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Once you have signed the lease, the landlord must respect your right to peace and quiet. There are occasions and circumstances however where the landlord will require and have the right to access the property. Reasonable requests and notices should be made for access between 8am-7pm and not on Sundays or Public Holidays. The landlord or authorised party representing the landlord cannot generally obtain access to the property without notice being given to you. The amount of notice required to be given to you varies and can be waived or changed by your consent.
Circumstances requiring access include:
- To conduct a general inspection of the condition of the property. Usually you will be given a weeks notice.
- To carry out necessary repairs. A shorter notice of 2 or 3 days is more likely and it would be convenient for you to get these done as soon as possible anyway.
- Urgent or emergency repairs may not need any notice.
- The landlord may wish to sell the property, in which case inspections will be required by potential purchasers on a reasonable number of occasions.
- Once you have given or been given notice to end the lease, the landlord will need to seek a new tenant, in which case inspections will be required by potential new tenants on a reasonable number of occasions.
- If the property has been abandoned or the landlord has good reason to believe it has been abandoned.
- If a tribunal or other governing authority requires access.
- In the event you consider the requests or access conditions over burdening you can find out what the rules and guidelines are by contacting the relevant department or office in your state.
When you move into a property, the landlord is required to provide it in good clean condition so that you can start living in the property. The condition of the property is relative to the age and style of the property and how much you are paying in rent. It is unreasonable to expect that the landlord will attend to every minor problem or imperfection in the property, but the landlord is obliged to arrange for any necessary or urgent repairs required. These include repairs for:
- Blocked or broken plumbing eg. burst water pipes, blocked toilet
- Physical damage to the property causing compromised living conditions eg. serious roof leaks, broken windows, flooding
- Failure of services for water, gas, electricity
- Faults or damage to the property rendering it unsafe or not secure eg. gas leaks, fire damage, broken locks
If you need repairs carried out or safety concerns addressed (eg. broken or loose locks), first refer to the lease document to see what protocol or conditions have been agreed. Keep a written record of all discussions, costs and actions for possible future reference, and follow these general guidelines:
- Speak to the landlord or property manager about the repair needed.
- The landlord may arrange for the problem to be fixed or it is possible that the landlord or property manager authorises you to arrange repairs and then be reimbursed by the landlord. You must first speak to the landlord or property manager before spending money on repairs, and note that repairs must be deemed urgent or necessary for safe and secure living in the property.
- Make your own record on what was agreed.
- Allow access to get the repair or problem fixed.
- If the matter is not being addressed or resolved adequately within a reasonable timeframe, you should follow-up with the landlord or property manager and write a letter if necessary explaining your concerns.
If this does not help, you can approach the relevant Tribunal in your state for an order to complete the work and provide for the premises to be maintained in good safe and secure condition. It will be your responsibility to prove that the premises are unsafe or unsecured. It is always best to fully communicate and discuss the process with your property manager before exercising any third party actions.
In the event of extensive damage, such as storm damage, whereby the premises become uninhabitable, either party can give notice to cancel the lease or you can move out whilst repairs are undertaken. If you move out for good, the rent payments normally stop on the day you have moved out or can't inhabit the premises and any advance payments are generally refunded to you. If you move out temporarily, the rent may be waived or reduced for the period you have not been in the premises, or for the degree of inconvenience, subject to the terms of the lease, or as agreed between you and the landlord at the time.
It is the responsibility of the landlord to service and maintain appliances such as gas and water heaters. Do not attempt your own or unauthorised repairs to fixed appliances, water heaters, gas appliances or electrical faults. Discuss these issues with the landlord to obtain professional service.
During times of repair or dispute, do not stop paying rent unless agreed in writing by the landlord or if it is a term of the lease. The act of not paying rent will breach the terms of your lease agreement, resulting in possible termination.
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