Right to a professional handy man

Some dodgy landlords refuse to hire professional handymen, doing the work themselves, hiring mates or second-rate tradies. Of course, they do this to reduce costs and save money on carrying out repairs.

But there are a number of problems with doing this. First of all, it can be dangerous depending on the kind of work being done. When it comes to electrical work for instance, you want someone who knows what they are doing.

Secondly, it is violates the privacy of tenants. A key element of a lease is the right to quiet enjoyment of the property. If the landlord is doing the work, they get to do an informal inspection without the protections in the Act.

And further, if there is a problem and the matter goes before a tribunal, the landlord has an edge because their mate will probably give a favourable version of the events.

And then there's the hassle. If they don't know what they are doing, it might take longer and they might have to come back.

This is why tenants should have a right to a professional handyman.

Here is a story from a frustrated tenant:

I have a tale of woe to tell. My family and I moved into our dodgy Northcote property two years ago. I knew it was dodgy as I had the pleasure of living in another property owned by the same man when I was a young student.

He was a dodgy prick then and remains one today. Why did I take the property, well der, there is a shortage of three bedroom rentals and my kids need to be near schools transport and so on. Anyway on our first night in the house water poured through the ceiling from the upstairs bathroom into the kitchen. The landlord owns half of Northcote.

For those of you who know the area never rent the houses in Butler street behind the Peacock hotel. The landlords answer to our leaking shower was to send his geriatric worker to carry out repairs. The old guy who has little English has been working on the house for two years as the landlord refuses to engage a plumber who is not his mate. Now this weekend has been shocking.

It has started all over again and it is worse than ever and I am just about at my breaking point. Our rent is due on Tuesday, but I don't really want to pay for a house where I cannot take a shower. I have contacted my property manager. I know that the landlord Andy is going to turn up on my door tomorrow with his old guy. My intent is to not let them in and demand a real worker.

I don't know how the story ends. Hopefully she wasn't evicted for standing her ground. 

But the tenant makes a good point. Why should tenants continue to pay rent when they are not receiving the services they pay for? Tenants should have the right to withhold rent if their landlord abuses their power and does the wrong thing.

Fairer Safer Housing

The Victorian Labor Government is moving to reform the Residential Tenancies Act 1987.

They are like to take a targeted approach rather than "root and branch" reform. This is unfortunate. The problems are deserving of forensic attention.

Here is a list of things I would do:

1. Look to Queensland for inspiration. Their system isn't perfect but a great deal better than Victoria's mess. 

2. Create a separate statutory body responsible for all things housing. I hear good things about the Queensland's Residential Tenancies Authority. I'm not convinced housing is a consumer problem. And I don't think dodgy landlords are an enforcement priority.

3. Set up a register for landlords. Carry out background checks. We need to know who they are and take away their rights if they do the wrong thing. Keep a record of bond claims to make sure the money is going where they say it's going.
 

4. Enshrine a right of appeal. I've heard disturbing stories about VCAT's handling of tenancy disputes ranging from outright bias to errors of law. Tenants should not have to go to the Supreme Court to get a good quality judicial decision.

Here is a perspective from a tenant whose first language isn't English:

No fines, low compensation. If I resume yesterday's hearing, a landlord has the right not to do repairs and to treat you like shit...so why do they have laws??? The thing is I'm petrified when I talk to the tribunal and to the landlord so I can't express what I want to say. I even forgot I had a notice to vacate! 

The notice to vacate as been cancelled but the landlord hasn't been fined for abusing it! Out of the over $10,000 I asked for compensation (I did "over ask" on purpose) I will get $77!!! Even though I pointed out that the real estate agency abused their power, didn't respect the RT act etc, they got away with NO FINE! Conclusion: I am really pissed off!

5. Give tenants an enforceable right to safety. Make carbon monoxide detectors mandatory. Get inspectors out there checking houses for faults. Give them the power to fine landlords who do the wrong thing.

 

6. Do a human right analysis. Residential tenancy laws were enacted before the Charter of Human Rights and Responsibilities 2006 was enacted. Get rid of open inspections for a start. They're a complete violation of privacy.

7. Move away from regulating contracts to regulating housing. It's an important distinction. Begin to standardise laws across different kinds of housing. Why should people renting caravans have less rights than other kinds of tenants?

