Landlords and Tennants


The Landlord

The Landlord (Photo credit: Wikipedia)

English: Illustration of new lease accounting

English: Illustration of new lease accounting (Photo credit: Wikipedia)

Lease Plan global locations

Lease Plan global locations (Photo credit: Wikipedia)

http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Being_a_landlord.html

http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Renting_a_home/New_tenant_checklist.page?
•Be careful with what you sign relating to your tenancy, and don’t let anybody rush you. Never sign a blank form,

What you must know before you sign a lease

At the start of every tenancy you should be given the following by the landlord or agent:
•a copy of this information statement
•a copy of your lease (tenancy agreement)
•2 copies of the premises condition report (more on that later)
•a bond lodgement form for you to sign, so that it can be lodged with NSW Fair Trading
•keys to your new home.

The first thing you should do before you sign the lease is read it thoroughly. If there is anything in it which you don’t understand, ask questions.

Remember, you are committing to a legally binding contract for which there is no cooling–off period. You will want to be certain you understand and agree to what you are signing.

Only when you can respond with a Yes to the following statements, should you sign the lease.

The lease

I have read the lease and I asked questions if there were things I didn’t understand.

I know the length of the lease is negotiated before I sign, which means it can be for 6 months, 12 months, or some other period.

I know that I must be offered at least one way to pay the rent which does not involve paying a fee to a third party.

I know that any additional terms to the lease are negotiated before I sign.

I have checked that all additional terms to the lease are legal, for example, the lease does not include a term requiring me to have the carpet professionally cleaned when I leave, unless I have agreed to that as part of a condition to allow me to keep a pet on the premises.

Promised repairs

In relation to any promises by the landlord or agent (for example, replace the oven, paint a room, clean up the backyard etc):
I have made sure these have already been done, or
I have an undertaking in writing (before signing the lease) that they will be done.

Upfront costs

I am not being required to pay:
more than 2 weeks rent in advance, unless I freely offer to pay more
more than 4 weeks rent as a rental bond.

I am not being charged for:
the cost of preparing my lease
the initial supply of keys and security devices to each tenant named on the lease.

After you move in

Make sure you:
•Fill in your part of the condition report and don’t forget to return a copy to the landlord or agent within 7 days. This is an important piece of evidence. If you don’t take the time to complete it accurately money could be taken out of your bond to pay for damage that was already there when you moved in.
•Get a letter from Fair Trading sometime during the first 2 months saying that your bond has been received and advising you of your Rental Bond Number. If this doesn’t arrive call Fair Trading to make sure it has been lodged.

Top tips for problem–free renting

Follow these useful tips to help avoid problems while you are renting:
•Photos are a great way to record the condition of the property when you first move in. Take pictures (that are date stamped) of the property, especially areas that are damaged or unclean. Keep these in case the landlord objects to returning your bond at the end of your tenancy.
•Keep a copy of your lease, condition report, rent receipts, Rental Bond Number and copies of letters/emails you send or receive in a designated ‘tenancy’ file folder and put it somewhere you can easily find it later.
•Never stop paying your rent, even if the landlord is not complying with their side of the agreement (eg. by failing to do repairs) – you could end up being evicted if you do.
•Keep a diary of your dealings with the landlord or agent – record all the times and dates of conversations, who you spoke to and what they agreed to do. If repairs are needed, put your request in writing to the landlord or agent and keep a copy. This type of evidence is very helpful if a dispute arises which ends up in the Consumer, Trader and Tenancy Tribunal.
•Comply with the terms of your lease. In particular, never make any alterations, keep a pet or let other people move in without asking the landlord or agent for permission first.
•Consider taking out home contents insurance. It will cover your belongings in case of theft, fires and natural disasters. The landlord’s building insurance, if they have it, will not cover your things.
•If the property has a pool or garden be clear about what the landlord or agent expects you to do to maintain it.
•Be careful with what you sign relating to your tenancy, and don’t let anybody rush you. Never sign a blank form, such as a Claim for refund of bond.
•If you are happy in the place and your lease ends, consider asking for the lease to be renewed for another fixed term. This will remove the worry about being unexpectedly asked to leave, and helps to lock in the rent for the next period of time.

Further information

Go to the Fair Trading website, call 13 32 20 or visit a Fair Trading Centre for more information about your renting rights and responsibilities.

