Repairs & Light Bulbs
Posted on 07. Oct, 2009 by Karen Herbert in Repairs & Maintenance
Q: I own some rental properties in Brisbane and when I renovate them, I generally put in halogen down or spot lights. My property manager has told me that it’s my responsibility to replace them if they’re too high or have a non-standard fitting. She says it’s a grey area. Can you clarify what the real situation is, as I’m getting annoyed at changing globes for tenants when it’s easy for them to do.
A: Unfortunately, the changing of light bulbs is a “grey area” as far as the legislation is concerned. There is no legislation that insists that a tenant is responsible for changing light bulbs, halogen, and recess or other; however, a tenant is responsible to hand the property back in the condition in which it was given to them.
The Residential Tenancies Authority who administer the Act, do advise however, that it is best practice not to have tenants climbing up on ladders, due to the possibility of liability issues. For example, should the tenant fall from a ladder whilst attempting to change a light bulb, that is situated on a slippery bathroom tiled floor and injure them, it could potentially mean a claim on your public liability insurance.
You may insist that the tenant pay for a tradesperson to change the light bulb, however, should the tenant feel that this is unfair; he has the right to place the matter into dispute with the RTA for mediation between the parties. Should the matter not be resolved by the RTA, then the tenant has the right to file for a hearing with the Small Claims Tribunal and have a Magistrate make a decision. The costs involved for you should the matter proceed to Small Claims Court, would probably far out way the cost of having a maintenance man attend to the changing of a light bulb.
At the end of the day, the legislation deems, “what is reasonable” in these matters. The role of a managing agent, is to act within the legislation and pass on the advice from the governing bodies and hopefully come up with a “win, win” situation for all parties involved.
Karen Herbert is the Principal of Position One, based in Brisbane, Australia. For further information or help with renting out and managing your property, please visit the Position One website.