8. Legislate for minimum standards. Tenants pay for and expect housing that ticks all the boxes i.e. heating, ventilation, waterproofing etc. Is it not too much to ask? Inspect houses before they are leased and don't annoy tenants. Make landlords pay for telephone/internet sockets and TV antennae ports. Why should tenants pay? It is the landlord that owns the property and benefits from these things being installed.

9. Give tenants security of tenure. And flexibility for when the unexpected strikes. Not everyone has secure ongoing employment. I don't know about you, but I can't predict what will happen in three years. Compensation for moving costs would also be great.
 

10. Implement time limits for repairs. Even New Zealand has done it. Everyone's sick of waiting. It's seriously not that hard....

 

Renting out? Show some respect...

LGBTQI people continue to experience harassment and abuse simply because of who they are, sometimes this prejudice comes from landlords and letting agents. 

Transgender people may find themselves renting from openly intolerant or disrespectful landlords. At a time when they most need a supportive, welcoming environment, these tenants will be placed at risk of abuse.

This is illustrated by the following example. An Aussie landlord decided it was okay to ask his young transgender tenant completely inappropriate questions.

I just wanted to share something that happened to a friend of mine who recently moved up to Brisbane. My friend is a young Transgender woman in her early 20's and, unless she mentioned it, you would never know. In this case she decided to be upfront purely because she is a very honest person, the result was pretty disgusting. 

I wish I could name and shame the landlord but my friend prefers not to say who, but I would like to still post this to show the attitude of some people who seem to think that when a person is Transgender, they give up their right to be treated with respect and shown a level of dignity. Transgender people are not freaks, they are not peadophiles nor sexual perverts, they are normal people trying to live their life true to themselves.

Even though landlords and their agents perform an important public function, they are not required to undertake training on diversity. Landlords don't have to undertake any training at all, despite the impact they can have on the lives of their tenants.

 

The Property Services Training Package (CPP07) is a set of nationally endorsed qualifications and competency standards. In Victoria, for example, the Certificate IV in Property Services (Real Estate) prescribed by the Business Licensing Authority is based on that framework.

 

While there is some recognition of the importance of diversity in the national framework - it could be better, the Real Estate Institute of Victoria (REIV) in its overview of the 24 units doesn't even mention diversity let alone equal opportunity for the LGBTQI community or any other minority.

 

The private rental sector should be a safe space for all, including members of the LGBTQI community. Here are some pointers for landlords and letting agents:

• Don't ask your tenants if they are gay - first of all because it's none of your business and second they might be concerned about discrimination
• If you are unsure of what pronouns to use - for example "him" or "her" - follow their lead and see what language they prefer
• Don't ask your tenant about their sex organs or sexual practices - transgender or not - it's rude and unacceptable
• If you're not sure how to refer to your tenant's partner, instead of using the "friend" euphemism, ask what term they prefer 
• If you want to show your support - place a sign in your window saying "The LGBTQI community is welcome here" or better yet "We support marriage equality"

Members of the LGBTQI community are equally deserving of our respect. A little sensitivity goes a long way.

Tenancy laws: Not worth the paper they are written on

Tenancy laws are so badly drafted they are not worth the paper they are written on. The loopholes are so big dump trucks could drive through them. In this story, the tenant was evicted only two months after moving into the rental property.

Under section 86 of the NSW Residential Tenancies Act, a landlord can terminate a lease prior to the end of a fixed term contract if the premises are to be sold. The tenant was aghast when told there would be weekly open houses and photos would be published online.

Two months after signing a new lease for my current rental property, it was put up for sale. I have no problem with the real estate bringing potential buyers through the property but the agent is insisting on conducting open house inspections for anyone who wants to haphazardly waltz through my home for 4 Saturdays in a row between 10-10.30am.

He also insisted that on Monday, he will be coming into my home to take photos of the inside of my property to whack all over the internet for advertising purposes. I also have been granted permission to have tenants in the granny flat at the back of the property. All the photos being taken and the continuous open house inspections are really invading their privacy as well.  

I raised these issues with the agent. His response was: "I have always done open house inspections and taken internal photos on all houses I sell. I intend on doing it, and if you don't like it, feel free to give 3 weeks notice and move out." 

I don't deserve this. I am a good tenant with good references and a brilliant rental history. My property is always clean and tidy and my rent is always paid well and truly in advance.

The use of images of tenants' possessions without permission is prohibited only in Queensland and Tasmania. In other jurisdictions, tenancy legislation does not specifically prohibit the taking of photographs.