The NSW Government funds a range of community based Tenants Advice and Advocacy Services across NSW to provide advice, information and advocacy to tenants. Go to the Tenants Union website at http://www.tenants.org.au for details

http://www.tenancycheck.com.au/landlord-information/obligations/landlord-responsibilities-and-obligations.dot

Landlord Responsibilities And Obligations

Common law dictates that landlords have a duty to guarantee the safety of rented property and its contents. Of utmost importance is that no injury or damage is caused to the tenants, neighbours or public as a direct result of the landlord neglecting his/her responsibilities.

In addition to common law there are regulations specific to rental properties – these fall under the landlord responsibilities and must be followed to the letter.

Landlord responsibilities include:
•Maintaining the structure and exterior of the house
•Ensuring all ‘installations’ are working, such as gas, electricity and heating
•Installation and appliance maintenance and safety. Please note: only applies to landlord-owned appliances
•Treat potentially health-threatening issues such as rising damp
•Anything else that’s stipulated in the tenancy agreement

Landlord responsibilities include:
•Maintaining the structure and exterior of the house
•Ensuring all ‘installations’ are working, such as gas, electricity and heating
•Installation and appliance maintenance and safety. Please note: only applies to landlord-owned appliances
•Treat potentially health-threatening issues such as rising damp
•Anything else that’s stipulated in the tenancy agreement

In addition to these more general landlord responsibilities, each Australian state and territory has its own specific requirements:

New South Wales

In NSW, landlords must provide tenants with a copy of the ‘New tenant checklist’ available on the state’s Fair Trading website before both parties sign the rental agreement. Fines can be applied if the correct procedures aren’t followed to the letter. Landlords must also make sure they’re up-to-date on what qualifies as both direct and indirect discrimination, fair trading laws, and good practices. Ninety days’ notice is required if no new lease has been signed following expiry of a fixed-term agreement

https://law.resource.org/pub/us/code/ibr/icc.ipmc.2012.html

A] 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

[A] 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.

[A] 108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous:
1.Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.
2.The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
3.Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.
4.Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value.
5.The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.
6.The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
7.The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
8.Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.
9.A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
10.Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, 4mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.
11.Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.

[A] 109.4 repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

[A] 109.5 Costs of repairs. Costs incurred in the performance of work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe/unsanitry/in need of repair, structure is or was located for the recovery of such costs.

LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

NEGLECT. The lack of proper maintenance for a building or structure.

[A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.

OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.

OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

[A] OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other group acting as a unit.

PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.

[A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.

[A] PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.

ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

[B] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.

[A] STRUCTURE. That which is built or constructed or a portion thereof.

TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.

8.Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;
9.Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;

304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.

IMAG0165

IMAG0195

IMAG0188

IMAG0189

IMAG0194

IMAG0164

Advertisements
This entry was posted in Computers and Internet, Education, News and politics, Organizations and tagged , , , , , , , , . Bookmark the permalink.

8 Responses to Landlords and Tennants

  1. PeterBDunn says:

    http://www.quotify.com.au/carpet-cleaning/buyer-guides/carpet-cleaning-costs
    Doing the Math

    Carpet cleaning costs will of course vary depending on factors such as the size of the area to be cleaned, the method to be used and the quality of the service.

    Here are some indicative costs:
    •Quick, 1 stage service: from $18.00 per room
    •High standard, 4 or 6 stage process: from $25.00 per room
    •Quality lounge suite cleaning: $35.00 per seat

    The total cost you pay is generally made up of a call out cost plus an area cost. Regardless of the size of your house, the cleaner has to drive to your property and set up all of the equipment. As is the case for many services, less is more. The price per metre will reduce as the size of the area to be cleaned increases.

    Also, the cost quoted may depend on whether the carpet has been vacuumed before the cleaner arrives, the amount of soiling and whether the premises are empty or need furniture to be removed.

