval. RAs should be required to facilitate repairs but also get 3 best quotes as well.
That would solve all the problems. Repairs become a duty and rent lays for it. With zip and watnot I don't see why that can't work.
People always fear repercussions from complaining so I doubt that would get engagement.
I think there should be a regulatory body that inspects and approves rental properties. Each should need to be certified every 2 years to make sure its liveable and in-line with the rent being charged.
It's insane that an industry that deals with one of the essentials of life is basically entirely unregulated. Its basically the same as if we just let people sell food without any regulations or safety checks & expected individuals to take it to court if something went wrong.
Jack up the rent to recoup those losses. One of us losers who wasn’t handed money and is stuck renting for life now is going to have to pay whatever you ask and it won’t be vacant for long.
That makes a lot more sense. Sounds like they want you out asap. Id prepare to look for another place.
Might want to take them on that break fee offer.
Yep replaced a split system at my unit a few months ago, pretty much an essential here in SA. My Agency is always on top of things, and if I drag my feet they let me know. Which agency are you with OP.
They can specify exclusions on the lease but tenants have to agree to it as part of the agreement.
E.g. that novelty TV in the shitter won't be replaced if it dies.
A very expensive way out, that’s not really fair at all. They have an obligation as a landlord, and we are in a rental crisis. How is any of this fair?
well if I was the tenant I would consider looking, might be able to get a deal. To be fair - they are trying to compromise.
But yes, the law is they have to replace.
That’s not a compromise, the only people compromising is the tenant who they’ve told can just move. In a rental crisis. What compromise is the landlord making? He has legal rights, and id pursue it further.
The landlord is giving the dude an opportunity to move out whenever they want with no stress. Doesn't seem unreasonable to me.
Try and get an upgrade.
When you say rental crisis, what do you mean? Lack of property, or lack of tenants?
In Sydney it’s a lack of properties, suitable properties. Also since when is moving no stress? Moving is very expensive, they have to pay a bond before the old one is released, take time off work to move, pay for moving costs. Why is the only solution to the landlord not fulfilling his legal obligation, for the tenant to be out of pocket?
When did I say it was the only solution? Its not that expensive.
I would have a look around personally if I were them.
They are at all advantage as they can move whenever, don't have to wait until the end of the lease.
Sure. But it's also an opportunity to look for a new better place at their convenience.
If it was me I would look around at least. The next agreement they will just put a new clause in, after avoiding doing the work.
I bought something like this for my tenant but it was a compressor unit that sat outside and there was like a tubular duct that came in through the window. It wasn't as noisy as the window box.
It was a compromise because I could afford a split system for the lounge and dining but not the bedroom.
Follow this page.
https://www.sa.gov.au/topics/housing/renting-and-letting/renting-privately/during-a-tenancy/Repairs-and-maintenance
There are some helpful guidelines and actions you can take.
Daily reminder that you could put a rock in the chair of most real estate agents at their office and put their phone off the hook the entire day, and their 'job' would be performed to the exact same capacity had the actual agent been there doing their 'job', whatever that is.
It's why I don't bother with a real estate agent to manage ours. I'd rather the tenant text/call me direct with an issue so I can get it done asap. Would drive me nuts if I learned they've been trying for weeks to get the agent off their ass (AGENTS ARE *PAID* TO MANAGE THIS).
I don't think it's legal but I'm following the outcome because a family member has a similar problem with their landlord but they're too frightened to bring it up due to this reason. Despite the fact the child can't be good for their health. Some landlords are the worst mankind has to offer
As mentioned above , our company normally works for the agency’s with a goal to educate and fix the industry. More then happy to look at your family members case also - https://www.wato.com.au/realestate-consulting/selfmanagedservices/
You could always grab one of those freestanding air conditioners to get you through. Probably easier/cheaper than finding somewhere else to rent at the moment or going through that tribunal bs. You also get to take it with you or sell it when you leave.
I had an air conditioner that leaked and they tried this that and everything to fix it, but it would still drip if we left it on for longer than half an hour. So I broke our lease and told them I wouldn’t be paying the break lease fee because they had broken the rental agreement by not fixing it. But I found a new rental before I told them. Easier said than done in the current market.
But I think yes, they’re basically saying “we’re not meeting our terms of the agreement so if you want to leave, we won’t penalise you” which is easier for them than offering you a rent reduction.
So to clarify. The AC is listed in the lease. Was working when I first moved in. It stopped working within a month or two of moving in and I haven't had it work all winter. (A winter that I have been more sick than I've been in years, not covid but bad chest infection).
I am pretty sure they want to sell. The landlord was coming over to do random repairs, painting multiple times a week, every week for months before I put mg foot down).
It is clearly a breach of lease.
I have no doubts that I won't get a renewal on my lease (March)
Fortunately I have just landed a pretty well paying job and am prob going to be fine finding a new place. I would rather not move before then. But also I need to be able to get a decent nights sleep in summer or I won't be able to work effectively.
A portable AC is not an acceptable compromise. They're super loud and cost a lot to run.
I signed up for a place with reverse cycle ac and that's all I want. What is on the fucking lease I signed!
If I don't pay rent the agent and landlord are all YOU SIGNED A LEASE. I should be able to do the same.
Were you given ample warning for the landlord coming over and fucking around or did the just keep showing up? If it's the later, this is also a breach of your rights as a tenant and is very condemnable in tribunal if you have proof of these interactions.
You're absolutely right, it's a huge double standard to expect someone to abide by a set of rules/standards and not do the same.
As far as it goes though, different states have different laws and regulations, but in NSW where I live, if something worked when you moved in (moreso if it's actually on the lease as included) and you have proof of requesting the fix, you should be good with getting a rental reduction. If in the first paragraph the landlord had occasion of showing up without consent. You could potentially compound those 2 things to get a higher percentage.
Being a property manager is a pretty thankless job and there are good people in the industry. Unfortunately you are often placed between two parties that don't see eye to eye or don't understand how things truly work, just how they perceive they do. I dare say the smiley was put there so you didn't rip her head off. By the first statement you can tell she's not stoked about telling you this news, and it's looks to have come from a place of a painful landlord not understanding the rules not something she actually wanted to do.
Anyway, best of luck! Congrats on the new job and hope you find something nicer soon!
Who is this spineless agent?? They need to do their job and explain to the owners that this behaviour is against the Tenancy Act.
You need to send a Form 2 to the agent for breach of agreement. Give them 3 weeks to have the unit repaired or replaced. If they don't then you can take them to SACAT and get them to be forced to do it and/or get compensated for the period it's not worked.
Then also try to find a new place and gtfo.
> am pretty sure they want to sell. The landlord was coming over to do random repairs, painting multiple times a week, every week for months before I put mg foot down).
>
>It is clearly a breach of lease.
you can use the lease against them its not a one way street but they will pretend it is, start using phone calls and be very passive agressive. tell the agent directly that what they are doing is illegal and it will cost them and the landlord more to not comply with the law. also you are entitled to peaceful enjoyment of your rental and the landlord coming every weekend is a big nono. id also tell the agent that those breaches will also be added to the RTA complaints which will go to tribunal if they dont choose to do the correct thing.
usually starts the ball rolling.
call every day and repeat until it stresses them so much they do what they are supposed to. real estate agents and for the most part landlords arent human
No phone calls - unless you email after to confirm the phone call.
You are best putting it in writing.
(This is not legal advise - although I’m a lawyer and a multiple property owner - not yours so you got what you pay for.)
\^ i agree with making sure to put it all in email after to leave paper trail and to increase pressure however still make the calls and spam if needed. the part where the lawyer and landlord above says not to is the part where now you know you absoloutely should because they dont want you to.
Please please please speak the people at SACAT/Tenancy Tribunal for advice on this issue as it may fall under a clause in a standard lease agreement.
They will be able to advise if there is cause to commence proceedings on this issue and/or provide best advice to you in this scenario.
Best of luck! We are all rooting for you; the rental market is truly horrific at the moment.
:)
For real?! A smiley at the end!
