Landlord Refuses to Repair Dishwasher

Ltimbo1987 on 30/05/2018 - 06:54

I have lived in a unit for the last 3 years. My lease expired way back, and I have been on a rolling month to month since by default. Recently the dishwasher knob snapped off through wear and tear. Naturally I asked the real estate to get it repaired. After the usual delay of talking to the landlord, they agreed to do it and said they'd send a repairman over. They then followed up a few days later saying the landlord would only get it repaired if I signed a new lease for 12 months (at an increased rent).

Is this legal?

Home & Garden Landlord

Comments

  • Nugs on 30/05/2018 - 07:13
    +4

    sounds like a negotiation…..

    .

  • theHMASfriendship on 30/05/2018 - 07:18
    +14

    Thanks for choosing Australia's foremost bargains website for your query rather than your state's tenancy union or association.

    • Scrooge McDuck on 30/05/2018 - 12:00
      +3

      Hhhhmmm, a government department which will take an age before giving you an ineffectual response. Or a public forum where users may provide real world advice within the day from which everyone else can learn…

      There's no need to even choose one or the other.

      • D C on 30/05/2018 - 18:12
        +3

        Or a public forum where users…

        Are armchair lawyers, bitter landlords, bitter tenants, trolls or just general idiots.

        Some of us tick all the boxes!

        (And ignore the OP completely to go off onto our own special side-track.)

  • Gronk on 30/05/2018 - 07:24
    +4

    Well, you're on month to month so you could give 28 days notice and be on your way if the arrangement doesn't suit.

  • Pumpkin_rrr on 30/05/2018 - 07:25
    +1

    If the knob affects the performance of the dishwasher, tell them you want compensation.

    • kipps on 30/05/2018 - 07:43
      +6

      And promptly receive a notice of termination of periodic lease in response.

      • Pumpkin_rrr on 30/05/2018 - 07:47

        But they would still be liable for the compensation, only if it affects performance.
        Above all, OP doesn’t mind moving-out, Lease is on monthly anyway.

        • Gronk on 30/05/2018 - 17:34
          +1

          tell them you want compensation.

          We're not talking about a heater or hot water service dying in the middle of winter - it's a dishwasher, which is considered a non-essential item in the eyes of the law.

          Yes, if the property is equipped with certain amenities then it's up to the landlord to fix them should they break, but unless it's an essential item you cannot force this, even through VCAT.

          Compensation…. aw jeez, my sides…

        • jimbobaus on 31/05/2018 - 06:38
          +1

          @Gronk:
          This is completely wrong. The law in Victoria is quite clear. If an appliance is present at the commencement of a tenancy they landlord has an obligation to ensure it remains in working order.

          If the dishwasher was there when OP moved in they have a right to expect it to be repaired and VCAT will force the landlord to do so.

          It is also illegal in VIC to increase rent as a result of a repair request. Rent can however be increased only after a minimum of 6 months from a previous rent increase and only with 60 days notice in writing.

          If the OP gets a rent increase letter,there is a box you can tick on the bottom of the form to request a rent review. Waning though the review can result in an increase larger than was being requested by landlord as they take into account true market factors etc. If you haven’t had an increase in the last 3 years and the increase is not that large cop it sweet or fight it.

        • Gronk on 31/05/2018 - 10:14
          +2

          @jimbobaus:

          If the dishwasher was there when OP moved in they have a right to expect it to be repaired and VCAT will force the landlord to do so.

          You've obviously never been through that process before, because I can assure you it is nowhere near that straight forward. Taking someone to VCAT not only costs money, but it takes a significant time commitment from the plaintiff.

          It is also illegal in VIC to increase rent as a result of a repair request. Rent can however be increased only after a minimum of 6 months from a previous rent increase and only with 60 days notice in writing.

          Well, yes, but how are you going to prove that the repair is conditional upon re-signing the lease? There are any number of ways the agent and landlord can obfuscate this situation given I'm guessing this advice was given verbally.

          The law is quite clear, that's not in dipute, but you're being naive if you think that's exactly how things will go down if push comes to shove.

        • jimbobaus on 31/05/2018 - 12:31

          @Gronk:

          Never been through the process?
          I am a landlord of multiple properties in Vic
          I have certainly been through the process.

