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Are you aware of the Housing Improvement Act 1940 and the Residential Tenancies Act 1995? If you are a Landlord you MUST be conversant with these Acts, and if not then take the advice of your Property Manager. Owning and renting out a property comes with legal responsibilities with which a good Property Manager will be fully aware.
Recently, Amkar Real Estate took over the property management of a home that had been in the hands of another agent for two months – untenanted. The home could not be put forward for rent according to the Housing Improvement Act 1940. However, the owner was not aware of that and their previous Property Manager had not advised the owner of their responsibilities.
Not only was the owner losing rent but also they were not advised to fix issues they were legally bound to put right. The result could have been that the owner would have been prosecuted and fined, not the Property Manager. That property has now come under the Property Management of Amal Khodair-Vemana from Amkar Real Estate who correctly advised the Landlord what needed to be fixed. The property was subsequently rented on the first open inspection.
Several defects will cause a dwelling to be classified as non-compliant. This means the home cannot be rented until these defects are fixed. This is the responsibility of the Landlord. Defects include;
– cracked walls
– walls affected by damp
– damaged or sagging ceilings
– a roof that leaks
– uneven or inadequately supported floors
– defective plumbing, electrical or gas services
– inadequate kitchen, bathroom, laundry or toilet facilities
– contaminated water supply
– lack of clean water suitable for human consumption
A Landlord is responsible in a tenanted property for other repairs and cleanliness. The property must be in a reasonable state of cleanliness prior to occupation by a Tenant. Doors and locks must be secure and in good working order. If white goods, such as an oven, air-conditioning, gas heating or other mechanical features are present they must be in good working order unless specifically identified in the lease.
Conversely, a Tenant cannot demand a Landlord provide additional features to what was originally in the property at the time it was rented. For example, if no air-conditioning was present when the property was rented, the Tenant cannot demand the Landlord supply air-conditioning.
Landlords have 24hrs to fix urgent issues and a ‘reasonable timeframe’ to fix minor issues. Neither a Landlord nor a Tenant may unreasonably withhold their consent. That doesn’t mean a Landlord can access the property without due notice to the Tenant or permission from the Tenant. The peace and comfort of the Tenant must be upheld, according to the Residential Tenancies Act 1995.
A good Property Manager will be fully conversant with all Acts and regulations regarding your role as a Landlord and the responsibilities of Tenants. If you would like to discuss any aspects of Property Management please contact Amal Khodair-Vemana on 0401 242 352 or e-mail firstname.lastname@example.org for a no-obligation chat.