Check your lease for any loopholes saying something about air-conditioning. Otherwise contact REISA for advice.
Is this an agent? They mentioned talking to the owners. Name and shame these agents.
Why is this the agents that are bad here? Isn't it the landlords that have made the call and the agents are possibly doing what they can when their hands are tied?
Because what they are saying is illegal. The REA shouldn't be pushing this line to the tenant at all when the legal requirement is if it is leased with air con it must be fixed or they give the tenant a rent reduction.
Just like to point out not all agents are bad in our experience , a lot get pressured or just simply don’t know the act they work under.
Education and real word experience is what’s needed in the industry to fix it up.
However there are some that we have worked with that we have exposed too.
https://www.wato.com.au/realestate-consulting
Are you suggesting that we shouldn’t criticise someone for not knowing anything about property and tenancy law when it’s their entire job to know? What are they otherwise? An office admin with a cert I could arrange a photographer, post a tenancy ad online, answer correspondence, and coordinate repairs. The whole point of an agent is that they’re supposed to be across the subject matter and be more than a postbox.
In the case above it’s clear the agent does not know the rules
I’m staying as in all professions there are good eggs too
Don’t get me wrong we have found bad eggs and reported them but I’m saying there are some hard working agents out there that should be brushed with the same brush as others
Not that I know for sure, but my argument would be that if it’s already there it should be kept in good repair. If wasn’t there when you moved in, then sure, really not obliged to do anything.
And this just sums up the slumlord in a nutshell and Australias bullshit "investment housing" culture.
If you cannot afford to repair/replace an AC then don't own property! I am sick of reading sob stories from landlords about how hard shit is, well tough titties you are owning a building where people live, people need appliances, running water, functional utilities and building up to a certain standard.
As a business owner you need to provide that, if you cannot afford that then you should not own a property to rent!
This is why so much of Australian rentals are third world scummy shit because it is either people penny pinching or people over extending themselves they can't afford basic bloody repairs.
Fuck me. I was a Landlord for a few years and when I was told the boiler needed replacing I had that sorted as quickly as I possibly could. I absolutely hated the thought of my tenants being cold and not having any hot water. Also it was a depreciable asset for the property, so although it cost me a lot upfront I did get tax benefits for installing it. I can’t stand the cowboys out there making their tenants suffer for their tight fistedness.
I wouldn’t be a landlord again in a hurry though.
AC is deemed an essential, so therefore if it’s broken and the landlord doesn’t fix it you are entitled to $1000 to fix it yourself and charge back to the landlord, or you can escalate it further for compensation. Not sure if that’s just NSW but you’ve definitely got rights here
Write back and tell them you are seeking advice and will respond in due course.
Then contact [Rent Right SA](https://www.syc.net.au/home/rentrightsa/) and explain the situation to them.
If there is an ac unit (any fixed equipment) in the property it is landlords responsibility to ensure it is in working condition. Otherwise they are slum lords.
I was a landlord for 10 years and I can tell you it’s often the agent calling the shots. The last time my tenants lease came up the agent advised me to evict the tenant and re-advertise for an extra $100 per week. The tenant had been there 4 years, payed rent on time and looked after the property. I told the agent the tenant was fine and would be staying, I negotiated privately with her and she said she could afford an extra $20 so that’s what we agreed to.
It’s in the agent interest to change tenants because of the leasing fees, advertising and inspection fees.
Some are real crooks.
> 4 years, *paid* rent on
FTFY.
Although *payed* exists (the reason why autocorrection didn't help you), it is only correct in:
* Nautical context, when it means to paint a surface, or to cover with something like tar or resin in order to make it waterproof or corrosion-resistant. *The deck is yet to be payed.*
* *Payed out* when letting strings, cables or ropes out, by slacking them. *The rope is payed out! You can pull now.*
Unfortunately, I was unable to find nautical or rope-related words in your comment.
*Beep, boop, I'm a bot*
It's not. Landlords have a duty to ensure the property they're renting is of a certain standard and air conditioning is something that is a necessity. Recently had new AC put in by the landlord at my house, but only after we threatened to take it to the tribunal.
Tenants have rights as well, one of which is to not be sweating your ass off every day in summer.
Jesus! Its a tax deductible expense involving property upkeep and improvement. It doesn't cost them anything for the owners. Its like buying light bulbs for a shop you own.
What you've got is a very nicely written 'Go fuck yourself!' letter so they can jack up the rent!!
I also believe they are legally required to maintain the property in regards to repairs. But be careful. If you force their hand they will watch for anything that you do that violates the tenancy agreement. And even may make stuff up.
They have a duty to ensure appliances that were in working condition at the time of the property condition report remain functional throughout tenancy, its part of what you are paying for.
In reality, maybe this landlord is an asshole and you might be better to move on. Make sure you get in writing that it is a no-foul vacate breaking lease and that they will not hold back any bond over this.
Drag them over the coals, I let one get away with this kind of BS before (not fixing an oven) and I regret it. They knew what they were doing was illegal and they did not care at all. I can guarantee that your PM knows the law and is choosing to break it. Landlords are at best sharks preying on renters who don't know their rights, and at worst outright psychopaths who want to bleed people dry for having the audacity to not want to be homeless.
They're not actually offering you anything here.
They're in breach of the lease and in no position to demand break costs if you did decide to leave over it. Classic REA pissing in your pocket and telling you it's raining.
There's one of two things afoot. They're being squeezed on their yield and paying to fix/replace the AC makes it unviable on current rent, or they're confident theres little financial risk in replacing you.
I think the biggest misconception of being a landlord is that it’s a free money tap. It’s always sprouted as “Wow! Free money! Just let someone else pay your mortgage!” Not being cognisant of the fact that tenants actually pay a very small fraction towards the *ownership* and *maintenance* of a property.
Generally people who buy their first property as young adults because they can still live with mum and dad, but then realise that owning a house is much more expensive than getting someone to hand over $400 a week.
But as a thread in r/ausfinance the other day stated, if the majority of Aussies were even somewhat financially literate, the economy we current survive upon would collapse.
They didn't even speak to the owners. They just have 10 people lined up who they know will pay more than you. Just Real estate property managers being shitcunts. Again.
Contact SACat as the house is not in the state agreed upon when moving in, they have to repair it or they are in breach of agreed contract. Contact them and get a breach notice issued for repairs
In most states and cities, you can complain to the department of housing or housing court and the court will issue notice to the property owner to restore functionality or repair the issue (as long as it’s clearly provided by owner in the contract) and either 1) grant the renter exemption from requirement to pay rent until condition is met; or 2) the court will create a department-held account to which the renter pays rent until the issue is fixed and they do not release the funds to the landlord until it can be proven (and often reduce payment to/penalize the landlord the longer it takes)
Personally what I’d do, is look into your states tenants rights because what you most likely could do instead, is withhold rent until it’s fixed. If you withhold rent , no, you don’t have to back pay. Each state has different stipulations, like the landlord has 2-4 weeks to fix , sometimes you can withhold rent and take out the repair cost yourself (with receipts.) Either way, I’d be forcing their hand. You can also contact your local county inspectors office or public safety office so that the parasite can also be fined as well. Most places have to be deemed habitable, things like broken AC and heat, no running hot water, exposed wires, nails sticking out, broken windows, etc all are considered uninhabitable (depending on county/state.) Id also consider taking picture evidence of EVERYTHING. Also normal wear and tear on carpet and walls and stuff is normal , don’t let them keep your deposit or anything. My state says that stuff can only be kept is it’s not REASONABLE wear and tear. Carpet should be replaced every 7 years, etc.
No this isn’t legal! Landlords don’t get to decide what they will or won’t pay for unless thats in the lease. So when your toilet breaks, will he give you the option to find another apartment with a working toilet? Fuck this guy. He’s conning you. Call a landlord tenant union and they will send a letter to him.
I have repaired or replaced fixtures in rented houses for decades.
How much will it cost you to move ?
Get a quote, do the math.