    Ways to cut costs

    There may be some room to negotiate if you think the cost being charged is too high:
    •Scheduling a regular clean each year with the cleaner may entitle you to a discount.
    •Consider what else can be cleaned and get it all done in one hit. Most carpet cleaning professionals also clean upholstery, drapes, maybe even mattresses. If they are bringing cleaning equipment to your home, it may be cost-effective to get them to clean it all.
    •Get a few quotes. Don’t settle for the first quote if you think it is too high.
    •Ask for a pensioner discount if this applies to you.
    •Check your contents insurance – is there a discount on your insurance premium for using professional cleaners.
    •Remember though – ridiculously cheap offers are generally not as good as they sound. While it is worth making sure you pay a competitive price, don’t sacrifice quality – the savings won’t be worth it if the cheap cleaner does a bad job!

    http://www.mastercarpet.com/prices.html
    CARPET CLEANING

    Steam or dry clean? That’s a question we are asked frequently. Steam cleaning is a deeper clean, lifting out the deep down, ingrained grit and dirt. Dry cleaning is a surface clean. We offer both and your technician will advise on the most appropriate method for your carpet. Our comprehensive service includes carpet deodorising and stain treatment. A standard room is approximately 3 x 4 metres (12 square metres). This includes most average rooms. Larger rooms may be considered as 1½ or 2 rooms.

    Rooms cost $35 per standard room (see above) – (Minimum charge $105 ($120 in CBD))

    Halls cost $20 (based on an average hall of 8 square metres)

    Stairs cost $2.50 per step

    http://carpetcleaningdirect.com.au/cost.html
    Carpet Steam Cleaning:
    •1 room: $70
    •2 rooms: $85
    •3 rooms: $100
    •4 rooms: $120
    •5 rooms: $140
    •Additional rooms after 5 rooms ADD $20 per room

  2. PeterBDunn says:

    4 bedroom house offered at 200 per week

    (not including offer of vehicle and repayments or storage fees as earlier intimated in origional offer
    which when changed beyond that of its origional boundries becomes invalid )

    During moving process computor that was working prior to move is now not working is it covered
    vide landlords insurance or is it another cost the poor tennant has to bear vide a discriminating
    thought process of tyrrany?

    formula; 4 rooms $50.00 each p/w ie $200 p/w

    as present tennant only occupies one room physically at any one time,

    land lord requires 3 more tennants to make asking rent instead of taking 80 %
    of a disabled pensioners fortnightly allowance to suit their monetary requirements/living standards
    over and above that of ones own sibling? Ethics , Morals? enquires re old tennants rental costs met with non of ya business?
    attempt by landlord to set a market precedence in area re rental costs? or plain greed?

    tennancy change over ensued whilst old tennant still in residence (obviousley to maxamise income
    vide a continually occupied tennancy) attempt by landlord to escape cleaning and maintenance
    required as per quid pro quo

    thus,

    1. carpet cleaning, (Halls cost $20, •High standard, 4 or 6 stage process: from $25.00 per room,
    4 bedrooms 1 hallway 1 lounge ie 2 rooms
    + Carpet Steam Cleaning:•4 rooms: $120; total $440.00 )
    2. back screen door lock repairs, $50.00 (removal of lock guard and chisel required space re fit and
    adjust to a working contidion)
    3. electrical exhaust fan bathroom, $50.00 (enter roof space inspect and spray unit re check at switch
    then unplug unit as inoperable requires replacement)
    4. front cement porch peeling paint, $200 (sweep& water blast surface ,wire brush surface for new
    paint adhesion, paint surface)
    5. leaking roof of carport (yet to be quoted)
    6 . the toilet moves when one sits on it
    7. plumbing in toilet leaking (washer req?)

    repairs not carried out as per
    international property maintenance and security codes, along with nsw tennancy requirements and
    legislation, ignored prior to new tennants occupation of premises , aparrently due to an
    accountants advice.

    costs of labour re above to be recovered in lieu of rent ie rent will be paid with labour deducted
    items no 2 and 3 comming from rent due on 18/9/13,
    items noed 1, 4 and 5, 6 & 7 to be discussed and agreement reached.
    dedudctions re same on 2/10/13

    along with computor repairs(damaged during moving process, $ ? yet to be determined*)
    unless insurance will cover.

    after 20 min visit on 16/9/12 mon 2 plastic bags and contents 1 plant 1 mower catcher
    some potatoes and onions and a box of pork sausages delivered,, left with 5 slices of bread ,
    could have been taken to shops re same,
    taken to rta wollongong re licence,.. then dumped in forbes, with no vehicle to complete driving practical test ,
    or arrangements. or offer of same re matter, both visitors hyped up in a rush to get out of forbes? why?
    what drugs where they on that day ?

    an attempt by a landlord to employ a caretaker to add value to
    their property without payment, just take rent from a percieved fool ? lol make me laugh !
    especially when one proports that they have the money to bulldoze the place down and build a block of flats
    if ya got the money to do that, why scrimp on furniture removal vehicles to make a rod for your own back
    to do six trips between wollongong and forbes?? wheres the sense in that ??

    lies :
    usable bath,huh , its in the back yard ,
    origional offer of celica,
    My own family non of my business,
    im a liar,
    my father threatens to shoot and kill me ?
    affects of medications consumed?

