What is your policy on repairs and maintenance?

In the past, maintenance requests and the lack of response from agents has been a major grievance for tenants. In addition to this, if requests are delayed or ignored, tenants may stop reporting problems altogether and will almost certainly vacate the property once the lease expires leaving a large repair bill before the property is ready to re-rent.

If problems are ignored the tenant may also be within their rights to apply to the court to have the lease agreement terminated and you will then have the expensive task of re-leasing the property as well as having to fix all the problems previously ignored in order to make the property habitable.

With this in mind, when maintenance is required we will always issue a work order immediately. We will send you an email to inform you of the problem and we will email the tenant to let them know we have instructed a tradesperson to contact them to arrange access.

By following this procedure we are keeping within the laws which dictate minimum response times and we are also keeping the tenant informed and happy as well as ultimately looking after your asset..

Happy tenants have a positive effect in the following ways:

• They are more likely to take better care of your property

• They are more accommodating to the needs of the owner e.g if you are selling or re-renting your property in the future, the tenant is more likely to allow access for viewings.

• They are likely to stay longer at the property which means you avoid the high fees associated with finding a new tenant on a regular basis.

Who is responsible for repairing my property?

You and your tenants have shared responsibilities. At the start of a tenancy, you must provide the premises to the tenant in a habitable and reasonable state of cleanliness and repair. The tenant must keep the premises clean and tidy and hand it back in a similar condition to how it was at the start of the agreement, taking into account normal use, in other words fair wear and tear. The tenant must not intentionally or negligently damage property and must notify you as soon as possible if any damage occurs.

You must keep the premises in a reasonable state of repair during the tenancy and comply with building, health and safety laws.

The tenant is responsible for basic household maintenance like replacing light globes, vacuuming, cleaning windows, dusting and removing cobwebs inside and out.

You are responsible for the upkeep of the property, for example plumbing and the maintenance of contents already provided such as the refrigerator, stove, washing machine or air conditioner.

If there is mould or mildew caused by faults in gutters or other fixtures, then you must fix it. On the other hand (where the property allows), the tenant must ensure there is adequate ventilation throughout to help avoid mould.

Who is responsible for maintaining the lawns and gardens?

You are responsible for major tree lopping, cutting back overhanging branches (such as those near power lines) and maintaining fire breaks.

Your tenant is responsible for garden maintenance, such as mowing and edging lawns, weeding and pruning. You should provide them with the necessary hoses, sprinklers etc.

You are responsible for normal maintenance to any garden reticulation system. Delays in dealing with maintenance problems can lead to claims from your tenant that the lawns or gardens suffered damage because they were unable to water them properly. The tenant may still be responsible for hand watering the garden where it is reasonable to do so.

The tenant should advise you if they notice a water leak (if they don’t and the leak is obvious to them, they may be liable for the costs of water lost). Once you’ve been told the water is leaking, you are responsible for the cost of any water lost.

If the property is provided with luscious landscaped gardens with an abundance of plants and lawn that requires a lot of water, you may wish to consider agreeing to pay a portion of the water usage as this can be a great source of resentment from tenants.

In a town such as Port Hedland where people have jobs with long hours, the majority of tenants do not want to have to spend their spare time attending to the gardens of their rental home. It is always best to provide the rental property with attractive but low maintenance grounds which will avoid any conflict of this type. Gardens that require a lot of care may be detrimental to the properties rent-ability as tenants who are not green fingered may avoid renting the property altogether. However, a certain amount of lawn area can also be desirable for tenants who have children.

Who is responsible for the reticulation and watering restrictions?

Western Australia operates restrictions on the use of automatic watering systems to reduce water use. The water corporation may issue a fine to any owner whose property is found to be watering outside of their restricted times.

If the house number of your rental property is an even number you are allowed to water on even days of the month. If the house number of your rental property is an odd number you are allowed to water on odd days of the month. Your sprinkler system must only be active on the days allocated during the hours before 9am or after 6pm.

For up to date information on water rostering days please go to:

http://www.watercorporation.com.au/save-water/watering-days

Who is responsible for paying a watering restriction fine?

It is the owners responsibility to pay the fine unless it can otherwise be proved that the tenant has tampered with the system and changed the watering days or times. This is very hard to prove as there could also be outside factors which have caused the system to re-set such as a power outage.

