Perth Real estate - renters taken for a ride ?

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Reflex Films
Reflex Films
WA
1463 posts
WA, 1463 posts
14 Dec 2011 1:13pm
Perhaps some crew with real estate experience can chime in here on a real world case i am giving some moral support on.

i have a close relative that has been renting a property for a year

A nice lady who takes pride in a property / gardens and asks for maintenance as and when the need arises -

3x1 - unit / duplex - northern suburbs of Perth $380 per week - signed on a year ago when Rents were around $350 - 360 for similar - on the verbal promise of a long term rent (i know - never take an agent on a verbal promise)

1 person in the unit (less wear and tear than a shared set up)

Rented as heated / aircon

Had multiple issues with maintenance not attended to in a timely manner

1.Reticulation not working - took 6 weeks to fix - tenant had to replace sprinkler heads at own expense.

1a.Gutters not maintained as per contract - water seeping in to gyprock ceilings

1b.no keys supplied to open window locks for 6 weeks - unable to ventilate property in summer

2. Aircon not functioning - took 6 months to replace ( a whole summer no aircon)

3. No key to allow back door to be locked - 6 weeks

4. Smoking downlight contacting insulation - 2 months for attendance to issue - no fire dome attached - just moved insulation. After 1 year fire dome arranged to be replaced - but still not in place

5. Blocked drain in shower - 6 weeks to attend to issue

5a. Damp from shower crossing in to cabinet - not attended to despite multiple requests. Mould / smell emanating from cabinet

6. Renter arranged old gas appliances (heater / oven)to be exchanged via government swap program- manager / owner managed to delay replacement of Gas heater and sabotage replacement of Oven.

7. No functioning heater in property from Jan to the end of july - 4 ft flames coming out of old gas heater when ignition attempted - eventually replaced via government program

8. Manager / owner insisted on placing a vent in wall where old heater was removed - old heater used asbestos flue - which was disintegrated during removal - vent to wall cavity filled with loose asbestos particles / fibers. 3 months left unattended

After multiple requests for issue to be sorted renter has taped and alfoiled ventilation duct - now zero ventilation in room.

9. Oven (the one that was going to be replaced by govt program for free sabotaged by owner / manager) goes out

leaking gas

- Gas co / govt program reluctant to replace due to verbal abuse from manager / owner


Oven unusable for 2 weeks now - still not replaced.

After all this - owner / manager have decided that $50 rent increase per week is in order. $380 rent now boosted to $430 per week - no negotiation - take it or leave it.

Similar properties renting at $390 to $400 based on research of 7 similar properties in area - yes the rental market has tightened in Perth - welcome to the boom

Of course there are 2 sides to every story - property manager saying that its not a personal decision - simply getting the most from an investment.

I had heard that it is a good idea to get a good tenant in long term with investment properties.

Rent never late - manager argues that the tenant was difficult due to constant maintenance requests - i suspect the rental increase is hardball tactic to remove tenant - is this legal ?

Some maintenance delays explained away as "no money in trust fund account" - is this acceptable / legal ?

Does the owner / manager have a case to answer to for rent charged on a property where the property is incomplete- or even systemic property mismanagement ?

busterwa
busterwa
3782 posts
3782 posts
14 Dec 2011 1:45pm
Wow im glad i dont rent.



For 380 a week she could move to the outer burbs and purchase a new home. Why pay of someones elses morgage?

Reflex Films
Reflex Films
WA
1463 posts
WA, 1463 posts
14 Dec 2011 1:57pm
yes - moving is always an option - not sure about breaking the agreement though - doesnt that place the renter on the foul side of the contact ?

typically it costs $1500 to move when you factor in new connection fees / removal van hire etc etc etc - not to mention the double rent overlap as its nearly impossible to get rental agreements to bookend with each other on the same week

Check out the army of miserable movers on any given weekend in your suburb - the wagons with beds on the roofs and Barbies in trailers - this endless shuffling from one property to another seems pointless.