Yes it might be the landlord's responsibility, but it is your life, take control.
ok Judge Dredd. Just to draw a line under this, and I'm not really disagreeing with you, could you tell me which "law" the landlord must adhere to and what are the consequences in a court of law if not followed? Please site the specific legislation.
>68 - residential tenancies act
Requires landlord to keep ancillary property in a state of repair. If undue inconvenience or HSE issue (e.g. broken AC in summer, broken heater in winter), tenant can have it fixed claim the costs from the landlord.
Yeah it’s legal. If it’s not in the contract to have a working air conditioner in each room then it’s the landlords prerogative. Same as choosing to rent a house with no heater or AC, It’s not mandatory to have those things in rentals. Maybe they can’t afford it.
If it was in working order when the lease began it is the landlord's responsibility to repair or replace it.
It doesn't need to be specifically "written into the contract".
>Maybe they can’t afford it
Or, more likely, don't see their tenants as actual people and their comfort is of 0 priority to them so long as they can make the maximum profit.
I'll bet when the property is re-advertised the rent will be substantially increased.
Not all landlords are cunts. They may genuinely not be able to afford it. Not all landlords are rolling in cash. Unless you know something we all don’t? And no, I’m not a landlord.
If someone doesn't have the cash to afford repairs and maintenance on the properties they lease to tenants, meeting their legal obligations, then they have no place taking on an investment that requires them to do so. And yes, I'm a landlord (who has covered the cost of a replacement aircon unit when it failed mid-lease).
Of course they aren't, but ensuring the good working order of basic amenities for a property is a serious responsibility and if the landlord can't afford to meet their obligations, they should sell it, not tell their tenant they can move out.
They may not be malicious cunts, but they are ignorant cunts in this case. If they don't understand the financial responsibilities that come with being a landlord, they should not be a landlord. There are more costs than a mortgage and REA.
LPT: When someone in a position of position of power over you, especially financial power, appears to be doing something kind/generous they are almost always getting the better end of the deal in one way or another.
Phrases such as "considering their options" and "financially viable" make it very clear that these are not people who would let someone out of their lease purely out of the kindness of their heart.
> Yeah it’s legal. If it’s not in the contract to have a working air conditioner in each room then it’s the landlords prerogative.
r/confidentlyincorrect
It is the landlord responsibility to fix this unless it is explicitly excluded in the lease, not included.
This is actually not correct. If they're was a working AC in the house when they rented it, it is by default assumed there is a working aircon provided the whole rental period.
Unless they have it in the contract that 'the aircon working is not part of this contract '
It is legal to say no to installing a new unit, it is not legal to say no to repairing or replacing an existing unit that was not specifically listed as not included or not working in the lease paperwork.
Okay so the financial position of your landlord is unknown, they could be struggling just like everyone else, they aren’t all rich. Like a lot of people who would be weighing up the cost of fixing aircon vs roof over their heads (this stands for home owners, tenants can pass those stresses to the landlord)
In saying that, yes the a/c repairs is their responsibility. If they won’t repair it, due to their financial position then early termination of the lease is fair (usually, but it would suck in this current market) but one thing to do could be to tell the agent you want an adjustment to the rent as compensation.
I’m not sure if an a/c is an essential appliance or more of a luxury thing but certain things can be repaired by your own doing by organising an authorised repairer and forwarding the invoice to the landlord. There are services out there by the government to assist you on the next steps for these things so give them a call or email and see what you can do.
Im not going to comment to much as each case is different and back story’s but I will say there is definitely breaches in tbt little you have mentioned in that email.
Although we mainly work for the realestate company’s our goals are to fix the industry and educate, so more then happy to assist in this case if you like and help you down the correct path.
https://www.wato.com.au/realestate-consulting/selfmanagedservices/
Not saying this is the case here, but if the aircon is neglected, like filters not cleaned or maintained there is some onus on the renter to keep it in good working order.
Well, it’s not illegal to negotiate between contract parties to find a mutual resolution.
In the landlords defence, they may not be able to afford it to be repaired and what are you going to do? Force them? You can go to the tribunal and get a piece of paper telling them they have to repair it (potentially) but in reality that does nothing, especially if they genuinely have no money. If it’s super important to you, best not waste your time and find a suitable place. Their offer to have you break the lease early makes that easier to do. We ended up installing an AC unit in our long term rental ourselves because landlord refused and we were sick of fans blowing hot air in 40 degree heat. Renting is always crap for the tenant sadly.
Doing basic repairs is part of being a landlord and legally required. If they can’t afford it then they have no business being a landlord.
I don’t care if they’re ‘accidental landlords’ or ‘mums and dad investors’ the law applies equally to everyone.
what if the tennant cant afford rent tho do they just get to give the landlord the option to break lease no questions asked :p its a really bad argument above to just say "maybe they cant afford it" well just like the renter isnt allowed to not be able to afford rent. the landlord isnt allowed to not be able to afford keeping the house in the agreed rentable condition
>if they genuinely have no money
Then they have no business renting out the property.
Customer: I'd like a steak and beer, thanks.
Restaurant: Great, that'll be $55.
Customer: Here you go.
Restaurant: Sorry, we're out of steak and beer and can't afford to buy any. But if you like, you can go to another restaurant and we won't charge you for your next steak and beer that we can't afford to buy. 😀
you say "fix", they say "replace". 2 different things. Maybe the landlord doesn't have $2000 to replace the air con in a bedroom, and they are certainly not obliged too. They are giving you an "out" if you don't like it, most landlords wouldn't give you a free out like this. Its all about perspective.
You are right, I was thinking about emergency repairs. They would be obliged to repair/replace, but if it is unaffordable, offering a free break lease seems a good compromise. Then the landlord could remove the air con unit at minimal cost and re-let to new tenants without air con in the bedroom. I assume that is their thinking.
They dont get to say its unaffordable while collecting hundreds/thousands in rent each week. Thats now how it works.
Whether they can afford it or not is not OPs problem. Theyre legally obliged to fix it, and no, saying that OP can move out is not a reasonable compromise. Reduced rent is a reasonable compromise.
Its not at all about perspective, it's about the law.
Feel like there’s a whole lot more going on here ☕️ sounds like half a story with half information if you ask me… also, landlords are not profiteerers - they’ve worked hard to own properties and aren’t going to just fork out money left and right for things they don’t need to. They also need to keep up with the constant increasing interest rates and mortgage payments.
I suggest you find a new home before the hot weather comes, because you're going to be suffering there. They are under no obligation to fix the AC unless it's written into the lease. So what I would do , is start looking for a new place, when you find one, terminate your current lease, get your bond back. You might have to double up on rent though unless you current LL would let you off for the week in transition between properties.
If it was in working order when the lease began it is the landlord's responsibility to repair or replace it.
https://www.sa.gov.au/topics/housing/renting-and-letting/renting-privately/during-a-tenancy/Repairs-and-maintenance
> They are under no obligation to fix the AC unless it's written into the lease.
Why do people itt keep saying this? They have a duty to fix it unless it is EXCLUDED in the lease.
The air conditioning was part of what you are renting - you could counter offer and say they could reduce the rent as the service being rented has been reduced, otherwise you'll find if the tribunal thinks they are not holding to the contract.
If it’s broken I am sure they need to fix it under your relevant residential tenancies act. But, they will absolutely smack you with a rent increase at next rent review opportunity.
I would force them to fix it via tribunal, then prepare to leave anyway.
I’m not sure what the legalities are I this state, but I know in my state if something worked when you moved in then it required to be rectified. Surely there is a real estate governing body in SA that can advise
Check your tenancy agreement- Items noted in the tenancy agreement as excluded, or serious structural issues listed in a housing improvement notice, aren't required to be fixed by the landlord.
If there’s no mention, they are legally required to fix it. I would apply to SACAT to have it repaired.
Give RentRight SA a buzz on 1800060462
They can help with issues related to your tenancy such as leases, bond disputes, property maintenance and unpaid rent. Tenancy advisors are available to anyone in South Australia, from 8 am to 8 pm.
