Would you expect to pay?

[daydream**believer]

So my tenants rang me last week to ask if my electricity was on.

I said it was and they tell me that theres isnt.

They said the safety switch is off and when they try to flick it back on, it goes straight off again.

I asked if they had unplugged appliances and was told, yes, they have unplugged everything.

So, i call our electrician.

He says, due to the torrential rain we had had, there may be water damage in the roof or something similar.

He goes to the house, has a look around. Goes in the garage and sees a power board has been left plugged in, switched on and sitting in the garage doorway which is a big puddle of water.

He switches it off, goes inside, flicks the safety switch and it stays on.

He checks out in the roof just to be sure and checks the power board readings and sees nothing else that would cause the power to go out.

He says he will wait a few days to send the bill as we were expecting more big rain and if the power goes out again, then we know there is another problem.

Well, we had more rain. They had no black out and ive now got an electrician bill.

So, as a tenant, would you expect to pay this bill? It was completely their fault after all

Im taking it over to them tomorrow and i expect them to not be happy and i am ready to put them in their place if they have a whinge.

And if they winge too much, the next form they get will be to tell them get out

[izabsmiling]

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@flashie* wrote:

If it says you have to clean the carpets on vacation of the premises in your tenancy/lease..............then you are requried to do it.

Having said that though..........on your moving into a premises the carpets should have already been cleaned and fresh for you............and stated as such in the copy of the condition report the landlord gives you........(I am basing this on the Tasmanian tenancy laws)

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@flashie* wrote:

If it says you have to clean the carpets on vacation of the premises in your tenancy/lease..............then you are requried to do it.

Having said that though..........on your moving into a premises the carpets should have already been cleaned and fresh for you............and stated as such in the copy of the condition report the landlord gives you........(I am basing this on the Tasmanian tenancy laws)

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that's how it's been when I have rented in Vic and Qld .They had to be 'professionally' cleaned and the receipt needed to be given to the RE /owner prior to refund of bond.

I think some may have extra terms for flea treatment as well if the tenants have pets ?

[daydream**believer]

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@freddie*rooster wrote:

She's breached the lease by moving out and passing the home onto the son, how rude of her to do that without consultation with the Landlord.

Talking about tenants paying water bills, in times gone by your rent included water. It seems RE agents have tried to add many new responsibilities to the tenant's list, like when vacating the premises and having carpets professionally cleaned, that's the owners responsibility, but RE agents try to con tenants by saying it's their responsibility.

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technicaly she hasnt moved out. All her stuff is still there, she pops in for a shower now and then and she stays there when her bf has his kids with him every 2nd weekend.

The rent still comes out of her account and into mine

But, when i was there with the electrician, the daughter in law informed me that she and the son pay all the rent now to their mum cause she isnt there very often

[freddie*rooster]

 The only time they can force a tenant to have the carpets profesionally cleaned is if there has been an agreement with the Landlord/RE regarding a cat/dog on the premises, and the agreement is they have the capets professionally cleaned on vacating.

[freddie*rooster]

Other additional terms may be added to the agreement so long as they:

• do not conflict with the tenancy laws or any other laws and
• do not conflict with the standard terms of the agreement
• however, there are a number of terms which are prohibited from being added to a tenancy agreement.

These are terms which would:

• require the tenant to have the carpet professionally cleaned, or pay the cost of such cleaning, at the end of the tenancy (except as part of a separate arrangement to allow the tenant to keep a pet on the premises)
• require the tenant to take out any form of insurance, such as home contents or public liability insurance
• exempt the landlord, agent or any other person from legal liability for any negligent act or omission
• require the tenant to pay a higher rent, a penalty or some other form of damages if they breach the agreement
• give the tenant a reduced rent or rebate for not breaching the agreement or
• require the tenant to use the services of a particular person or business to carry out their obligations under the agreement, such as a nominated lawn mowing or pool cleaning company.

Any additional terms which are prohibited or conflict with the law or the standard terms are void and unenforceable. Penalties can be imposed for including prohibited terms in a tenancy agreement.

[*pepe]

carpet cleaning has always been written into my lease agreement.

[freddie*rooster]

In NSW they can't force a tenant to pay to have carpets cleaned unless it's an agreement regarding animals. RE agents write it into lease agreements as a way of bullying the tenant, but they will be told quick smart they are in breach if they try inforcing it.

[cherry*135]

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@acacia_pycnantha wrote:

I think the tenant may be liable to pay any excess water bill, but the basic water bill, for supply and service is  the landlord's responsibility.

I guess the laws vary from state to state?

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I should have stated tenants are liable for the water usage partof the bill only (NSW).

I just can't see any amendments to the RTA that states unpaid water bills can now lead to  termination, same as unpaid rent.

[cherry*135]

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@freddie*rooster wrote:

In NSW they can't force a tenant to pay to have carpets cleaned unless it's an agreement regarding animals. RE agents write it into lease agreements as a way of bullying the tenant, but they will be told quick smart they are in breach if they try inforcing it.

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Yes, the RE got a away with that for years. The Residential Tenancy Act  NSW has been amended recently and quite clearly states tenants are not obliged to get the carpets professionally cleaned on vacating ( with the exception as you pointed out with a clause if there are pets permitted.).

I am wary now when I see the RE adding on statements in a letter (not on the lease) as mentioned above.. about unpaid water rates and pest control.

I did notice recently if you have a bad owner and they don't pay the water bill at all (they usually pay all of it, then seek the usage part from tenants) the tenant can legally pay the water bill and deduct it from their rent (NSW).

[*pepe]

i wouldn't leave without getting them cleaned, law or no law.

it just seems to me to be the right thing to do,

i would hate to move in to someone else's uncleaned carpets.  yuk!

[freddie*rooster]

It's up to the RE/Landlord to have the carpets cleaned prior to any tenancy pepe. I have a good Dyson vac and I give the carpets a good clean prior tp vacating, but i'm not using my bond money to pay for a professional carpet cleaner to clean the carpets when it's the responsibility of the RE. I moved in here with a stoofed remote control garage door, it's never been fixed, so they can whistle "dixie" when I leave.