        • Gronk on 31/05/2018 - 13:43
          +2

          @jimbobaus:

          Yes, but from a completely different perspective to where OP is coming from.

          The balance of power definitely favours landlords in today's market.

  • tomsco on 30/05/2018 - 07:28

    Start the breach notice process so you can leave without penalty.

    • Pumpkin_rrr on 30/05/2018 - 07:48

      Penalty for what?

    • JimmyF on 30/05/2018 - 08:19

      OP is on month2month lease….

      • tomsco on 30/05/2018 - 09:50
        -1

        Haha, I know. It was more a petty response as the OP has come here rather than a tenancy union.

        • theHMASfriendship on 30/05/2018 - 10:13
          +2

          Perhaps we could help OP find some bargains

    • Gronk on 30/05/2018 - 17:30

      Start the breach notice process so you can leave without penalty.

      The basis for the breach being?

    • tranter on 30/05/2018 - 07:33
      +13

      No

    • try2bhelpful on 30/05/2018 - 08:04
      +1

      By your logic they are responsible for the hotwater system replacement, the shower, the flooring, everything. I will buy a rental property and you can move in - I would like someone else to pay the maintenance for it.

      • CyberMurning on 30/05/2018 - 09:04
        -1

        of course no they are different. they part of the building and the place you rent.
        this is same like light bulb. broke after normal usage after years. then of course tenant is responsible to change.

        • tre180 on 30/05/2018 - 09:36
          +3

          A light bulb is a disposable, easily replaceable item. Do you replace the handle on your dishwasher often??

        • try2bhelpful on 30/05/2018 - 18:16
          +1

          This is more like if the knob on the built in heater was broken. It is part of the amenities provided under the rental agreement and is covered by the landlord. If I was a landlord I would be happy to have the lightbulb replaced by the tenant but I would be less sanguine to have the tenant making their own repairs to the dishwasher.

  • EightImmortals on 30/05/2018 - 07:47
    +4

    How much is the rent increase vs replacing the knob yourself?

    • JimmyF on 30/05/2018 - 08:19
      +1

      I'm with this guy….. OP what is the dishwasher model?

    • ozzpete on 31/05/2018 - 00:56

      Exactly. Might be cheaper to replace dishwasher knob (or glue the old 1 back on) yourself. Rather than the rent increase.
      Only OP must consider also, if something else breaks (which is not legal or health essential item) , then landlord may say the same again. If you want me to fix this, sign new lease and rent increase.
      OP might get away with same rent for many years, so could be better off in the long run.
      I believe the landlord could not refuse urgent or health related repairs, or essential things such as running water, toilet that works, electricity, roof that doesn't leak.

  • Freitag on 30/05/2018 - 08:18
    +1

    If there's room in the garage to store the old one, it could be cheaper to buy your own dishwasher second hand rather than see the rent go up. then just take it with you or sell it when you leave.

    • try2bhelpful on 30/05/2018 - 18:18
      +3

      You can buy standalone dishwashers, as well. Small ones can sit on the benchtop - we used one of those for a while when we rented places. I wouldn't be mucking around with removing the landlords dishwasher.

  • [Deactivated] on 30/05/2018 - 08:22
    +5

    Just use the sink, that’s what it was designed for.

  • GourmetFoodie on 30/05/2018 - 08:30
    +4

    You are dealing with 2 separate issues here and they should be treated very differently - and you should clearly communicate that back to the agent and landlord. Don't accept blackmail BS.

    1. Dishwasher. Non urgent repair notice - download and lodge immediately via registered post to agent. Not sure what state you are in but assume must have a similar process. In Vic it's 14 days to fix non urgent repair otherwise you can take them to VCAT.

    2. Lease negotiation. Is the rent increase fair? You can usually submit for an independent review and if it's unfair, they will not allow the increase to happen. If you know you are paying under market though, you have to decide whether to suck it up to stay. The second element is length of contract. Depends what you want, if you want to stay month to month but you know you're paying undermarket, maybe you say you'll pay more but only if you can stay month to month.

    • o53djz7qTPY4der on 30/05/2018 - 10:09

      This.

