Rental First
PART 1 OUT OF 2
With the recent severe weather in parts of New South Wales and Australia there have been a lot of questions raised about the rights and obligations of landlords and tenants in these trying situations.
If not properly understood and interpreted these can lead to disputes and litigation. Therefore it is important for a property manager to have knowledge and understanding of what the legislation states and thus be able to correctly inform the landlord and the tenant in such situations.
We illustrate below the rights and obligations from the perspective of a landlord.
Bushfires:
While in most cases, the tenant is responsible for mowing the lawns and maintaining the garden, it is the landlord’s responsibility to activate a bushfire preparation plan to protect the property. This would include things like:
- Trimming trees and scrub close to the dwelling
- Clearing trees or branches around power lines
- Clearing the roof and gutters of debris
Flooding:
For water leaks and flooding that is neither the fault of the landlord or the tenant:
If it is safe and the tenant wants to stay:
- Tenant should protect the property from further damage
- Take all measures to mitigate loss to the property and to their belongings (such as removing furniture from where the water is). Landlord is not responsible for such loss.
- Immediately inform the landlord/agent of the damage in writing
- Provide access for any urgent repairs as the landlord/representatives can access the property without tenant’s consent
- Landlord/Agent should inspect the premises as soon as possible to assess the damage.
- Organise trades to quote and commence repairs as soon as possible: these may include:
- Water extraction
- Installation of drying equipment like blowers and dehumidifiers
- Anti mould treatment etc.
- Take photographic evidence of the damage and the repairs once finished and maintain a timeline of the events
- If the landlord/agent cannot be contacted or is unwilling to do the urgent repairs, tenant can arrange for them to be done. They must give the landlord/agent written notice about the repairs, costs and copies of receipts. Landlord must pay tenant for any reasonable costs up to $1,000 within 14 days of your notice.
TO BE CONTINUED