    • PeterBDunn says:

      Keiser Report – Episode 499

      Published on Sep 19, 2013

      Max Keiser and Stacy Herbert discuss the triangle of fraud in the housing sector and the policy of Icarus economics in which banks can’t crash soon enough because then they can get their bailouts from the taxpayer. In the second half, Max interviews Simon Rose of SaveOurSavers.co.uk about the George Osborne’s ‘New Deal’ of putting estate agents to work as flocks of pigs fly across the London sky. They also discuss the five years of unintended consequences, including that which has led to the idea being floated of a government cap on house price rises to correct the problem of government intervention in the mortgage market.

      • PeterBDunn says:

        ttp://www.forbesadvocate.com.au/story/1787325/break-ins-on-the-rise-in-forbes/?cs=717
        Breaking and entering has increased in the Forbes local government area (LGA) by more than 44 percent over the last two years, new statistics from the Bureau of Crime Statistics and Research (BOSCAR) reveals.

        The latest figures were released in the NSW recorded Crime Statistics Quarterly Update 2013, which shows that crime statistics in the Forbes LGA have remained relatively the same since 2011, with the exception of breaking and entering a dwelling, being nearly twice the state average.
        Stealing from a dwelling is also recorded at a rate of twice the NSW average in Forbes,

        http://www.forbesadvocate.com.au/story/1797273/electorate-changes-for-forbes/?cs=717
        Forbes residents will be part of the Orange electorate
        The electorate’s population is expected to increase to 53,780 by the next state election

        State Records holds many tens of thousands of photographic images from the late 19th century. Go to investigator.records.nsw.gov.au.

      • PeterBDunn says:

        Kerry Campbell interview 26/9/13
        http://www.thevinnyeastwoodshow.com/

        3of6 23Sep2013 Govt Fluoride Insanity And Heroin Smuggling Exposed

  3. pamea says:

    Looking at the pictures I believe the previous owner occupier is responsible in leaving the house in a clean & stain free place. Exellent that your photos are dated. Not much you can do with the iron roof showing its age. Roof may need a screw rather than replacing popped nail with nail.. But your experience & critical will tell you what is needed.

    Bi-carb ., carpet shampoo & stiff brush & your own vacume clean worst of carpet. Stains if too unsightly cover with a cheap rug. If you do get professionals in keep the receipts, or copy.. relations are the worst landlords ( tennants) depending which one you are..

    Those elderly chaps look pretty pleased with theirselves..

    • PeterBDunn says:

      Keiser Report – Episode 499

      Published on Sep 19, 2013

      Max Keiser and Stacy Herbert discuss the triangle of fraud in the housing sector and the policy of Icarus economics in which banks can’t crash soon enough because then they can get their bailouts from the taxpayer. In the second half, Max interviews Simon Rose of SaveOurSavers.co.uk about the George Osborne’s ‘New Deal’ of putting estate agents to work as flocks of pigs fly across the London sky. They also discuss the five years of unintended consequences, including that which has led to the idea being floated of a government cap on house price rises to correct the problem of government intervention in the mortgage market.

      • PeterBDunn says:

        ttp://www.forbesadvocate.com.au/story/1787325/break-ins-on-the-rise-in-forbes/?cs=717
        Breaking and entering has increased in the Forbes local government area (LGA) by more than 44 percent over the last two years, new statistics from the Bureau of Crime Statistics and Research (BOSCAR) reveals.

        The latest figures were released in the NSW recorded Crime Statistics Quarterly Update 2013, which shows that crime statistics in the Forbes LGA have remained relatively the same since 2011, with the exception of breaking and entering a dwelling, being nearly twice the state average.
        Stealing from a dwelling is also recorded at a rate of twice the NSW average in Forbes,

        http://www.forbesadvocate.com.au/story/1797273/electorate-changes-for-forbes/?cs=717
        Forbes residents will be part of the Orange electorate
        The electorate’s population is expected to increase to 53,780 by the next state election

        State Records holds many tens of thousands of photographic images from the late 19th century. Go to investigator.records.nsw.gov.au.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s