Tips on Appliance Repair and Replacement Legislation
All too often Property Owners will consider inserting a special condition into the tenancy agreement regarding appliances, against the advice of their Property Manager. These special agreements state that, should an appliance cease operating during the tenancy, the Landlord will not repair or replace them. This type of clause can shock tenants when they find that their stove or oven stops working and the Landlord refuses to fix it. Many tenants simply think they are stuck and have to foot the bill themselves. However, this is not the case, the tenant could seek compensation against the property owner for the refusal.
According to Queensland legislation, these appliance repair and replacement clauses that Landlords attempt to sneak in are in breach of tenancy legislation. The legislation requires landlords to repair and replace all appliances that cease working, and, were supplied at the start of the tenancy. In most cases, tenants will be entitled to compensation if these protections are breached.
To avoid breaching this legislation as a Landlord, or how to avoid this issue as a tenant, we have some tips to help.
For Landlords, we suggest that, if you do have an appliance installed in the property, you do not attempt to contract out repair and replacement provisions in the tenancy agreement. These clauses can simply not be upheld and will increase the chances of compensation being awarded against you.
Landlords should instead be prompt with repairs and replacements. As soon as you have been notified by your property manager or tenant of a problem with the appliances in your property you should begin the repair or replacement process. Maintain open communication with your property manager and tenant in case of any delays that may be out of your control. By following the legislation and maintaining open communication you will find that the entire process will be smooth and easy, minimising the risk of having to pay the tenant compensation.
Tenants should read the tenancy agreement carefully, noting if the Landlord has added a special condition regarding appliance repair and replacement. If they have, mention this to the property manager and Landlord, stating the legislation protections surrounding appliance repair and replacement.
As a property owner, it is essential that you partner with a good property manager to assist you in ensuring that you follow legislation. By taking their advice you can avoid having to pay compensation to your tenants for any breaches you would have otherwise made. If your property manager does not advise you on this, perhaps it is time to change property managers. For a property manager with advice that you can trust have a chat with Link Living today.