Carpet Cleaning Misconceptions

Under the new NSW Residential Tenancies Act terms requiring a tenant to have the carpet professionally cleaned or to pay for the cost of having the carpet cleaned are prohibited  unless of course the tenant has been allowed to keep a pet at the property.

These requirements came into effect on 31 January 2011, as part of the new tenancy laws. Before that, many tenancy agreements stated that the tenant had to pay for professional carpet cleaning, even though this was not supported by the law. The new laws have made the situation a lot clearer.

However, this does not mean that the tenant cannot be made to pay for cleaning of stained or dirtied carpet.

Tenants are required to keep the premises reasonably clean and to leave the premises in the same condition as they were at the start of the tenancy, other than fair wear and tear. Where a tenant moves out leaving the carpet dirty, for example by spilling red wine, or high traffic areas, the landlord can ask the tenant to pay for cleaning or can make a claim on the tenant’s bond. However, where a tenant regularly vacuums and looks after the carpet and leaves it clean, there is no automatic right to ask the tenant to pay for professional cleaning.

Also, while trying not to go all religious on you, the Catholic's Golden Rule - Do unto others, as you would have done to yourself - I feel applies in this instance. Personally I like to know that the carpets have been professionally steam cleaned before I move into a property - you know, hygene and all that?? - So I will always make sure the carpets are professionally steam cleaned when I leave a property.

It's just a nice thing to do...

"Don’t let your tenancy go away with you"

As an added note to my last post here is an excerpt from the most recent Office of Fair Trading Newsletter;

With the holiday season fast approaching, many tenants may be planning to visit friends or relatives or go on an extended holiday. It is good practice to notify the landlord or agent if you are going to be away for an extended period. This ensures that the landlord or agent does not think you have abandoned the premises if they can’t contact you or if your rent payments stop for some reason.

In a recent case, a tenant did not advise the agent that she would be away for several months. There was a banking problem with the tenant’s automatic rent payments and her rent fell behind without her knowledge. The landlord thought she had abandoned the premises and considered terminating the tenancy.

In this case it was simply a misunderstanding that fortunately was able to be sorted out, but it could have resulted in the tenancy being ended while the tenant was away. Just like you might tell the neighbour to keep an eye on your place and empty the mail while you are away, it is a good idea to let the landlord or agent know when you will be absent from your rental property for several weeks or months. It is also good practice to regularly check your bank statements while you are away to make sure your rent payments are continuing to be made.

The full newsletter can be found here; http://node3.enews.fairtrading.nsw.gov.au/online/18209992-33.html

In case you didn't realise - Christmas is on again!

Every year it's not uncommon to hear the phrase 'I couldn't pay my rent, I had to buy the kids presents'.

Now I love Christmas. I love giving gifts and receiving gifts and absolutely everything that goes with Christmas, so please don't think me a Scrooge when I say what I'm about to say...

If you can't afford both rent and Christmas presents then maybe you should have a 'home made' Christmas this year. Seriously, what's more important? A dozen more cheap plastic toys or a roof over the kid's heads?

Christmas comes every year. Every year! I know this year has just flown by, but when we started it, you knew at the end of it there would be a Christmas. If there's any possibility that it's going to be a choice between Christmas and rent then you really should be putting a little money away every week to help out. It doesn't sneak up on you, it's the same day every year, it should not come as a surprise. Be prepared!

As a side note, your car registration/insurance comes every year too. Expect it!

Busy, busy, busy...

Holy dooley, I can't believe I let this blog fall so behind!

I'm going to try and get some more content as soon as possible.

Kyle Sandilands and his rented mansion

Do I have to say out loud what I really think of Kyle Sandilands?




He’s in the public eye, and seems to be constantly doing stupid things. Maybe it’s time he stepped back from the lime light, so if he wants to continue acting the way he does no one needs to know about it.

I won’t go in to all of the acts he’s done that leave me shaking my head, but naturally being the topic of this blog, I will talk about his latest performance.

