Thread: Real estate/tenants/landlords legal question

Originally Posted by big guy

The other thing is, who the heck leaves all that crap as noted on the floor anyhow, that sounds suss to me in the first place, laptop on the floor, that is just a accident waiting to happen.
Good luck

I agree it does sound a bit suss. Christmas coming up and they just happen to lose a lot of things that would be a nice Christmas Present.
Not saying it is suss but just think about the way it looks.

Ivan

The house is a 3 story share house, they are young single people with no kids and being an older house, there are no floor drains so nowhere for the water to go except onto the carpet. They have everything under the bed which, granted, is stupid, however they are not going to be there forever so didn't want to outlay for furniture like cupboards etc.

It is a good point about the drains though - as an older house there is probably no rule to say it has to be up to spec with these things (eg new houses that require water tanks plumbed to the toilet but no laws requiring retrofit of older houses)

Worth looking into though.

Originally Posted by big guy

Pipes can break, its that easy.
globes can burn out and sewers can get blocked.

Main point is why did it flood and that is his only cause of action.

Wet areas nust have drainage and if the landlord is found negligent in that area, that is where he can possibly get compensation.
I have 3 rental properties and if I get a call I will fix any issues straight away or in one case, the tenant is very handy and he fixes and I give him beer.
Nice arrangement only problem is beer is not tax deductable

The other thing is, who the heck leaves all that crap as noted on the floor anyhow, that sounds suss to me in the first place, laptop on the floor, that is just a accident waiting to happen.

Good luck

I had rental properties, residential and commercial/industrial for around thirty years. Agents and tenants give me the tom tits properly. Agents are liars and cheats, practice nepotism and corrupt backhanders from repair trades. Tenants have rights by law. Well, I consider they have the right to pay rent on time, in full, and the right to not damage my property other than fair wear and tear.

I finally decided I was getting too old to be physically chucking tenants out on their asses on my own, and the incompetence and dishonesty of the agents finally got to me. So I took my capital gain and put it in cash type investments and are most happy with the reduction in stress.

When I managed and maintained the properties myself, this was a good business. Not so good when you are a long way away and have an agent managing the properties, collecting (or not) the rent, and arranging repairs and maintenance by their mates and rellies.

A nice Australian-Sicilian family, neighbours from my growing up days in New Farm, have around 150 houses, units, flats, manage and maintain them themselves. The third generation are now the team on the ground. Four brothers, all over 6' and built like Primo Carnera. The guy in my school class is second generation and tells me they still physically chuck tenants out. "What about the Residential Tenancies Act" says I. "We are poor dumb dagoes who don't speak English and don't know the law" says Mario. "Isn't Sebastiano a barrister" says I. "Yes, so is Rossi. Saves a bundle in court costs if we ever need them. Anyway, the bad tenants are gone, we have their bond and their furniture and so on to send to auction." says Mario " What about if the tenants go to the coppers?" says I. "They don't go to the coppers as they usually have unpaid fines and warrants" says Mario. "Anyhow, we are good friends with the police".

Tennants problem, pure and simple unfortunately for your friends.

Landlord is responsible for carrying out repairs and ensuring the dwelling is habitable.
Public liability,building insurance and basic contents i.e carpets and fixtures are Landlords responsibility and in the NT, only the Public liability is mandatory in a legal setting.
Tennants contents are not the responsibility of a Landlord.

The issue of floor drains is irrelevant if the house complied with building codes at the time of construction. Even if the house didnt comply, the Tennants would have to go to court and prove that floor drains would have saved their belongings and that it would be reasonable for the Landlord to have been aware of this and was knowingly negligent in its rectification.
The description of flooding the entire level and items 3 inches tall etc. would suggest that the entire dwelling would have been severely damaged and damages would account for much more than the apparent items.

cheers