While tenants have a right to quiet enjoyment, landlords also have a right to access in defined circumstances. It is unclear whether agents can take photos of the premises inclusive of tenants' possessions.

The tenant eventually convinced the agent not to publish the photos but discovered some pretty interesting information.

The real estate has actually now agreed that they will not do the internal photography. But the latest info I have is that the landlord actually did this exact same thing to the last tenant.

The landlord had the house for sale and took it off the market while he got a new tenant signed and then later re-listed it for sale. It turns out that my asshole landlord is a repeat offender. The proof is right there. The great thing is agents cannot remove this info.

Since this new evidence came to my attention, I have now requested that the landlord now reduce my rent by 30% from the date that it was re-listed. And also that the landlord pay my relocation costs. They have refused so it is now a matter for tribunal and with the evidence I have I will certainly win hands down.

By pretending he was selling the property, he could lawfully show the property twice a week. If it were to be rented, it could only be shown in the last fourteen days. See section 55 of the NSW Residential Tenancies Act.
 

Information is power. Historical information about rental properties is available online. Tenants can obtain free property profile reports from Onthehouse.com.au. Another good website is Myrpdata.com. The site costs money but it provides more detailed information 

You can find out:

• when property is bought
• when property is sold
• when property is available to rent
• when property secured a tenant
• when tenant moved out
• when property unlisted or relisted for sale
• managing agents
• sales price for property
• how much property is rented for each week
   

See more:

Jane Lee, ‘Tenants' privacy concerns prompt review into photographing sale properties’ (The Age, 6 August 2014)

Renting privately - It's a joke

This is a well-written account of what renting in the private sector is like, and fairly accurate depiction of the challenges tenants encounter - from a lying thieving landlord to a hapless hamstrung council and finally to a disinterested gullible tribunal.

We moved from Warwick to Caboolture in early March of 2008 after our first experience of a ratbag landlord. We lived in an old-style house with, as it would turn out, a large number of issues (which of course you don’t find out about until after you’ve moved in). Issues that came about after moving in included asbestos in the outside laundry, a dangerous taped up wire with a light-bulb at the end of it that was utilised as a light near the filthy stove, doors where the wind just blew through the frames, a hole in cheap stained glass window, an electrical system where you couldn’t use the heaters and teakettle at the same time. It was the sort of place where the owner/realtor only did about three inspections in the two years we were stuck there.  

"There should be a law that issues like this and other urgent issues are dealt with immediately by tradesmen regardless of whether the owner wants to or not."

We got away from there but lost a chunk of our bond for bogus reasons but moving to the coast I didn’t have the time or strength to fight (I’ve since learned it wouldn’t have made the slightest bit of difference if I had).So we moved Caboolture into a house where we were to stay from March 2008 to roughly September 2012. We didn’t have any problems with the real estate agent who was in charge of the property, most issues were fixed pretty quickly except for the flooding (the yard was to require drainage which was eventually put in after the 2010/11 floods). There should be a law that issues like this and other urgent issues are dealt with immediately by tradesmen regardless of whether the owner wants to or not.

 

The owners we got chatty with, they seemed like decent people, we did what we could like with new taps in the laundry and a small rose garden in the front, though there was so much wrong with the place I felt sorry for those who bought it. They were talking about getting married and how they couldn’t afford it so we made a few suggestions but unfortunately they sold the house, which caused us to move again. I will add during the time after being on the government housing list for approximately eight years, of course the rules were changed so we didn’t qualify anymore. It was from this point I began to suffer from stress and the fear of being homeless started, a feeling which goes on to this day. 

This house we moved into was honestly great. Plenty of room, the neighbours were the real deal, very friendly, etc. It was hard work cleaning up the trash from the trees that fell in the yard. We were only in this house a year because a realtor came to value the place, at the same time telling us it was being valued for sale which turned out to be a fallacy but we couldn’t hang around; so we moved again, this time into a house that was to prove to be the biggest nightmare ever (to date).

 "It was from this point I began to suffer from stress and the fear of being homeless started, a feeling which goes on to this day." 

The landlord and the realtor were friendly at first, with the realtor saying she was happy to see us get the house (don’t know why). Almost from the beginning things went wrong with the house. The toilet consistently blocking, the cement slab at the back shed dust like a big desert storm and covered everything in the house with the right wind gusts, the thermostat or something on the top of the stove went kaput which meant we couldn’t control the heat from low to high under the pans.