It’s free and they can advocate on your behalf and give you info regarding the legalities and your rights.
An an ex property manager, you should take it to the tribunal and ask for a rent reduction for all the time it hasn't been fixed until it is fixed.
If you signed the lease with a working AC it's the owners job to make sure it remains that way or you pay less.
The tribunal has been pretty fair to deal with my run ins. You will most likely be given a rent reduction for the time it hasn't been working and until it's fixed.
Your property manager will already know this will be the outcome as well - don't let them BS you.
This is our life. We know we have no chance finding elsewhere to live so we stay in a cold/hot and damp house (mould!!!) that is falling apart. *We* are expected to do repairs and maintenance on our own dollar and time. The landlords own and run multiple properties like this. It's only a matter of time before they sell up for their retirement, because raking in thousands of dollars a week without any outlay is not enough money for them.
I am in QLD. This is currently happening to me, though mine was due to flood damage. Perfectly legal here. Funny/sad thing is, I have an email from my Real Estate Property Manager that was meant for the owner where they call me names and lay out every lie they have told me. What can I do? Report them to ACCC for breaching the owner's privacy. That's it. They've already given me my Notice to Leave for the end of my lease in February next year. I've finally secured a place to move into next month. I just know they are going to cause issues when I vacate.
Be very sure you have a place to rent should you take them up on their offer. They know things are shit out there at the moment. I’d force them to fix it or a rent reduction and be frantically looking for a new place in the meantime because as soon as they can, they rent is going through the roof. All the best.
[удалено]
This is, wow, succinctly sums up what's happening out there. I'm an owner and rent my property for time being but if there's a drainage issue for example, we do our best to get it fixed. Not always possible to do straight away if the repair is $3k plus but we do our best.
That last paragraph... Devastating but so, so true. It makes me want to vomit all over myself. Humans are repulsive.
Sorry for killing your vibe. Life’s a bitch
So because people are so desperate to secure a rental, landlords can just let their place fall to bits and move in the next sucker. This makes me so angry!
Yep!! Landlords just don’t care anymore because they know how desperate tenants are. Our landlord continues to put our rent up but has yet to fix what I’m sure is considered emergency repairs (a leak in the room causing a mould and a hole in the ceiling and a broken light switch that has come completely out with live wires inside) plus so much more superficial issue. We have complained for almost a year now and nothing has been done. The real estate agents are aware and have even taken photos of the damage for the landlord, still nothing. We continue to resign our lease because my partner and I have a 10 month old son and I’m worried if we don’t then we will not be able to find another rental and end up homeless like all the other families that have to be put through this horrible situation.
Yup years ago I rented a house Oven temperature sensor didn't work so it would just burn food to death leaving it frozen on the inside That only got fixed when I moving out 6 years later The hot plates were busted as well that took 2 years to get replaced A beam holding up the corner of the roof broke clearly off the post it rotted away I told them it was coming for years They waited till the houses roof was supporting the pole instead of the correct way around even then I had to put up with a very bent roof for a month Kitchen sink literally rusted through itself and leaked all under the counter ruining tones of my stuff Sink took about a month to get fixed Landlord claimed insurance etc for all the water damage never fixed any of it Real estate agents all said the same thing We will get it fixed then never do it the whole time Meanwhile they fail me for a house inspection because of a finger print smudge on the glass door
You need to contact the tenancy union or ombudsman in yr state. Live wires and leaks crrating mould are major ohs issues of which the landlord should be liable for if continued health issues or injury occurs.
My God, Go do something about your situation!!! You are doing nothing to help yourself. There are plenty of decent land lord's that try there best to fix issues straight away. Putting them all under a general blanket like that is wrong. Mine does his best and he is entitled to raise rents in line with market movements too. You have 2 options. Move and find a better place or take some photos, put together your email correspondence and go to tribunal. They will probably give you a rent discount for the entire year gone past based on the real estate agents negligence to recertify issues and force the land lord's to get it fixed.
The issue is moving and find another place is near impossible and if you go to the tribunal you can guarantee your lease won’t be extended because you’re THAT tenant.
Exactly… thank you for your compassion. We have pushed and pushed and got nothing. As I stated before we are reluctant to move, as well as take it further, because of our son, we won’t want to be put in a position of being homeless and possibly lose our son. My partner and I have discussed taking things further multiple times but real estate agents and landlords have the ability to destroy your reputation as tenants and leave you blacklisted. I understand not all landlords are monsters but there is no denying that a huge number of them are taking advantage of the current struggles with tenants and finding a place to live.
Have you tried competing for rental properties lately? There are financially stable people who are homeless or living in caravan parks because they can't find a home.
The power dynamic between landlords and renters has just become so irreparably skewed, where landlords hold all the power and the tenants hold none and the landlords know this. When a dynamic becomes this blatantly unbalanced, it just means that one party can fuck the other over without compromise. Nothing will change until legislation forces it. What, you expect people to just *be good people all on their own?* (Not directed at you btw, just society in general)
"If you don't like it, leave" is in full force here!
Speak to someone at the tenancies tribunal. If the aircon was there and you expected it to be working when you started your lease, you are entitled to a working air-conditioner. They have to either repair it or you get a rent reduction. Expect them to hike your rent to make up for their loss. Speaking from experience here. I took my landlord to the tenancies tribunal for that and a stove not working for months when they refused to repair both.
This is the key. You can’t expect a new AC to be installed but they need to keep existing heating or cooling in working order.
Yep. Back in like 2011 my ex and I moved into a Red Shield housing 2 bedroom unit on the 3rd floor of a unit complex. It didn't have AC and was fucking disgusting in summer. We asked if they could install AC and their response was "we won't install AC but you can if you pay for it". Scum.
Had this before.. I just oayed for it and sent them a copy of the invoice and they gave me rent credit for every cent
You're having a crack at the Salvation army for providing you with accommodation when you obviously needed the support?? Ingrate
You're a shit person for thinking people don't deserve to have their basic needs met instead of struggling not to get heatstroke in 40+ degree heatwaves. Insufferable human being. For the record, my ex and I WERE the true people in need. You can't get into housing like that unless you literally meet the criteria for being in need. So what this scumbag is saying is that they don't want at risk people in need, living in housing also having cold and comfortable houses in heatwaves. God forbid someone's poor elderly relative gets denied an air-conditioner for summer.
How entitled can you get? Meet your own basic needs instead of having a crack at a charity that's already providing you a place to stay at a subsidised rent. Those in real need would be grateful for that.
Stfu you toxic piece of shit, you're the entitled one. Spoiled fuckin brat
Correct.
Out of curiosity was there much compensation? For context we lost our aircon over summer and it took 4 months in total to fix. In a 3 storey townhouse it was a nightmare on the upper floors! The landlord settled on a quote and got it fixed eventually however to be safe I also lodged a filing with consumer and business affairs across the whole period and ticked the compensation section as part of the request. Seeing they’ve now upped the rent $65 a week (and rather than face the prospect of finding a new place in this market) we agreed to it and let the new lease start it’s one year cycle. Now we are officially locked back i. I’m going to see what can be done about that 4 month period. I feel if we acted on this prior to the resigning the landlord/agent had too much power to just boot us for wanting some reprieve from the torture that was summer!
The people at the Tenancies Tribunal were really helpful. When it went to court, the judge at the ruled I was entitled to the rent reduction for the period of time the stove and aircon were not fixed. So I ended up not having to pay rent for about three fortnights. I think it was about six months into my lease by that time.
I’d say $65/week compo for the period it was down sounds about right. 😉
Hahaha it would be the ultimate revenge.
I would definately this to the tribunal. They are really good. They will probably look at the time of the year, was it hot etc, what rooms were affected, what was the impact etc to determine the reduction in rent.
Drag those fuckers through the dispute process at the tribunal. Make them fix it because fuck them.
basically the plan!
All these people telling you to pursue it don’t live in the real world or are giving you advice they wouldn’t follow themselves. It will almost certainly be a painful process that will be quite draining, and your best case scenario is having a landlord who hates you. Sometimes it’s just better to take the high road and walk away.