Keeping in mind the large cost to the renter of moving - Can and Should owners / managers be made to me more accountable when they really drop the ball ? Should the small claims tribunal come into play ?
evlPanda
evlPanda
NSW
9207 posts
NSW, 9207 posts
14 Dec 2011 5:01pm
I'd try the rental bond authority, or whatever it is in WA. Almost definitely the owner has to answer for something.

Renting is hit and miss.
lotofwind
lotofwind
NSW
6451 posts
NSW, 6451 posts
14 Dec 2011 5:44pm
Im probly wrong,,it happends sometimes but I think there is a limit (leagally) that they can increase rent by per year or 6 months.
I thought it was $15 or $20????????????????

In my years of renting its usually goes up by $10,,when they feel the need.If its anything to go by, they have increased my rent by $10 twice in 4 years.
Mobydisc
Mobydisc
NSW
9029 posts
NSW, 9029 posts
14 Dec 2011 6:58pm
I think she should move. Her landlord and property manager sound like arseholes. I have some rental properties including an old house. Because it's old it needs maintenance. So if something needs to be fixed I fix it myself or get a tradesman in to fix it. I think renting is a two way street. The tenant should pay the rent and not wreck the place. The landlord should ensure the place is habitable.

choco
choco
SA
4186 posts
saltiest1
saltiest1
NSW
2575 posts
NSW, 2575 posts
14 Dec 2011 8:42pm
i agree. get out of there but definately call REIWA and have everything in writing. stick it to them!
lotofwind
lotofwind
NSW
6451 posts
NSW, 6451 posts
14 Dec 2011 8:50pm
6 months waiting for repairs??????
They should be reducing the rent in compensation, but, good luck with that.
bobajob
bobajob
QLD
1535 posts
QLD, 1535 posts
14 Dec 2011 7:56pm
Mobydisc said...

I think she should move. Her landlord and property manager sound like arseholes. I have some rental properties including an old house. Because it's old it needs maintenance. So if something needs to be fixed I fix it myself or get a tradesman in to fix it. I think renting is a two way street. The tenant should pay the rent and not wreck the place. The landlord should -Must - ensure the place is habitable.



The rental agreement is a lease contract that works bothways. As long as there is a copy of the email trail of the repeated requests for service it shouldn't be too hard to break the lease.
Ted the Kiwi
Ted the Kiwi
NSW
14256 posts
NSW, 14256 posts
14 Dec 2011 11:12pm
Has the rental agreement run out? In NSW when they do it's a 3 week exit process on both sides. If the agreement is still in play then I would not think that they could put the rent up until its over. So perhaps that is what they are saying - that it will go up when it expires if she wants to stay.

It also could be the agent playing games as they have not done their job well - covering their asse.

In Sydney rents are still mad. In Manly a mate f mine was telling me that he turned up to rent a joint for $460 and 30 others were keen so it went to a bidding war and the owner got $520 for it in the end. Madness. Glad I do not live there anymore.

Or the owner is just being a jerk. My mum loves long term renters - she is scared of putting their rents up in case she offends them or they decide to move on!
Simondo
Simondo
VIC
8025 posts
VIC, 8025 posts
15 Dec 2011 12:08am
Yep, bad landlord.

We had a 4 bedroom place (almost) right on the beach between Nth Steyne & Queenscliff, in Manly. We ended up with a 10 year lease.... 1 year leases were re-signed ever few years. I was there from years 3-8 roughly. The house was "Melrose" at 28 Pacific Street Manly. Fun times.

We had nearly every one of those probelms at some stage... it was an old house... But we had 2 plumbers (at least 1 plumber through the entire journey). The plumbers had tradie mates. All problems sorted in no time. We sent the occasional bill to the owner's mum. Owner lived overseas. Owner was the brother of a very famous Aussie actor.

We even did a bathroom refurb for them, to solve the damp and drainage issues. We scraped it in cheap for about $5k. Came up really well. Thanks trady mates!