      I'd go back and list them as seperate issues.

      I'm not sure they can say "I'll only fix it if you do X". That's not how it works.

      However, they could ask you to leave but you could challenge this with the relevant authority.

    • dave999 on 30/05/2018 - 12:15

      While they are separate issues, the tenant is not on a lease so the landlord has every right to raise the rent - and that is what the landlord has said they will do.

    • timbo1987 on 03/06/2018 - 21:39

      This is what I pointed out to the real estate, and he agreed. It'll be fixed irrespective of whether or not I renew the lease. Case closed.

  • Typical16-bitEnjoyer on 30/05/2018 - 08:36

    Key question - does the dishwasher still work?

    • [Deactivated] on 30/05/2018 - 08:41
      +3

      Well, she is employed but I'm not sure how much work she actually does.

      • CyberMurning on 30/05/2018 - 09:03

        are we talking about a wife here?

        • try2bhelpful on 30/05/2018 - 09:19

          If she reads the comment he is talking about the "ex-wife"

        • ausdday on 30/05/2018 - 09:19

          cos not. It's either dishwasher, or husband. Never a wife.

      • Scrooge McDuck on 30/05/2018 - 12:08
        +2

        Well, she is employed but I'm not sure how much work she actually does.

        Apparently she's not great at taking care of knobs. I'd find someone else.

        • [Deactivated] on 30/05/2018 - 12:49
          +1

          Judging by the fact the knob is broken, she may not know how to take care of it, but she sure as hell works it.

        • try2bhelpful on 30/05/2018 - 18:19

          @tshow: The appropriately named Lorena Bobbitt.

  • Typical16-bitEnjoyer on 30/05/2018 - 09:09
    +3

    I just realised OP is the same OP as the GoGet post. Bad day huh?

    • dogboy on 30/05/2018 - 09:18

      #FirstWorldProblems

  • bobbified on 30/05/2018 - 09:31

    It's a knob fight!!!

  • Randxyz123 on 30/05/2018 - 11:07
    +1

    What do you mean the knob has broken ?

    Can it be easily replaced or repaired or is it something that requires a new dishwasher?

    Maybe contact the manufacturer. If it’s a $30 part it’s not worth involving the agent / land lord

    Can you post pics?

  • [Deactivated] on 30/05/2018 - 15:04
    +1

    it's easy to break a knob if you play with it too much

  • timbo1987 on 30/05/2018 - 20:04
    -1

    Thanks for a combination of useful advice, sarcasm, trolling and stream of consciousness.

    So, to answer all of the above.
    1. I don't want to extend the lease as I want to move out in a couple of months
    2. I don't want to use the sink obviously because I'd rather than not spend an hour a day washing dishes
    3. The knob has snapped off - it's possible to turn with some pliers, but it's very fiddly to get purchase, and it's Russian roulette as to which wash I am going to get.
    4. It's a 1 bedroom unit so I don't have space for another, nor a garage
    5. The dishwasher is old and shitty - I'd say at least 10 years. If they wanted to rent it out to someone else, they'd 100% need to fix it anyway.

    • Typical16-bitEnjoyer on 30/05/2018 - 20:18
      +2

      What were you initially expecting? Serious question.

      • o53djz7qTPY4der on 31/05/2018 - 03:03
        +2

        Do your washing up by hand for the next couple of months. It's really not much longer than loading and unloading the dishwasher anyway.

        /Problem solved.

      • boomramada on 31/05/2018 - 09:09
        +1

        suck it up for next few months.

        • dpr on 06/06/2018 - 09:12
          +1

          I agree. As if it takes an hour to hand wash dishes daily.

    • tomsco on 31/05/2018 - 10:03

      When you say a couple of months, do you have a fixed date? Or is it vague?

      What is the termination period in your state? If it lines up with a date you are planning on moving, just say you won't sign the lease and continue to demand they fix the knob.

    • Randxyz123 on 31/05/2018 - 21:50
      +2

      I don't want to extend the lease as I want to move out in a couple of months

      I don't want to use the sink obviously because I'd rather than not spend an hour a day washing dishes

      Just deal with it till then. Find a new place ASAP.

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