The roof of the back patio was tinfoil which was to cause a series of medical issues for us later on. As I said the toilet in the house kept blocking up, resulting us in using large bottles of caustic soda which sort of worked, we are sure the toilet is the size of a child’s toilet. A year and a half later the owner (who did most of if not all the repairs and wasn’t even a handyman by any stretch of the imagination) dug out the sewer pipe at the side of the house, we left him to do the work not thinking he was as big of a scumbag as he turned into. 

The day after we received a phone call from the second rental manager who took over this property, she told us that he had called her and said that the pipe was blocked thoroughly with sanitary pads and that we did it. There were several odd things about that, a plumber said that it was odd because he had never known water to flow uphill, completely against the laws of gravity, from the house (plus two of us didn’t use such things anymore). 

Maybe he thought he could put it over three women? Nobody knows. Despite all that we argued about how the pipes did not look to be a sufficient size for water sewage pipes and we’d built our own home in the past so we knew the standard size. The owner said “you can get a private plumber to check things and pay for it if you want”, so we thought the best way to do that, find out what the regulations were, was to contact the local Shire Council and we did. 

We were put in contact with a plumbing inspector, we told him the story from start to finish and he asked if he could come around to have a look, which we accepted. He said he’d have to try and contact the owner and find out what the application number was for the second toilet the inspector said there was no record of it on their files, nor the sinks against the back wall of the house. They had been in the kitchen and were removed when “new” ones were put in. 

"A fair country is what Tony Abbott calls Australia, I don't know which Australia he lives in but it's not this one." 

 

The owner as it turned out did all the building work and the plumbing work himself (and this certainly shows). The council had trouble trying to get hold of the owner, much less getting him to do anything. A plumber was eventually called when we kept complaining, he dug open a ditch which exposed a sewer pipe and lid. In this pit and in the pipe were plastic bags that look relatively new-the owner no doubt put them there when you guess why. The second plumber used a spade to open the lid of the pipe and inside there was a rather large lump of something blue, the plumber said it was glue - no wonder the pipe gets clogged, the lump was large enough to block it.

Flooding of the back porch was to prove to be a significant problem during the times when we got any heavy rain. Onto the back porch and between the sinks and the wall of the back of the house/doors (photos available) was a drain which only served to trap water long after the rain had gone as it was built wrong (of course) and flooded into the garage. 

The shed also leaked so we had to keep everything on the porch, couldn’t leave anything on the rotary clothes line as it was under a large mango tree which the local bats loved. They would feed on the mangoes and then drop the leftovers, along with their faeces/droppings which could drop onto any washing on the line, the same with all the other birds that used to love the tree. 

Also because of the thieves in the neighbourhood (we think it was the neighbours but with the stuff the owner stole it could have been him who stole six of our best bath towels among other things). We complained about it for ages, nothing was done, then the rental manager came to look at the list of issues I had brought up. The owner said ages before this that he’d cut the tree back, at this inspection the realtor dissuaded him and out of moving the rotary line, instead building a temporary one which we declined because we doubted it would ever be built and if it was with the owner’s lack of ability as a handyman, that’s a scary thought. So we’d long since put up rope lines on the back porch under the tinfoil roof that also leaked when it rained. It was during the inspection that mum suggests a couple of alternative ways but the realtor just told her to “shut up”. 

We also had long since complained about how the windows didn’t lock, this was ignored too so we used dowelling rods in the runners it was only fixed not long before we moved out and after the owner had been given a Remedy Breach notice which he ignored until it ran out. The exhaust fan over the stove only went as far as the roof and began to rattle, but again that was ignored.  

The Tribunal we finally went to was useless, the owner was represented by the realtor but I as a tenant was on my own. We did finally get the chance to move out at least a few weeks early but that didn't prove easy. The exit inspection list included a dented fence that we didn't do and the realtor and owner walked past to enter the property for months and did nothing, a tatty old curtain that I'd love to have tested to see how old it is, a laundry sink that wasn't cracked till we moved out all of which we have to fix because we are responsible for everything that happens on the inside of the fence whether we were there when it happened or not. A fair country is what Tony Abbott calls Australia, I don't know which Australia he lives in but it's not this one.