We were paying roughly $150-$200/week "unders". Under market value. Lucky to have a rich landlord, who we didn't bother.

www.google.com:443/maps
28 pacific street, manly, nsw
Marvin
Marvin
WA
725 posts
WA, 725 posts
14 Dec 2011 9:26pm
The vacancy rate in Perth is down to 0.7% - anything less than 2% is a landlord's market and indicative of rising rents.

Nasty inconsiderate people come as landlords and as renters. Either way, they are best moved on from as soon as possible.

However, the tight vacancy rate means that getting a new lease on anywhere decent is becoming a race - need to rock up early, charm the landlord, have no pets/good references etc etc.

dirtyharry
dirtyharry
WA
444 posts
WA, 444 posts
14 Dec 2011 9:42pm
Don't get me wrong, the landlord sounds like they suck. But some of these things cut both ways - like you say 2 sides to every story.

Reflex Films said...


1.Reticulation not working - took 6 weeks to fix - tenant had to replace sprinkler heads at own expense.

Retic can be a pain in the arse to keep working well long term. Unless it was rented as having functioning retic then I don't think this one is a reasonable complaint.

Reflex Films said...


1a.Gutters not maintained as per contract - water seeping in to gyprock ceilings

Personally I don't expect my landlord to maintain gutters. I plan on being here for quite a while, and at the end of the day if they're going to send someone round to clean the gutters every year I'm going to pay for it one way or another. Figure it's easier to just get up there and do it myself.

Reflex Films said...


1b.no keys supplied to open window locks for 6 weeks - unable to ventilate property in summer

Not acceptable.

Reflex Films said...


2. Aircon not functioning - took 6 months to replace ( a whole summer no aircon)

Considering it was rented as having aircon and heating, not acceptable.

Reflex Films said...


3. No key to allow back door to be locked - 6 weeks

Not acceptable.

Reflex Films said...


4. Smoking downlight contacting insulation - 2 months for attendance to issue - no fire dome attached - just moved insulation. After 1 year fire dome arranged to be replaced - but still not in place

Not acceptable.

Reflex Films said...


5. Blocked drain in shower - 6 weeks to attend to issue

Depending on what the blockage is from and how much effort the tenant has made to fix it, possibly the landlords problem. But, having lived with quite a few chicks in shared houses, they shed a LOT of hair and block drains up pretty easy. In my experience a bit of caustic soda or other commercial drain cleaner often fixes it. Don;t think it's necessarily fair to call the landlord as soon as it blocks (not saying this is what your relo did).

Reflex Films said...


5a. Damp from shower crossing in to cabinet - not attended to despite multiple requests. Mould / smell emanating from cabinet

Don't quite follow this one.

Reflex Films said...


6. Renter arranged old gas appliances (heater / oven)to be exchanged via government swap program- manager / owner managed to delay replacement of Gas heater and sabotage replacement of Oven.

Sounds a bit unfair, but did your relo advise the landlord they were doing this first? Was there to be any cost to the landlord (sounds a bit too good to be true that the landlord pays nothing in this gov scheme)?

Reflex Films said...


7. No functioning heater in property from Jan to the end of july - 4 ft flames coming out of old gas heater when ignition attempted - eventually replaced via government program


Reflex Films said...


8. Manager / owner insisted on placing a vent in wall where old heater was removed - old heater used asbestos flue - which was disintegrated during removal - vent to wall cavity filled with loose asbestos particles / fibers. 3 months left unattended

After multiple requests for issue to be sorted renter has taped and alfoiled ventilation duct - now zero ventilation in room.

Don;t quite follow this one. But if the old heater was flued - was the replacement unflued? If so the vent was required wasn't it?

Reflex Films said...


9. Oven (the one that was going to be replaced by govt program for free sabotaged by owner / manager) goes out

leaking gas

- Gas co / govt program reluctant to replace due to verbal abuse from manager / owner

Oven unusable for 2 weeks now - still not replaced.

