Multiple maintenance issues!
Posted on 20. May, 2011 by Karen Herbert in Repairs & Maintenance
Q: I have been renting a unit in Queensland, Australia for the past 3 months. 2 months ago we discovered that water was leaking through a light fitting in the bathroom, we found this out as the light blew and when we undid it, water poured out. We submitted a letter to the real estate requesting it to be fixed. They sent a plumber who said water was leaking through because the tenants above us were doing washing on the floor and to monitor it. It continues to leak and we have made numerous calls to the real estate and nothing gets done! They hardly call back. Also, the lightbulbs in all the rooms continue to blow within days of being replaced, this is a highly dangerous situation and I am fed up on paying $295 a week for a rental which has barely functioning lights. Is it going to take myself getting electrocuted for them to take it seriously? What rights do we have? It is pathetic and the real estate are just palming us off!
Also, the day we moved in the toilet wasnt working which we chased up with a plumber because it took them over 2 days and with no communicationn back to us. Also, a bedroom door was supposed to be repaired and it still has not. What is my next action and what rights do i have?
A: Thank you for your query. You have done the right thing by notifying your agent of any maintenance in writing. This particular issue where water is leaking from the unit above into your unit also involves the body corporate and the owner or managing agent of the unit above. The tenant’s rights pertaining to this issue is that the lessor/agent:
Provides premises that are fit to live in and in a good state of repair; maintains the property, carrying out repairs as necessary during the tenancy;
If you are unable to resolve the outstanding maintenance issues directly with you property manager then I would suggest that you involve the RTA’s Dispute Resolution Service, this service is free of charge. The RTA’s conciliators will try to help resolve the dispute between yourself and the managing agent generally over the phone. To obtain a Dispute Resolution Request (Form 16) you can collect this from Australia Post outlets in Queensland or from the RTA website.
If your attempts at conciliation are unsuccessful another option is to issue your agent with a remedy breach (form 11). The lessor/agent is then responsible for arranging for the repairs to be carried out within a reasonable time.
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.