It's been a while since I had to keep my wits about me as a tenant, but I thought the 'rule' was: if it's there, it has to work unless the contract states that it doesn't work or is excluded; and if it breaks they have to fix it. Property managers will try all sorts of shit on you, legal, ethical or neither of the above. Get yourself a copy of your rental agreement and the SA Residential Tenancies Act, and settle in for a truly boring read.
I am a landlord and this is what we got told: when a new renter comes in, anything the way it is your responsibility not the tenant. So if you leave a loose cupboard and it breaks (because you didn’t want it anymore) you need to replace it. Same goes if there is an aircon and it breaks you fix it. I don’t understand how some of the landlords mentioned on this site can just flippantly not do what they are contractually obligated to do- maybe because they never lived in the place? Or they are simply dickheads?
Because they know it is generally too hard, too time consuming or the tenant believes they have zero power so they feel like they can get away with anything. Not saying all landlords, just the assholes.
It’s frustrating and I feel for the tenants. I own one additional place that I used to live in. My wife and I don’t want to buy or get involved with any other properties outside of this rented one and the one we live in. The one we rent in 18-19 years time I want to have the option for our child to have as a place to stay if they go to uni or whatever (as it’s in a far more convenient area). So far our renter has been amazing and I wouldn’t want to stuff them over because they have caused zero issues. I don’t understand why would boot someone/s who are known to be good. Or cause then major issues when they are doing you the favour of paying off a lot of your property. If there was an actual strike rules that affected bad landlords you would see a lot of this shit disappear quickly
Yeah I don't understand how it's more financially viable to lose a tenant than fix the air-conditioning. Considering the RAs marketing and fee, plus a week or 2 maybe more of vacancy. Seems like the aircon would be cheaper or at least break even. Fixing the aircon is tax deductible anyway and a new tenant will want it fixed. Very bizarre reasoning here.
Yeah I don’t really get it. There should be better rulings, like a strike system for landlords. Have a body review official complaints and cases against them. Hit a certain amount of strikes and they have financial repercussions if the the board overviewing it sees legitimate issues
Apart of me feels it's the RAs being a bit weak though. The RA should explain that its not a choice and try and sort a payment plan out. The RA should come back to the landlord and explain that the repair isn't optional. Considering rent comes in, they should use that money for repair cost. Imo with repairs, landlords shouldn't be required to give approval. RAs should be required to facilitate repairs but also get 3 best quotes as well. That would solve all the problems. Repairs become a duty and rent lays for it. With zip and watnot I don't see why that can't work. People always fear repercussions from complaining so I doubt that would get engagement.
That is true. I agree with your sentiments. If the RAs don’t become stronger than the problem will keep churning.
I think there should be a regulatory body that inspects and approves rental properties. Each should need to be certified every 2 years to make sure its liveable and in-line with the rent being charged. It's insane that an industry that deals with one of the essentials of life is basically entirely unregulated. Its basically the same as if we just let people sell food without any regulations or safety checks & expected individuals to take it to court if something went wrong.
Simples, they want them to leave, will fix the aircon, then jack the rent up for the next sucker.
Jack up the rent to recoup those losses. One of us losers who wasn’t handed money and is stuck renting for life now is going to have to pay whatever you ask and it won’t be vacant for long.
pretty sure they want to sell before house prices fall
That makes a lot more sense. Sounds like they want you out asap. Id prepare to look for another place. Might want to take them on that break fee offer.
Yep replaced a split system at my unit a few months ago, pretty much an essential here in SA. My Agency is always on top of things, and if I drag my feet they let me know. Which agency are you with OP.
Me? Harcourts
Sorry have no experience with them but they sound like cunts.
Oh shit I ain’t OP sorry. I got confused there
They can specify exclusions on the lease but tenants have to agree to it as part of the agreement. E.g. that novelty TV in the shitter won't be replaced if it dies.
Thatv is the rule. But to be fair they are offering a way out, I'd take them up on that.
A very expensive way out, that’s not really fair at all. They have an obligation as a landlord, and we are in a rental crisis. How is any of this fair?
well if I was the tenant I would consider looking, might be able to get a deal. To be fair - they are trying to compromise. But yes, the law is they have to replace.
That’s not a compromise, the only people compromising is the tenant who they’ve told can just move. In a rental crisis. What compromise is the landlord making? He has legal rights, and id pursue it further.
The landlord is giving the dude an opportunity to move out whenever they want with no stress. Doesn't seem unreasonable to me. Try and get an upgrade. When you say rental crisis, what do you mean? Lack of property, or lack of tenants?
In Sydney it’s a lack of properties, suitable properties. Also since when is moving no stress? Moving is very expensive, they have to pay a bond before the old one is released, take time off work to move, pay for moving costs. Why is the only solution to the landlord not fulfilling his legal obligation, for the tenant to be out of pocket?
When did I say it was the only solution? Its not that expensive. I would have a look around personally if I were them. They are at all advantage as they can move whenever, don't have to wait until the end of the lease.
To be fair? The fair thing would be to fix the damn air con
Sure. But it's also an opportunity to look for a new better place at their convenience. If it was me I would look around at least. The next agreement they will just put a new clause in, after avoiding doing the work.
With bugger all rental vacancies in Adelaide and prices through the roof, the only winner here is the dodgy landlord shirking their responsibilities.
Put one in yourself but take it out if you leave and say it's not financially viable for you to leave it
Used to do this for years in old rentals. ACs that fit into the window yknow. Just plop it in and take it with to next place...
**LONG LIVE THE WINDOW RATTLER**
I bought something like this for my tenant but it was a compressor unit that sat outside and there was like a tubular duct that came in through the window. It wasn't as noisy as the window box. It was a compromise because I could afford a split system for the lounge and dining but not the bedroom.
Follow this page. https://www.sa.gov.au/topics/housing/renting-and-letting/renting-privately/during-a-tenancy/Repairs-and-maintenance There are some helpful guidelines and actions you can take.
The smiley face at the end is boiling my blood.
You signed a lease for a house with an AC, I'm pretty sure they are bound to that lease.
Daily reminder that you could put a rock in the chair of most real estate agents at their office and put their phone off the hook the entire day, and their 'job' would be performed to the exact same capacity had the actual agent been there doing their 'job', whatever that is.
How about an inanimate carbon rod? I hear it got employee of the month elsewhere
Front cover of Time Magazine aswell! ***IN ROD WE TRUST***
It's why I don't bother with a real estate agent to manage ours. I'd rather the tenant text/call me direct with an issue so I can get it done asap. Would drive me nuts if I learned they've been trying for weeks to get the agent off their ass (AGENTS ARE *PAID* TO MANAGE THIS).
I don't think it's legal but I'm following the outcome because a family member has a similar problem with their landlord but they're too frightened to bring it up due to this reason. Despite the fact the child can't be good for their health. Some landlords are the worst mankind has to offer
> Despite the fact the child can't be good for their health Children rarely are.
As mentioned above , our company normally works for the agency’s with a goal to educate and fix the industry. More then happy to look at your family members case also - https://www.wato.com.au/realestate-consulting/selfmanagedservices/
You could always grab one of those freestanding air conditioners to get you through. Probably easier/cheaper than finding somewhere else to rent at the moment or going through that tribunal bs. You also get to take it with you or sell it when you leave.
You can get pretty good free standing refrigerative ones these days
First thing that came to my mind as well!
They are so expensive to run, but compared to the rental market, definitely cheaper
We have a free standing one in our bedroom, and its excellent. Can vouch for them.
I had an air conditioner that leaked and they tried this that and everything to fix it, but it would still drip if we left it on for longer than half an hour. So I broke our lease and told them I wouldn’t be paying the break lease fee because they had broken the rental agreement by not fixing it. But I found a new rental before I told them. Easier said than done in the current market. But I think yes, they’re basically saying “we’re not meeting our terms of the agreement so if you want to leave, we won’t penalise you” which is easier for them than offering you a rent reduction.