Most tenants will not attempt to change the system unless they feel aggrieved by the amount of water which is being used at the property as the cost of water usage is their responsibility.

Before the start of a tenancy, it is a good idea to leave clear instructions on the proper use of any reticulation system. In addition, your tenant should always have access to the system’s timer box. Setting and locking the timer yourself means your tenant has no control over the system – and can argue that because of your unnecessary use of water, you should pay the costs. If you prefer to have sole access to the automatic reticulation system it is a good idea to contribute to a percentage of the water costs. Whatever is decided should be clearly written into Part C of the tenancy agreement before signing.

Who is responsible for general wear and tear?

General wear and tear that occurs from tenants just living in a property is expected and legislation provides that it be allowed. A few extra marks and scuffs on the walls, some chips and scratches to doors and doorways will occur over time, along with the gradual wear of everything that is in the property. You will be responsible for costs arising from “fair wear and tear”.

Sometimes it is difficult to agree what is normal fair wear and tear and what is wilful and neglectful damage by the tenant. The following examples may help to explain the difference:

Fair Wear and Tear – lessor is liable

• Carpet wear in corridors or other areas from general use.

• A lock broke because it was old and had worn out.

• Paint flaking because it is old or not applied properly.

• Curtains faded from years of exposure to sunlight.

Neglectful Damage – tenant is liable

• Stains or burns from things dropped or placed on carpets.

• The tenant forgot the key and broke a lock to get in.

• Mould/mildew has formed because the dwelling was not aired adequately.

• The tenant’s pet tears the curtains

The only time a tenant can be held responsible is if wear and tear is considered ‘excessive’ for the time frame that the tenant has been in possession. For example, a newly painted property with walls severely marked after 2 years resulting in the walls having to be painted again may not be allowed as ‘reasonable’ wear and tear. In a tribunal this type of situation, if proved, could result with the tenant paying for the painting to be done, minus any depreciation for the age of the paintwork at that point in time when it was repainted again.

A general rule which we follow is that painting and floor coverings should expect around an 8 year lifespan before they would expect to be re-painted or replaced. The same could also be said for window treatments. Please also be aware of any fixtures and fittings which are impractical and can easily get damaged during operation e.g metal venetian blinds can easily buckle out of shape especially when used on sliding patio doors and other doorways – because of this impractical use it could be argued in court that it is not the tenants responsibility to replace when damaged.

Please also refer to our Residential Tenancies Act quotes in Section 2 of this handbook for specific legislation on these issue.

What if the tenant is at fault?

If a tenant has caused damage to an item that is not the result of normal break down or wear and tear, or a problem has occurred due to the tenants neglect, this will be charged to the tenant.

We nurture good relationships with our trades-people and they would not hesitate to let us know if the problem has been caused by the tenant.

In such cases you would be expected to pay the cost of the maintenance initially in order to keep a good working relationship with our trades-people. We would obtain a written report to show it was the tenants responsibility, invoice the tenant the cost and then reimburse you once the fee is collected.

Who is responsible for pest control at the property?

The tenant is required to take regular basic pest prevention measures such as proper storage of food and using sprays and baits at their own cost.

As a general rule, any outbreak or infestation (of rats, mice, possums, cockroaches, termites, ants, spiders, wasps or bees), requiring attention by a pest control operator is your responsibility and not the tenant’s.

In the first instance where a pest problem is reported we would inform the tenant that it is their responsibility to treat the problem using sprays, traps, poison etc which is available at general retail stores. If the problem persists and the tenant deems it an infestation we would then organise for a pest control operator to attend. If it is found by the operator that the problem was not in fact a major “infestation” and could have easily been treated by the tenant or the infestation was caused through their own activities or their pets, the cost will be passed on to the tenant.

Should I get my property regularly checked for termites?

Yes! We strongly recommend all of our clients choose a pest control service and request that they regularly check your property for termite activity at the frequency they recommend, usually annually.

We do not automatically organize these regular pest inspections on your behalf unless requested to do so in writing. 

Please note, it may be a general exclusion of building insurance policies that damage to your property caused by termites is not covered (not insurable). Therefore regular checking is the best way to prevent termite damage, or at least attempt to identify warning signs that termites are creating damage.

Without this the damage could be substantial and very costly to rectify.