Kyle has just vacated this $20,000 odd a month property, citing that there were ongoing repairs that weren’t being attended to. The main repair in question being that the septic tank is blocked.

Maintenance is definitely something that all landlords need to take care of as quickly as possible, and if what Mr. Sandilands is saying is correct, then he absolutely has every right to complain. However he has gone down the wrong – and immature – pathway of stopping the rent.

You must always pay your rent for your property. Always. Regardless of what else may be going on, the rent should be constant. It is not up to you to decide whether you deserve a rent reduction, it is up to a Tribunal Member, or even before that you might be able to negotiate a deduction with your landlord, but it’s not something you can just decide.

What Mr. Sandilands is claiming though, is that the property is no longer livable, so he handed the keys back in. Now there is such a thing as a frustrated lease, which literally means if the house is not livable, then there really can’t be a lease on it. So he may have something here, but all the time that you’re living in a property you need to be paying rent for it. According to the landlord Mr. Sandilands owes over $70,000, that’s a lot of unpaid rent, but could also include cleaning or damages that needed to be fixed up after he vacated.

Mr. Symington, the landlord agreed that there had been maintenance issues at the property – what property doesn’t? He also went as far as saying "There were problems with the septic system and its pump - but they were also contributed to because items such as tampons and baby wipes had been put down the toilet which they shouldn't have been.'' I sure hope he can prove that, as that will not only mean that Mr. Sandilands is responsible for the remainder of his lease, but also for the repair to the septic system.

I don’t have all the facts, however I hope that when this matter goes to tribunal next week that he is required to pay his back rent. He should be let out of his lease if the problems he’s reported exist, however he needs to learn that all the while he was in possession of the property, he owes money for it.

NSW Water Efficiency

As of January 31st 2011, a new set of legislation came into place in NSW. One main part to the new legislation was the requirement that houses be water efficient, if the landlord wanted the tenant to pay for their water usage.

Below is an excerpt from the NSW office of fair trading's newsletter The LetterBox which details these changes.

Paying for water charges

Landlords can pass on water usage charges to tenants provided all the following minimum criteria have been met:

The rental premises must be individually metered (or water is delivered by vehicle, such as those with water tanks on rural properties) and the charges must not exceed the amount billed for water usage by the water supplier and the rental premises must meet required 'water efficiency' standards.

A rental property is considered water efficient if it meets these standards:

Internal cold water taps and single mixer taps for kitchen sinks and bathroom hand basins must have a maximum flow rate of nine litres per minute.

Showerheads must have a maximum flow rate of nine litres per minute.

No leaking taps anywhere on the premises at the start of the tenancy or when the other water efficiency measures are installed.

If a landlord and tenant are entering a new agreement after 31 January 2011 the landlord needs to ensure the premises are water efficient in order to pass on water usage charges.

For all tenancies in place before 31 January 2011, the landlord has 12 months to make the premises water efficient. Tenants can continue to be asked to pay water usage charges during the transitional period even if the premises are not water efficient. After 31 January 2012, tenants can only be asked to pay if the premises have been made water efficient.


Answers to your water efficiency questions

Do I have to install water efficiency devices?

No. The installation of water efficiency devices is optional, however the Residential Tenancies Act 2010 states that if you wish to pass water usage charges on to tenants in a rental property, the property must be water efficient which includes the installation of water saving devices.

Are all water efficiency devices the same?

No. Water efficiency devices are given a WELS star rating based on the average flow rate that the device produces as defined in AS/NZS 6400. More information can be found on the WELS website (www.waterrating.gov.au).

How much notice do I need to give to my tenant to access the property to install the water efficiency measures?

You can access the premises at any time with the tenant’s consent. Otherwise, the law requires you to give the tenant at least 2 days notice to have access to carry out maintenance, such as installing water saving devices.

How often do I need to check the water efficiency measures?