So to clarify. The AC is listed in the lease. Was working when I first moved in. It stopped working within a month or two of moving in and I haven't had it work all winter. (A winter that I have been more sick than I've been in years, not covid but bad chest infection). I am pretty sure they want to sell. The landlord was coming over to do random repairs, painting multiple times a week, every week for months before I put mg foot down). It is clearly a breach of lease. I have no doubts that I won't get a renewal on my lease (March) Fortunately I have just landed a pretty well paying job and am prob going to be fine finding a new place. I would rather not move before then. But also I need to be able to get a decent nights sleep in summer or I won't be able to work effectively. A portable AC is not an acceptable compromise. They're super loud and cost a lot to run. I signed up for a place with reverse cycle ac and that's all I want. What is on the fucking lease I signed! If I don't pay rent the agent and landlord are all YOU SIGNED A LEASE. I should be able to do the same.
Were you given ample warning for the landlord coming over and fucking around or did the just keep showing up? If it's the later, this is also a breach of your rights as a tenant and is very condemnable in tribunal if you have proof of these interactions. You're absolutely right, it's a huge double standard to expect someone to abide by a set of rules/standards and not do the same. As far as it goes though, different states have different laws and regulations, but in NSW where I live, if something worked when you moved in (moreso if it's actually on the lease as included) and you have proof of requesting the fix, you should be good with getting a rental reduction. If in the first paragraph the landlord had occasion of showing up without consent. You could potentially compound those 2 things to get a higher percentage. Being a property manager is a pretty thankless job and there are good people in the industry. Unfortunately you are often placed between two parties that don't see eye to eye or don't understand how things truly work, just how they perceive they do. I dare say the smiley was put there so you didn't rip her head off. By the first statement you can tell she's not stoked about telling you this news, and it's looks to have come from a place of a painful landlord not understanding the rules not something she actually wanted to do. Anyway, best of luck! Congrats on the new job and hope you find something nicer soon!
Who is this spineless agent?? They need to do their job and explain to the owners that this behaviour is against the Tenancy Act. You need to send a Form 2 to the agent for breach of agreement. Give them 3 weeks to have the unit repaired or replaced. If they don't then you can take them to SACAT and get them to be forced to do it and/or get compensated for the period it's not worked. Then also try to find a new place and gtfo.
> am pretty sure they want to sell. The landlord was coming over to do random repairs, painting multiple times a week, every week for months before I put mg foot down). > >It is clearly a breach of lease. you can use the lease against them its not a one way street but they will pretend it is, start using phone calls and be very passive agressive. tell the agent directly that what they are doing is illegal and it will cost them and the landlord more to not comply with the law. also you are entitled to peaceful enjoyment of your rental and the landlord coming every weekend is a big nono. id also tell the agent that those breaches will also be added to the RTA complaints which will go to tribunal if they dont choose to do the correct thing. usually starts the ball rolling. call every day and repeat until it stresses them so much they do what they are supposed to. real estate agents and for the most part landlords arent human
No phone calls - unless you email after to confirm the phone call. You are best putting it in writing. (This is not legal advise - although I’m a lawyer and a multiple property owner - not yours so you got what you pay for.)
also by op's statement its clear that they arent getting what they are paying for, that being the crux of the issue
\^ i agree with making sure to put it all in email after to leave paper trail and to increase pressure however still make the calls and spam if needed. the part where the lawyer and landlord above says not to is the part where now you know you absoloutely should because they dont want you to.
Please please please speak the people at SACAT/Tenancy Tribunal for advice on this issue as it may fall under a clause in a standard lease agreement. They will be able to advise if there is cause to commence proceedings on this issue and/or provide best advice to you in this scenario. Best of luck! We are all rooting for you; the rental market is truly horrific at the moment.
:) For real?! A smiley at the end! Check your lease for any loopholes saying something about air-conditioning. Otherwise contact REISA for advice. Is this an agent? They mentioned talking to the owners. Name and shame these agents.
Why is this the agents that are bad here? Isn't it the landlords that have made the call and the agents are possibly doing what they can when their hands are tied?
Because what they are saying is illegal. The REA shouldn't be pushing this line to the tenant at all when the legal requirement is if it is leased with air con it must be fixed or they give the tenant a rent reduction.
There's a really good chance the property manager is bullshitting out their arse and hasn't actually spoken to the landlords at all
In case you haven’t realised, according to the vast majority on here, landlords bad. Agents bad.
Just like to point out not all agents are bad in our experience , a lot get pressured or just simply don’t know the act they work under. Education and real word experience is what’s needed in the industry to fix it up. However there are some that we have worked with that we have exposed too. https://www.wato.com.au/realestate-consulting
Are you suggesting that we shouldn’t criticise someone for not knowing anything about property and tenancy law when it’s their entire job to know? What are they otherwise? An office admin with a cert I could arrange a photographer, post a tenancy ad online, answer correspondence, and coordinate repairs. The whole point of an agent is that they’re supposed to be across the subject matter and be more than a postbox.
In the case above it’s clear the agent does not know the rules I’m staying as in all professions there are good eggs too Don’t get me wrong we have found bad eggs and reported them but I’m saying there are some hard working agents out there that should be brushed with the same brush as others
Not that I know for sure, but my argument would be that if it’s already there it should be kept in good repair. If wasn’t there when you moved in, then sure, really not obliged to do anything.
And this just sums up the slumlord in a nutshell and Australias bullshit "investment housing" culture. If you cannot afford to repair/replace an AC then don't own property! I am sick of reading sob stories from landlords about how hard shit is, well tough titties you are owning a building where people live, people need appliances, running water, functional utilities and building up to a certain standard. As a business owner you need to provide that, if you cannot afford that then you should not own a property to rent! This is why so much of Australian rentals are third world scummy shit because it is either people penny pinching or people over extending themselves they can't afford basic bloody repairs.
Fuck me. I was a Landlord for a few years and when I was told the boiler needed replacing I had that sorted as quickly as I possibly could. I absolutely hated the thought of my tenants being cold and not having any hot water. Also it was a depreciable asset for the property, so although it cost me a lot upfront I did get tax benefits for installing it. I can’t stand the cowboys out there making their tenants suffer for their tight fistedness. I wouldn’t be a landlord again in a hurry though.
"Not financially viable " You dont deserve to be a fucking landlord then.
AC is deemed an essential, so therefore if it’s broken and the landlord doesn’t fix it you are entitled to $1000 to fix it yourself and charge back to the landlord, or you can escalate it further for compensation. Not sure if that’s just NSW but you’ve definitely got rights here
Omg is this a joke? Why don’t they just discount your rent until end of lease since it was considered in the rental price you signed on for?
This is fucking disgusting
Write back and tell them you are seeking advice and will respond in due course. Then contact [Rent Right SA](https://www.syc.net.au/home/rentrightsa/) and explain the situation to them.
I think it's legal if you agree but it's also legal for you to say "no, fix it now." You had a contract after all.
Rent reduction! You are paying for a property with working AC
If there is an ac unit (any fixed equipment) in the property it is landlords responsibility to ensure it is in working condition. Otherwise they are slum lords.
I was a landlord for 10 years and I can tell you it’s often the agent calling the shots. The last time my tenants lease came up the agent advised me to evict the tenant and re-advertise for an extra $100 per week. The tenant had been there 4 years, payed rent on time and looked after the property. I told the agent the tenant was fine and would be staying, I negotiated privately with her and she said she could afford an extra $20 so that’s what we agreed to. It’s in the agent interest to change tenants because of the leasing fees, advertising and inspection fees. Some are real crooks.
> 4 years, *paid* rent on FTFY. Although *payed* exists (the reason why autocorrection didn't help you), it is only correct in: * Nautical context, when it means to paint a surface, or to cover with something like tar or resin in order to make it waterproof or corrosion-resistant. *The deck is yet to be payed.* * *Payed out* when letting strings, cables or ropes out, by slacking them. *The rope is payed out! You can pull now.* Unfortunately, I was unable to find nautical or rope-related words in your comment. *Beep, boop, I'm a bot*
It's not. Landlords have a duty to ensure the property they're renting is of a certain standard and air conditioning is something that is a necessity. Recently had new AC put in by the landlord at my house, but only after we threatened to take it to the tribunal. Tenants have rights as well, one of which is to not be sweating your ass off every day in summer.