I think the outrage tenants feel stems from the gap between their sense of fairness and current laws that so easily permit abuse. It is clear that some landlords, not all, know how to bilk the system. And it's our politicians that are letting tenants down. You can't tell me that the law strikes a fair balance between tenants and landlords.

 

Illegal boarding houses: Our young kids at risk

A young woman in her teens has contacted Bad Landlord Australia with concerns about illegal boarding houses in Sydney's inner suburbs.

We can't tell you the name of the slumlord. He goes by the name of Jason but we are pretty sure that is a fake name. This is a strategy landlords use to avoid being sued. You can't go to tribunal if you don't know the name of your landlord. We do know the address of one boarding house and that is 16 Mary Street, Surrey Hills.

There are cockroaches, mice, rats and fleas with lead paint pealing off the walls. The slumlord stores things he's taken off the streets causing a major fire hazard and resells them for a profit. The guy either doesn't know or doesn't care about his legal obligations. He makes the residents sign an A4 document saying things like no visitors, no downloading, etc. When people question him, he forcibly evicts them using threats of violence.
 

We also know Jason owns more than one property. The lass was shown five other rooming houses in a similar condition of disrepair. Knowing they are desperate, he lets to young kids and international students.
 

This is not good enough. At a bare minimum, we should have access to affordable housing without risks to health and safety. In coming weeks, I will take a look at the Boarding Houses Act 2012 (NSW).

 

 

 

 

Part 4: Two sides to every tale

This is the fourth part of a series we are running on Gartea Property Management. Alice has been dealing with Ms Van Beek, a property manager. She has asked us to publish her side of the story. We are happy to oblige.

The tenant has always paid her rent in a correct manner. Since she has moved in, the unit has a new dish washer, new sink, new dryer, cook-top and range hood. I believe she has been very well looked after in regards to her surroundings. The unit was clean, freshly painted and new carpet was laid prior to her moving furniture into the unit. The tenant checked off and signed an entry condition report. This happened in mid December 2013. Regarding allegations about the angles of photos, I have a large number taken prior to her moving in and these will stand up to any scrutiny.  

In April she started asking for her bed bugs to be treated quoting it's the landlord's responsibility to treat of bedbugs. I obliged by sending in professional pest control in April, then May and early July, then late July. She has been given sixty day notice to vacate the premises, as she was breached in late September for the cleanliness of her unit. In September, we were suppose to carry out the inspection and termite inspection, we walked in and her unit was extremely dirty, Alice said we could not do it as she is not ready. The unit was still very dirty, inside the kitchen cupboards were very dirty, the garage was filled up with bags and bags of rubbish and clutter and old mattresses.

I also noticed one bedroom the mattress had no cover on it and the condition of the mattress is alarming, old and dirty looking and torn. The notice was served because the tiled floor was so dirty and greasy, a far cry from how clean it was from when she moved in. Eventually I issued her with a notice to leave without grounds rather than renewing her lease. So she has to vacate and find another accommodation by end of December. If they can’t keep a unit in some basic form of "liveability" you cannot expect things to run smooth.

Alice did not know there was to be an inspection on that day. This is a clear breach of right of entry laws that require notice to be given.

Ms Van Beek has supplied us with photos as proof of her claims. There's only one problem. They are photos of an entirely different house.

Compare this with photos of the house actually in question.

 

Ms Van Beek has probably been getting away with this for years. When you go to tribunal, always make sure that you view the photos given to the member. She has also supplied us with pictures of the house being cleaned. But we don't know if they are of Alice's house or if they were taken at that time. Time stamps can be faked.

 

 

Ms Van Beek has also supplied us with a photo of the garage. Compare it to what the garage actually looks like. I suspect most garages would probably look like this. There is nothing stopping property managers from trying to use old photos of the premises.

 

 

Ms Van Beek has also supplied before and after photos of the hallway carpet. She claims this is proof of new carpet being laid down. This is incorrect. The new carpets were installed AFTER Alice moved in and not BEFORE and that's why they got bedbugs.

 

 

 

Dearie me, whatever happened to wear and tear. After two years, any hallway would probably look like this.

This is a really serious issue. Fake photos can be used to cover up fraud. If the money isn't going to cleaning, where is it going? How does a tenant even know if funds have been applied to the property? In practice, the power to breach a tenant for lack of cleanliness can be abused. The real photos show that the premises are in good condition.

We will keep you updated on any developments.

Postscript. Ms Van Beek admits she made a mistake "accidentally" forwarding the wrong photos.