The water efficiency measures should be installed at the start of the tenancy and noted on the ingoing condition report for the premises. You do not need to check the water efficiency devices during the tenancy.

If the existing tenant moves out, you will need to ensure the premises are water efficient when a new tenant moves in if you want to keep charging for water usage. If the previous tenant has removed the water efficiency devices, landlords are able to make a claim on their bond to recover the cost of reinstalling the devices.

My tenant does not want flow restrictors and is happy to sign a document saying they will pay for water. Can I do that?

No. Under the tenancy laws, a landlord cannot pass on water usage charges directly to their tenant unless the property has the required water efficiency measures in place for showerheads and certain taps. It may be useful to discuss the water efficiency requirements with your tenant and highlight the water and energy savings they will benefit from, once the property is water efficient. There are also many different types of flow restrictors you can install on your showerheads so that the quality of the water flow is not reduced.

Will water saving devices work with all hot water heaters?

No. Older style gravity fed hot water heaters (generally in the roof) do not provide adequate water pressure to enable a water saving shower device to work at its optimum and some instantaneous hot water heaters are also not compatible. Newer continuous flow models may work with water saving shower devices as most work with lower minimum flow requirements. If you are unsure, it is recommended that a plumber be consulted to advise whether a water saving device is suitable for each application before installation.

What if a water saving device doesn’t work with my hot water heater?

You are not required to install the water saving device. However, you are not able to pass on any water usage charges to a tenant if the property is not water efficient in accordance with the Residential Tenancies Act 2010.

How can I make the premises water efficient if the water saving device doesn’t work with my hot water heater?

You should consult a qualified plumber for advice. Options may include exchanging the hot water heater to a unit that is compatible with water saving devices.

If a landlord decides not to make their property water efficient, is the agent acting unlawfully in sending water invoices to the tenant knowing the property does not comply?

The agent in these circumstances may be in breach of the professional rules of conduct under the Property, Stock and Business Agents Regulation 2003. The rules state that an agent must deal honestly, fairly and professionally with all parties involved in a property transaction. Failing to comply with the rules of conduct can attract penalties and result in disciplinary action against the agent.

I was told I would have to pay for water usage but to date, have not been given a bill. Where do I stand if in nine months’ time I am handed a bill that is six months old?

You only have to pay the water usage if the landlord or agent gives you a copy of the part of the water bill setting out the water usage charges payable - or some other evidence showing how your usage was calculated - within 3 months of getting the bill.

Is the landlord able to install water efficient taps by themselves?

Yes. The landlord can install the water efficiency measures themselves or use a licensed plumber.

Do the premises have to be certified water efficient by a licensed plumber?

No. There is no requirement to provide a report from a plumber or the water supply authority certifying that the property is water efficient. The presence of the water efficiency measures needs to be noted on the ingoing condition report for the premises. It may also help to keep:

Invoices or file notes of work done
Receipts for any items bought
Packaging, warranties or instruction manuals.

Are there any rebates or Government bodies that offer a reduced rate for installing water efficiency measures?

Some local councils and water authorities offer rebates or other assistance to people who install devices which save on water and energy consumption and assist the environment. Some local councils run free showerhead exchange days and distribute Do-It-Yourself Water saving kits which include flow regulators and tap aerators. Contact your local council or water authority to inquire about assistance available in your area.

If the property has a bath, but no shower, do the bath taps have to be changed?

No. The water efficiency measures do not apply to bathtub taps.

Do the water efficiency measures apply to all internal taps, or only to some taps? Do they apply to external taps?

The water efficiency measures apply to showerheads and to internal cold water taps for the kitchen sink and bathroom hand basin. The requirements do not apply to other taps in the premises such as bathtub taps, laundry taps, outside taps for the garden, or taps for washing machines and dishwashers.

Who pays for the cost of installing water efficient taps? The tenant or the landlord?

The landlord is responsible for the cost of making the premises water efficient.