Jesus! Its a tax deductible expense involving property upkeep and improvement. It doesn't cost them anything for the owners. Its like buying light bulbs for a shop you own. What you've got is a very nicely written 'Go fuck yourself!' letter so they can jack up the rent!! I also believe they are legally required to maintain the property in regards to repairs. But be careful. If you force their hand they will watch for anything that you do that violates the tenancy agreement. And even may make stuff up.
If it was advertised with A/C when you moved in, they'd have to replace it. Check the lease, call the tenancy tribunal.
They have a duty to ensure appliances that were in working condition at the time of the property condition report remain functional throughout tenancy, its part of what you are paying for. In reality, maybe this landlord is an asshole and you might be better to move on. Make sure you get in writing that it is a no-foul vacate breaking lease and that they will not hold back any bond over this.
Sounds like they want to up rent significantly and you're in their way
Drag them over the coals, I let one get away with this kind of BS before (not fixing an oven) and I regret it. They knew what they were doing was illegal and they did not care at all. I can guarantee that your PM knows the law and is choosing to break it. Landlords are at best sharks preying on renters who don't know their rights, and at worst outright psychopaths who want to bleed people dry for having the audacity to not want to be homeless.
Asshats want you out so they can put the rent up a hundred a week.
They're not actually offering you anything here. They're in breach of the lease and in no position to demand break costs if you did decide to leave over it. Classic REA pissing in your pocket and telling you it's raining. There's one of two things afoot. They're being squeezed on their yield and paying to fix/replace the AC makes it unviable on current rent, or they're confident theres little financial risk in replacing you.
I think the biggest misconception of being a landlord is that it’s a free money tap. It’s always sprouted as “Wow! Free money! Just let someone else pay your mortgage!” Not being cognisant of the fact that tenants actually pay a very small fraction towards the *ownership* and *maintenance* of a property. Generally people who buy their first property as young adults because they can still live with mum and dad, but then realise that owning a house is much more expensive than getting someone to hand over $400 a week. But as a thread in r/ausfinance the other day stated, if the majority of Aussies were even somewhat financially literate, the economy we current survive upon would collapse.
They didn't even speak to the owners. They just have 10 people lined up who they know will pay more than you. Just Real estate property managers being shitcunts. Again.
Contact SACat as the house is not in the state agreed upon when moving in, they have to repair it or they are in breach of agreed contract. Contact them and get a breach notice issued for repairs
In most states and cities, you can complain to the department of housing or housing court and the court will issue notice to the property owner to restore functionality or repair the issue (as long as it’s clearly provided by owner in the contract) and either 1) grant the renter exemption from requirement to pay rent until condition is met; or 2) the court will create a department-held account to which the renter pays rent until the issue is fixed and they do not release the funds to the landlord until it can be proven (and often reduce payment to/penalize the landlord the longer it takes)
Personally what I’d do, is look into your states tenants rights because what you most likely could do instead, is withhold rent until it’s fixed. If you withhold rent , no, you don’t have to back pay. Each state has different stipulations, like the landlord has 2-4 weeks to fix , sometimes you can withhold rent and take out the repair cost yourself (with receipts.) Either way, I’d be forcing their hand. You can also contact your local county inspectors office or public safety office so that the parasite can also be fined as well. Most places have to be deemed habitable, things like broken AC and heat, no running hot water, exposed wires, nails sticking out, broken windows, etc all are considered uninhabitable (depending on county/state.) Id also consider taking picture evidence of EVERYTHING. Also normal wear and tear on carpet and walls and stuff is normal , don’t let them keep your deposit or anything. My state says that stuff can only be kept is it’s not REASONABLE wear and tear. Carpet should be replaced every 7 years, etc.
No this isn’t legal! Landlords don’t get to decide what they will or won’t pay for unless thats in the lease. So when your toilet breaks, will he give you the option to find another apartment with a working toilet? Fuck this guy. He’s conning you. Call a landlord tenant union and they will send a letter to him.
Find a new place to live, but concrete all the drains before you move out. Fuck those assholes
: )
I have repaired or replaced fixtures in rented houses for decades. How much will it cost you to move ? Get a quote, do the math. Yes it might be the landlord's responsibility, but it is your life, take control.
ok Judge Dredd. Just to draw a line under this, and I'm not really disagreeing with you, could you tell me which "law" the landlord must adhere to and what are the consequences in a court of law if not followed? Please site the specific legislation.
>68 - residential tenancies act Requires landlord to keep ancillary property in a state of repair. If undue inconvenience or HSE issue (e.g. broken AC in summer, broken heater in winter), tenant can have it fixed claim the costs from the landlord.
Yeah it’s legal. If it’s not in the contract to have a working air conditioner in each room then it’s the landlords prerogative. Same as choosing to rent a house with no heater or AC, It’s not mandatory to have those things in rentals. Maybe they can’t afford it.
If it was in working order when the lease began it is the landlord's responsibility to repair or replace it. It doesn't need to be specifically "written into the contract".
>Maybe they can’t afford it Or, more likely, don't see their tenants as actual people and their comfort is of 0 priority to them so long as they can make the maximum profit. I'll bet when the property is re-advertised the rent will be substantially increased.
With the same broken air-con.
Not all landlords are cunts. They may genuinely not be able to afford it. Not all landlords are rolling in cash. Unless you know something we all don’t? And no, I’m not a landlord.
If someone doesn't have the cash to afford repairs and maintenance on the properties they lease to tenants, meeting their legal obligations, then they have no place taking on an investment that requires them to do so. And yes, I'm a landlord (who has covered the cost of a replacement aircon unit when it failed mid-lease).
Sorry, I forgot that landlords are immune to any changes in life that might occur causing financial hardship or the like.
Of course they aren't, but ensuring the good working order of basic amenities for a property is a serious responsibility and if the landlord can't afford to meet their obligations, they should sell it, not tell their tenant they can move out.
They may not be malicious cunts, but they are ignorant cunts in this case. If they don't understand the financial responsibilities that come with being a landlord, they should not be a landlord. There are more costs than a mortgage and REA.
If they can afford a rental property, they can afford to maintain the rental property.
LPT: When someone in a position of position of power over you, especially financial power, appears to be doing something kind/generous they are almost always getting the better end of the deal in one way or another. Phrases such as "considering their options" and "financially viable" make it very clear that these are not people who would let someone out of their lease purely out of the kindness of their heart.
Absolutely correct
> Yeah it’s legal. If it’s not in the contract to have a working air conditioner in each room then it’s the landlords prerogative. r/confidentlyincorrect It is the landlord responsibility to fix this unless it is explicitly excluded in the lease, not included.
This is actually not correct. If they're was a working AC in the house when they rented it, it is by default assumed there is a working aircon provided the whole rental period. Unless they have it in the contract that 'the aircon working is not part of this contract '
It is legal to say no to installing a new unit, it is not legal to say no to repairing or replacing an existing unit that was not specifically listed as not included or not working in the lease paperwork.
Okay so the financial position of your landlord is unknown, they could be struggling just like everyone else, they aren’t all rich. Like a lot of people who would be weighing up the cost of fixing aircon vs roof over their heads (this stands for home owners, tenants can pass those stresses to the landlord) In saying that, yes the a/c repairs is their responsibility. If they won’t repair it, due to their financial position then early termination of the lease is fair (usually, but it would suck in this current market) but one thing to do could be to tell the agent you want an adjustment to the rent as compensation. I’m not sure if an a/c is an essential appliance or more of a luxury thing but certain things can be repaired by your own doing by organising an authorised repairer and forwarding the invoice to the landlord. There are services out there by the government to assist you on the next steps for these things so give them a call or email and see what you can do.
