24/05/2014
Tenants V's Owner - Rights and Responsibilities
This is an age old debate, and many people have thought it was too complicated to understand - when it really isn't.
When a tenant occupies a property they are responsible for maintaining that property to a set standard and are responsible for the day to day usage and upkeep.
This means the tenant is responsible for; maintaining lawns, maintaining cleanliness, and basic maintenance of facilities, I.E Pumping of the septic when it becomes required from your usage and cleaning of your flue / chimney yearly.
A tenant is not responsible for repairs or up-keep unless the repair is required because of damage caused by the tenant, intentional or not. Fair wear and tear is to be expected.
What is fair wear and tear?
A reasonable person would consider that fair wear and tear is damage that naturally and inevitably occurs as a result of normal wear or aging I.E slight marks on flooring or walls that has occurred naturally (So not your child's prized art piece drawn lovingly on the wall, just for you to have a heart attack over!)
When it comes to wood heaters, a reasonable persons interpretation would include;
~ Marks and discolouration of the door glass,
~ Door rope to loose effectiveness
~ Some heaters will have some slight form of discolouration after use - especially if relatively new.
~ Discolouration of the flue - most noticeable when the flue is new
~ Marks on the hearth surrounding the fireplace.
While in the instance of wood heating it could be argued that any deterioration of a flue or wood heater is fair wear and tear, all home owners with wood heating are aware that it does deteriorate and will at some stage require replacement, and most are happy to do so to ensure their home will be covered by insurance as it is well maintained should something happen.
What if the owner argues that its fair wear and tear or the tenants responsibility to replace?
In Tasmania in the case of urgent repairs (such as repairs to an essential service like a hot water system) a tenant is to notify the owner immediately the need for the repair arises (s33). If the owner is unable to be contacted or fails to act within 24 hours of being notified, a tenant can arrange for the nominated repairer to restore the essential service to functioning level. If the owner has failed to provide a list of nominated repairers, the tenant may arrange for a suitably qualified repairer to do the required work. The suitable repairer may then repair the problem to a workable condition only. The owner is then obliged to reimburse the tenant these costs within 14 days of the account being paid. When a nominated repairer is not available and a tenant cannot afford the option of employing a suitable repairer, a tenant can seek an order for repairs in the Magistrates Court, Civil Division.
Essential services include:
•water
•sewerage
•removal of waste water from kitchens, bathrooms and laundries
•electricity
•heating
•cooking stove
•hot water service
You are entitled to have your home heated. If there is substantial damage to your wood heater and/or flue and we advise not to use it due to the increased risk of causing a house fire, it is considered an urgent repair - more so perhaps in winter than in summer, and is the responsibility of the owner.
If you are a tenant and we advise that either;
a) The flue or wood-heater requires immediate replacement, and usage in the current condition is likely to cause fire or smoke damage
b) The flue or wood-heater will require replacement in an approximate time frame
c) The flue or wood-heater is unsafe for use for any reason and we would recommend repairs
We will place it in a letter to your landlord or agent, and are happy to send you a copy for yourself to keep.
If the tenant receives advise that the owner is refusing to repair then we advise seeking an order for repairs in the Magistrates Court, Civil Division.
The tenant has the responsibility to each and every year have the wood-heater, flue/chimney or combustion stove cleaned and inspected at their expense.
The tenant must be able to prove this to the landlord, and we advise sending them the receipt and keeping a copy for yourself.
Should a tenant fail to maintain the heater yearly, then they may incur the fee or part of the fee for replacement of a flue or wood heater as it could be seen that no reasonable maintenance has occurred resulting in damage to property that would have continued to function normally.
SO;
Have your flue or Chimney and Wood-heater inspected and cleaned every year to not only maintain it, but more importantly for your families safety.