I think on the whole that this is a good idea, however there are a few issues I feel are a bit rough. For example, if your property has a gravity fed hot water system, but still lets out more then 9L per minute through the shower head, then you either need to install a new hot water system, or you can't charge for water, because flow restrictors can not be fitted to shower heads that feed from a gravity fed HWS...

I know this isn't much of an issue, as it is rare that gravity fed systems will have enough pressure to produce more then 9 litres of water per minute, however it does seem like it's a bit unreasonable.

What are your thoughts?

Maintenance Form - Spelling Mistake

Fail!



"I understand that your oven is not working Sir, but surely that's no reason to eat your bathroom door..."

Hoarding and Squalor

It has recently been brought to my attention that the specialist unit for hoarding and squalor is only available to people who live in major cities. (Sydney, Newcastle, Brisbane, Melbourne etc.) I can understand that there would be more people who require their help in the larger cities, but what I can't understand is why they can't find it in their budget to send someone out to the smaller towns once in a while to help out.

There are many companies that send out employees for training in rural areas, but for some reason the Government doesn't see fit to do the same for people who really need help.

Yes these are old photos, unfortunately it has just gotten worse.

I have never been able to understand how hoarding is defined. I can understand having a sentimental attachment to things that have come into your house, however I've never understood how that then turns into not cleaning and not putting things away. The house pictured above wouldn't be half as bad if things that are obviously rubbish - empty food containers etc. were thrown away, laundry was put away, groceries to be put away - the pantry in this property is practically empty, as the food items are strewn around the kitchen and lounge room, and if dishes were washed and put away. There is an unknown food substance that has been squished onto the kitchen floor, which has been there since before Christmas - what sentimental value does that have?!? Why can hoarders not clean up after themselves?

Hoarding has now been pigeon holed into a category defined as "Hoarding & Squalor" which does make more sense when it comes to the filth and the smell. However there is no clear cut diagnosis which says "Yes, this person has a disability which causes them to live like this."

There needs to be more done for people who live like this, either something as small as education/therapy or as severe as a forced clean out every month, which they need to fund themselves.

I had one tenant try and describe it to me as "If someone came into your house and said 'You need to get rid of half your belongings' you'd have trouble with it". I felt inclined to agree with her until I really thought about it. If someone told me it was either get rid of half my belongings or lose my house, you can bet half of my belongings would take no time to clear out.

Sorry this entry has been a little disjointed, I just find it so difficult to comprehend... If you, or anyone you know needs help with hoarding please try and get help. The damage it can cause to a property can not be undone.

http://www.swinburne.edu.au/lss/psychology/pc/compulsive-hoarding-group.html

NSW Residential Tenancies Act 2010

As I previously mentioned in a few of my posts, as of January 31st 2011 there were some significant changes made to the NSW Residential Tenancies Act. Below are a few of the key changes, and what they mean to you.

Notice Periods – The only notice periods to change, are in relation to the landlord ending a tenancy on “No Grounds” which has changes from 60 days notice, to 90 days notice and the “End of a fixed term” which has increased from 14 days to 30 days. However, once given notice, (any form of notice outside of the fixed term, not just the two mentioned above) the tenant now has the right to vacate the property any time on or before the vacate date. Which in essence means you could give your tenant 90 days notice, and the next day they could come in and drop the keys off. This is unlikely due to the time it takes to find alternate accommodation and pack up a house, but theoretically there’s nothing to stop it from happening.

Rental Bonds – 4 weeks rent is the maximum amount of bond that can be taken. Previously furnished properties used to be able to ask for 6 weeks, but this is no longer the case. Also you are no longer allowed to ask for “top up” amounts when the rent is increased. Owners and agents now have additional time in which to lodge the bonds with the Rental Bond Board.