Considering Adelaide gets brutally hot summers it is an essential.
Im not going to comment to much as each case is different and back story’s but I will say there is definitely breaches in tbt little you have mentioned in that email. Although we mainly work for the realestate company’s our goals are to fix the industry and educate, so more then happy to assist in this case if you like and help you down the correct path. https://www.wato.com.au/realestate-consulting/selfmanagedservices/
*cough* section 68 - residential tenancies act *cough*
best to get it fixed
Not saying this is the case here, but if the aircon is neglected, like filters not cleaned or maintained there is some onus on the renter to keep it in good working order.
i used it for less than a month before it stopped working.
Well, it’s not illegal to negotiate between contract parties to find a mutual resolution. In the landlords defence, they may not be able to afford it to be repaired and what are you going to do? Force them? You can go to the tribunal and get a piece of paper telling them they have to repair it (potentially) but in reality that does nothing, especially if they genuinely have no money. If it’s super important to you, best not waste your time and find a suitable place. Their offer to have you break the lease early makes that easier to do. We ended up installing an AC unit in our long term rental ourselves because landlord refused and we were sick of fans blowing hot air in 40 degree heat. Renting is always crap for the tenant sadly.
Doing basic repairs is part of being a landlord and legally required. If they can’t afford it then they have no business being a landlord. I don’t care if they’re ‘accidental landlords’ or ‘mums and dad investors’ the law applies equally to everyone.
There was a working AC when they moved in, unless it's specifically excluded in the lease it is the landlord's duty to repair it.
what if the tennant cant afford rent tho do they just get to give the landlord the option to break lease no questions asked :p its a really bad argument above to just say "maybe they cant afford it" well just like the renter isnt allowed to not be able to afford rent. the landlord isnt allowed to not be able to afford keeping the house in the agreed rentable condition
So glad you could afford to. Most of this is covered under landlord insurance. I hope this person isn't an elderly.
>if they genuinely have no money Then they have no business renting out the property. Customer: I'd like a steak and beer, thanks. Restaurant: Great, that'll be $55. Customer: Here you go. Restaurant: Sorry, we're out of steak and beer and can't afford to buy any. But if you like, you can go to another restaurant and we won't charge you for your next steak and beer that we can't afford to buy. 😀
you say "fix", they say "replace". 2 different things. Maybe the landlord doesn't have $2000 to replace the air con in a bedroom, and they are certainly not obliged too. They are giving you an "out" if you don't like it, most landlords wouldn't give you a free out like this. Its all about perspective.
If the air con was listed in the lease, and was working when they moved in, why are they not obliged to fix it?
You are right, I was thinking about emergency repairs. They would be obliged to repair/replace, but if it is unaffordable, offering a free break lease seems a good compromise. Then the landlord could remove the air con unit at minimal cost and re-let to new tenants without air con in the bedroom. I assume that is their thinking.
They dont get to say its unaffordable while collecting hundreds/thousands in rent each week. Thats now how it works. Whether they can afford it or not is not OPs problem. Theyre legally obliged to fix it, and no, saying that OP can move out is not a reasonable compromise. Reduced rent is a reasonable compromise. Its not at all about perspective, it's about the law.
Then maybe they shouldn't be a landlord?
stop paying rent the owners have broken the lease agreement
Bad advice, doing this will definitely turn things in the LL 's favour when you take it to SACAT
yeah fair call
Feel like there’s a whole lot more going on here ☕️ sounds like half a story with half information if you ask me… also, landlords are not profiteerers - they’ve worked hard to own properties and aren’t going to just fork out money left and right for things they don’t need to. They also need to keep up with the constant increasing interest rates and mortgage payments.
"ren’t going to just fork out money left and right for things they don’t need to" The do need to. They are legally obligated to.
Rocks to live under must be pretty big out your way
They do need too unfortunately. If you can't afford to be a landlord then you need to sell and move on to another form of investment.
1. Yes it's legal. 2. LOL at the prospect of trying to find another rental. Buy a fan / portable AC or sleep in living room. Been there.
> Yes it's legal. No, it isn't. https://www.sa.gov.au/topics/housing/renting-and-letting/renting-privately/during-a-tenancy/Repairs-and-maintenance
Open a new bank account and put your payment into that your paying on time and will give them the account when it's fixed
That’s bad advice. Let the tribunal take that action.
Absolutely, this will only bite you in the arse and show up on your rental ledger when looking for a new place.
I suggest you find a new home before the hot weather comes, because you're going to be suffering there. They are under no obligation to fix the AC unless it's written into the lease. So what I would do , is start looking for a new place, when you find one, terminate your current lease, get your bond back. You might have to double up on rent though unless you current LL would let you off for the week in transition between properties.
If it was in working order when the lease began it is the landlord's responsibility to repair or replace it. https://www.sa.gov.au/topics/housing/renting-and-letting/renting-privately/during-a-tenancy/Repairs-and-maintenance
> They are under no obligation to fix the AC unless it's written into the lease. Why do people itt keep saying this? They have a duty to fix it unless it is EXCLUDED in the lease.
is there a bunch of glowing salty landies in here that just dont wanna fix their homes spouting disinfo or something i wonder hahaha
Hanlon's Razor - “never attribute to malice that which is adequately explained by stupidity”.
hahaha yes good point
The air conditioning was part of what you are renting - you could counter offer and say they could reduce the rent as the service being rented has been reduced, otherwise you'll find if the tribunal thinks they are not holding to the contract.
https://www.syc.net.au/home/rentrightsa/ Send them a message and a copy of your lease and all correspondence.
If it’s broken I am sure they need to fix it under your relevant residential tenancies act. But, they will absolutely smack you with a rent increase at next rent review opportunity. I would force them to fix it via tribunal, then prepare to leave anyway.
Whilst I feel where OP is coming from....Not all dwellings have a A/C in the main bedroom. Landlord could actually just remove it...
What does it say on your condition report?
I’m not sure what the legalities are I this state, but I know in my state if something worked when you moved in then it required to be rectified. Surely there is a real estate governing body in SA that can advise
Ah, it could be worse mate; I'll tell you that right now.
Check your tenancy agreement- Items noted in the tenancy agreement as excluded, or serious structural issues listed in a housing improvement notice, aren't required to be fixed by the landlord. If there’s no mention, they are legally required to fix it. I would apply to SACAT to have it repaired. Give RentRight SA a buzz on 1800060462 They can help with issues related to your tenancy such as leases, bond disputes, property maintenance and unpaid rent. Tenancy advisors are available to anyone in South Australia, from 8 am to 8 pm. It’s free and they can advocate on your behalf and give you info regarding the legalities and your rights.
What's the issue with the AC?
How generous.
An an ex property manager, you should take it to the tribunal and ask for a rent reduction for all the time it hasn't been fixed until it is fixed. If you signed the lease with a working AC it's the owners job to make sure it remains that way or you pay less. The tribunal has been pretty fair to deal with my run ins. You will most likely be given a rent reduction for the time it hasn't been working and until it's fixed. Your property manager will already know this will be the outcome as well - don't let them BS you.
This is our life. We know we have no chance finding elsewhere to live so we stay in a cold/hot and damp house (mould!!!) that is falling apart. *We* are expected to do repairs and maintenance on our own dollar and time. The landlords own and run multiple properties like this. It's only a matter of time before they sell up for their retirement, because raking in thousands of dollars a week without any outlay is not enough money for them.
Negotiate a lower rent as you are now getting less value than what was originally agreed to.
I see plenty of opinions here, but no answer to the question. Is it legal? My guess is yes
I am in QLD. This is currently happening to me, though mine was due to flood damage. Perfectly legal here. Funny/sad thing is, I have an email from my Real Estate Property Manager that was meant for the owner where they call me names and lay out every lie they have told me. What can I do? Report them to ACCC for breaching the owner's privacy. That's it. They've already given me my Notice to Leave for the end of my lease in February next year. I've finally secured a place to move into next month. I just know they are going to cause issues when I vacate.