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Baby Get Shaky!
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  Reply # 1007751 17-Mar-2014 23:45
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raytaylor: Personally I would stop paying, but put the payments aside so you can pay in a lump sum once it has been resolved.

- Send a 14 day notice to remedy
- State the total amount of damage to clothes, furniture and belongings and subtract a one off total from the rent. Eg. If you lost $300 of clothing because it was leaking through a closet, then delay payments until you have credited yourself the correct amount to offset the damage. A customer of mine was telling me last week he ended up having to bill the landlord when their pump broke and brown water went into the washing machine and household plumbing and damaged a load of washing.
- State that if the issues are resolved within 14 days, the outstanding full amount of rent will be paid in a lump sum
- If they require more than 14 days to remedy from the date of the notice, they will need to reduce the rent to an acceptable level (thats acceptable to you)
- You will not resume any payments until the situation has been remedied and that they will be paid in full if resolved within 14 days (so you give them an opportunity to call you a nice person) and at this point, the payments may be delayed further to offset damage to clothing, furniture and belongings.


A suggested acceptable level, if it takes longer than 14 days in my opinion would be
 - Measure up the square metres you can no longer occupy or place furniture
 - Take this as a percentage of the total house floor space and reduce the rent by the same percentage
 - If a room such as a bedroom cannot be occupied because too much of the floor is damage, or you cannot move around in the room, take the whole room size as lost square metres, rather than just the portion.
 - Payments will still be delayed until you have credited your bond back, and if not resolved in 30 days you will be moving out. If resolved within 30 days, the bond will be repaid to them in full.


Two things you will want to have for the tennancy tribunal if it reaches that point
- Make sure you get lots of photos and video clips showing soggy carpet.
- Keep the cash so you can say you are acting in good faith, and in a reasonable manor so you can pay it in a lump sum if they resolve it within the 14 or 30 day timeframe, or if you loose your tribunal case. Ensure you can show bank statements showing you are transferring the correct amounts into a secondary account to prove that you are keeping the money aside for them. 


All well and good but as Aredwood said, don't stop paying rent. This is not a case where an 'eye for an eye' attitude will work out best for OP. The OP needs to take the advice given (best described by Aredwood and provided by the DBH's website) and follow due process, eg a notice to remedy, mediation than tenancy tribunal if needed. Not paying rent or reducing rent based on unusable space is not a legal option for the tenant yet, they will only end up coping it in the long run.

OP, please call DBH so they can confirm the best course of action and/or speak to Community Law.

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  Reply # 1007784 18-Mar-2014 07:16
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Again, you have to determine if the house is livable

Give an example, my dad had a rental that had damp carpets in most of the house.

Tenants said they are not paying rent until he fixes it or they will take him to tribunal

Scared him so much he let them go

This was managed by property managers




Swype on iOS is detrimental to accurate typing. Apologies in advance.


 
 
 
 


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  Reply # 1007785 18-Mar-2014 07:16
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They lived there rent free for nearly a year btw




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  Reply # 1010646 21-Mar-2014 15:01
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As of today, still no progress. No work done on the roof or flashing (second leak).

I am about to send them a 14 day notice, as suggested. I have had to hassle them every day to get any verbal progress. I was promised a visit on Monday, it is now FRIDAY.

On Tuesday or Wednesday, I outlined all of my issues to a manager and very firmly requested a permanent rent reduction of $50, until everything is sorted. I was being EXTREMELY generous as I did not want the hassle of taking it further. They promised to ask the owner, which apparently they have, but have not herd back from them. As of Today, still no word, so as far as im concerned I have been very lenient.

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  Reply # 1010687 21-Mar-2014 16:17
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ArcticSilver: As of today, still no progress. No work done on the roof or flashing (second leak).

I am about to send them a 14 day notice, as suggested. I have had to hassle them every day to get any verbal progress. I was promised a visit on Monday, it is now FRIDAY.

On Tuesday or Wednesday, I outlined all of my issues to a manager and very firmly requested a permanent rent reduction of $50, until everything is sorted. I was being EXTREMELY generous as I did not want the hassle of taking it further. They promised to ask the owner, which apparently they have, but have not herd back from them. As of Today, still no word, so as far as im concerned I have been very lenient.


You have been painfully patient, well done to you for your reasonable approach. Serve the 14 day notice, and I think I'd contact the tenancy tribunal and seek additional damages. 


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  Reply # 1010726 21-Mar-2014 17:02
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Stop paying rent after the 14 days make it clear in your letter?




Swype on iOS is detrimental to accurate typing. Apologies in advance.




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  Reply # 1010730 21-Mar-2014 17:15
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joker97: Stop paying rent after the 14 days make it clear in your letter?


It is not legally binding, so that is not an option, as it would be us in breech of our contract.

If they do not do the repairs in the 14 days we'll take it to the tenancy tribunal, which is legally binding.

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  Reply # 1010732 21-Mar-2014 17:18
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Sounds better




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