Water Usage – In order to claim the water usage back from your tenant, the premises must contain the water efficiency measures prescribed by the Regulations
1) All internal cold water taps and single mixer taps on the premises (other than bathtub taps, garden taps, single hot water taps, toilets and taps for appliances) must have a maximum flow rate of 9 litres per minute.
2) All showerheads on the premises must have a maximum flow rate of 9 litres per minute.
3) There must be no leaking taps on the premises at the commence of the agreement.

· For water to be recoverable, a copy of the water bill setting out the usage charge must be provided to the tenant.
· The tenant must be given not less than 21 days to pay the account.
· If the landlord/agent does not provide and request payment of a bill by the tenant within 3 months from the date of issue of the account, the water usage will be unrecoverable by the landlord.
· If the landlord/agent has issued copies of the water usage account to the tenant and has sought payment within 3 months from the date of issue, the amount for usage will continue to be recoverable if not paid by the tenant.
· Any rebate received by the landlord with respect to the tenant’s water usage or an equivalent amount, must be passed on to the tenant.

Service of Notices – hand delivery of notices to the tenant’s letterbox is now an acceptable method of delivery of notices. This will save 3-4 days in the service of notices by mail.

Holding Fees – these deposits can only be charged once the tenant’s application has been approved. If the tenant withdraws, they will lose the entire fee.

Disclosure - owners/agents must disclose whether the property has a sales agency agreement or if the bank has served any reposession/foreclosure notices. You must disclose whether the house has been affected by bushfire or floods in the past 5 years. You must disclose if the property has been the scene of a serious violent crime, or if there is a serious health or safety risk at the property.

Break fee - a fixed penalty can now be applied for a tenant who seeks to break the lease prematurely ie within the lease term. This must be documented in the lease if it is not documented then a set break fee applies on a tiered scale.

Early Release without penalty – tenants are now permitted to end the fixed term if they accept an offer of public housing or move to a nursing home.

Sale of Rented Premises – two weeks notice must be given to the tenant prior to the placement of a notice for the sale of the property. Up to two inspections per week are permitted and further access can be negotiated.

Sub-letting – tenants will still require the owners consent to bring a new co-tenant into the property.

Domestic Violence – victims of domestic violence will have the right to change the locks to keep out the person listed on an AVO and to seek to take over the lease of the premises is their name is not already on the lease.

Rights of co-tenants – disputes between co-tenants can now be brought in front of the Rental Tribunal. Co-tenants can give 21 days notice to terminate the agreement outside of the fixed term. Operationally, this may mean that all persons listed on the tenancy agreement will need to give notice to terminate the lease.

The new legislation in it's entirety can be found here www.legislation.nsw.gov.au

Landlord Protection Insurance

The recent increase in natural disasters the World over has come as a wake-up call to many.



Landlords should be aware of their rights and responsibilities in the event of a natural disaster.

In NSW if damage is severe, and the property is unlivable, a tenancy can be ended. However, the agreement needs to be legally ended by one party and agreed to by the other.

Damage to the property must have been caused by the natural disaster and not due to the actions of the tenant or landlord/agent.

In cases where part of the premises has been damaged or destroyed, a rent reduction may be negotiated. Any reduction in rent must be negotiated by the tenant and the landlord/agent.

As well as the devastating effects on the lives of the people living in these affected areas, the question has to be asked – Are you covered for damage in the event of a natural disaster?

CHECK WITH YOUR INSURANCE COMPANY THAT YOU ARE COVERED!!

The most important thing to be aware of when checking if you are covered for disasters is the definitions of the elements of disaster damage. Some policies will specifically not cover flood, but will cover storm damage, including rainwater damage – it all comes down to what the definition of a ‘flood’ is in your policy.
It is better to be safe than sorry – check with your insurer today!

Vacation Notice

Just a heads up that over the next few weeks there will be very few - if any - posts.

I'm heading away for my wedding and honeymoon!!

However with all the new legislations that have just come into play in NSW, you can bet that more updates will follow shortly.

Have a happy Feb/March everyone!