No good. But may be more to the story if landlord has chip on shoulder about tenant booking replacements under this gov scheme without their knowledge/approval?

Trust me, I'm no landlord advocate. Just trying to maintain balance.

I rent myself, admittedly on a ridiculously good deal. Its an old house that will, in the not too distant future, be bulldozed and subdivided. So I know that the more I start demanding maintenance, the sooner it will make financial sense for my landlord to bulldoze and subdivide. So I do heaps of the simpler stuff myself and leave them alone. Probably a different case for your relo.

Good luck with it.

wodgina6722
wodgina6722
229 posts
229 posts
14 Dec 2011 10:04pm
If you get a good tennant don't put up the price, if your on a good deal as a renter don't pester the landlord.
dirtyharry
dirtyharry
WA
444 posts
WA, 444 posts
14 Dec 2011 10:11pm
wodgina6722 said...

If you get a good tennant don't put up the price, if your on a good deal as a renter don't pester the landlord.


It took me about 3000 words to try to say that
Poodle
Poodle
WA
868 posts
WA, 868 posts
14 Dec 2011 11:02pm
dirtyharry said...

wodgina6722 said...

If you get a good tennant don't put up the price, if your on a good deal as a renter don't pester the landlord.


It took me about 3000 words to try to say that


+1

Ted the Kiwi
Ted the Kiwi
NSW
14256 posts
NSW, 14256 posts
15 Dec 2011 9:59am
Simondo said...
28 pacific street, manly, nsw


we were practically neighbors - I lived at number 33 Malvern Towers!!
firiebob
firiebob
WA
3182 posts
WA, 3182 posts
15 Dec 2011 7:17am
No one's ever going to be happy here, her or the landlord, it's like listening to your mate when his wife/girlfriend buggers off


Reflex Films said...

vent to wall cavity filled with loose asbestos particles / fibers. 3 months left unattended


Tell her to get out !

spruceups
spruceups
WA
1 posts
WA, 1 posts
16 Dec 2011 10:03pm
There is a legal case won by a number of tenant against their property managers for non-compliance with the tenant agreements. There will be a clause in there that says something about quiet enjoyment of the premises. The tenant sued for a return of the rent for non-compliance with required maintenance. There a few legal precedents now http://au.news.yahoo.com/today-tonight/consumer/article/-/10242906/TT_Tenant_s_rental_triumph_-_12092011_files/ This is just one.

But I think the writing is on the wall to move out and to visit the www.rentalagreementsdiy.com.au/tenancy_laws_in_australia.php for further advice.
FlySurfer
FlySurfer
NSW
4460 posts
NSW, 4460 posts
17 Dec 2011 11:30am
Wow $380, that's sooo cheap... reminds me of the good ol'days.

My landlord/agent is a farking runt... never does jack either.. wait that's their name Jackson Roe.

Anyway get the repairs done yourself, send them the invoice... may take a while to get the money back, but no AC can be a killer... not in NSW, cos it's FARKING freezing all year round, there's never any wind and the Sun's always blanketed out by thick grew clouds.

FARK you NSW! More like NoSunWind
cisco
cisco
QLD
12365 posts
QLD, 12365 posts
17 Dec 2011 1:57pm
wodgina6722 said...

If you get a good tennant don't put up the price, if your on a good deal as a renter don't pester the landlord.


Absolutely. Good landlords provide a vital service to the community and are mostly under rewarded and taxed to the hilt by councils charging 25% of gross income by way of rates and services.

Add bad tenants into the mix and it is no wonder so many are getting out of the residential rental market.

Toots
Toots
WA
271 posts
WA, 271 posts
20 Dec 2011 3:23am
Im Renting in FreMcmantle for 240 Jizzles a week for a 1 bedroom misery in a 6 bedroom house that is brand new, its crusty as, and riddled with the cliched pommy backpacker from hell, I know Im being taken for a ride but my family think my title is Pip and have Great Expectations, I try to remain humble. Ms Estella is a BBW ;0 and Global McWarming will throw every account off balance.
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