Builders Require Access to My Rental Apartment to Remedy Non Compliant Structure

Liluvtofu on 09/03/2019 - 23:04
Last edited 10/03/2019 - 07:12 by 1 other user

I am renting and have been living in my apartment for approximately 18 months. My contract was never renewed after the first 12 months and I’m currently paying month to month.

The next part is difficult to explain so bear with me. I am situated on the first floor and my balcony is larger than most, as it wraps around two sides of my apartment like a terrace (my apartments is situated on a corner of the building). Because of this, the owner in the past turned a portion of the balcony/terrace into a sunroom (2.8m x 2.7m) - added glass slide doors, floorboards, curtains, large cupboard, light, power point, etc. Turns out that the landlord never sought approval from the body corporate to build the additional room and my real estate agent has recently contacted me to state that they will need to send builders in to completely remove this.

Here are some concerns:

  1. The real estate agent said they can get builders in as early as 21 March (less than 2 weeks’ notice) and they will need several days to complete everything. I work full time and not comfortable letting random people roam freely in my absence. I’m not sure I can get annual leave on short notice as it is currently a busy period. I also don’t really want to use my annual leave for such purposes.
    Working from home may not be possible as I tend to see clients face to face and even if I could make arrangements, e.g. conduct meeting via phone conference, I’m not sure this would be a viable solution as I assume there will be a lot of noise from the builders and deconstruction of the room.

  2. I pay $xxx amount a week in rent. At the end of April my rent is supposed to go up $20 a week but the real estate agent stated they are happy to waive this fee for the time being due to this inconvenience. Is this sufficient compensation given I lose a whole room (which I actually use) and probably have to take time off at some stage for this to occur?

  3. Another option is to move out but I need to give notice and this will probably need to be completed before i vacate the premises. Again, I'm inconvenienced and out of pocket due to moving arrangements.

I understand that this needs to be done. However, I feel I am a victim and disadvantaged from the landlord’s past actions. Hoping to get some guidance on how to proceed with next steps.

Thanks in advance.

Home & Garden

Comments

  • Donaldhump on 09/03/2019 - 23:18
    +17

    1.) Give the one month notice and move out

    2.) tell them you aren’t home during the week and the builders can remove once you vacate or do it on weekends at owners extra expense. I wouldn’t let anyone in whilst I’m not there, and no way in hell would I use my leave to supervise this.the real estate can supervise this or the owner can pay someone of your choosing to take time off and supervise this.

    3.j the builders can remove this using outside access only, ie a ladder

    Or demand a week free rent

    • iluvtofu on 10/03/2019 - 00:07
      +1

      Thanks for the advice. My real estate agent communicated these intentions a little before 5pm on Friday (not a great way to start the weekend) and I've been looking online at other properties since and also attempted to attend an inspection this morning. The real estate agent was a no show though :(

      I will take option 2 into consideration and also your comment about week free rent. Do you know if there's precedents around this?

      However, for option 3, I think my apartment is a good 4-5 metres from ground so I doubt this would be feasible for builders and their tools and it appears to me to be a big job (e.g. removing floorboards, metal, glass, etc.).

      I don't want to be difficult either but my hands are tied and it's a fairly difficult situation I find myself in.

      • [Deactivated] on 10/03/2019 - 01:35
        +4

        I will take option 2 into consideration and also your comment about week free rent. Do you know if there's precedents around this?

        You don't need precedence when you have leverage. The landlord has clearly broken some very basic and common building codes. Tell them you expect compensation for the inconvenience.

        If there's this magnitude of building code violations, I am sure there's more questionable changes to the property like power points and plumbing.

        Ps. Whilst I would expect compensation, I wouldn't call this "victimised".

    • kingmw on 10/03/2019 - 08:25
      +3

      1) You can probably terminate the contract immediately as the landlord has breached his contract (rental agreement) with you. But you still need to find alternative acccomodation.

    • Some Human on 10/03/2019 - 03:39
      +9

      So I guess you’d be quite happy to let random strangers through your house when you’re not home?
      OP has every right to be concerned. I know I would personally be concerned they might touch/rummage through/break or steal my stuff. Unlikely, I admit, but still possible.

    • Dreamcast on 10/03/2019 - 20:37

      This guy…

    • snook on 10/03/2019 - 22:32

      I agree with you.

      Contractors don't give a rats arse about your stuff. They want to get the job done and get onto the next one.

      Princesses

    • smartazz104 on 10/03/2019 - 23:41
      +4

      OP is asking for his place, you seem to be confusing it with yours.

    • iluvtofu on 11/03/2019 - 17:22

      I don't own much but the possessions I own, I value and try ti take very good care of. As such, I proceed with caution.

      And though it's unlikely they will touch/rummage/break/steal, the risk is still there. My cousin recently had renovations done to his house and locked up all his belongings in one room. Unfortunately, it didn't stop the thieves from helping themselves.

  • Presence on 09/03/2019 - 23:39
    +12

    Surely you rent should be reduced as you no longer have use of the room as when you inspected the property?

    This sounds like a huge case of 'not my problem' and the landlord should be dealing with it entirely.

    • iluvtofu on 10/03/2019 - 00:17
      +4

      Yes I agree rent should be reduced and I think the real estate agent is trying to sell off "waiving the rent increase" as a positive. They don't lose any revenue and I'm disadvantaged in any case.

      • HighAndDry on 11/03/2019 - 10:42

        Depends. You're disadvantaged, but if rent should have gone up, you're effectively paying $20 less. Whether that's enough to set-off losing an entire room though…

        • iluvtofu on 11/03/2019 - 11:22

          Could be coincidence but I think the rent increase, only issued several weeks earlier, is a strategic play. Either way, I don’t think that’s enough to offset losing an entire room as you suggested.

  • [Deactivated] on 10/03/2019 - 01:25
    +3

    You're paying month to month so there's mutually no obligation to keep this arrangement going.

    If you're not happy with the rental you're currently paying and/or the changes to the property, renegotiate or move out.

    You can refuse the workers coming in if there's insufficient notice. This will probably expedite the termination of the lease but as mentioned, no obligation.

    You're not "disadvantaged" or worse still, "victimised".

  • whooah1979 on 10/03/2019 - 04:30
    +5

    It sounds like it's time to look for a new place to live.

  • holdenmg on 10/03/2019 - 06:00
    +2

    Take some photos before they start on any of this with your stuff in situ so if you later need to demonstrate how things were or the inconvenience etc.

  • Seraphin7 on 10/03/2019 - 08:53
    +6

    1. In all seriousness, just put valuables away and let them get on with it. These guys aren't interested in your stuff. If you're really concerned, just tell the real estate agent you don't want these guys being given keys, etc. Just tell them you'll let them in before you go to work (specify the time), but don't want them accessing the place otherwise.

    2. This is actually where the core issue is. I'd be claiming that you have suffered loss of amenity by this room being removed and it should therefore reduce the rent, not just see a temporary hold on the rent increase. You should be claiming that there is a material difference in what you have agreed to rent. Attempt to negotiate a lesser rent. Be aware that there is no requirement on the landlord for this, and since you are out of lease it may be a trigger for your eviction.

    3. That seems an extreme response simply because you don't want a couple of days of "inconvenience".

    It is important to note that tenants cannot refuse essential works be carried out. I'm not au fait with the particulars of this, but you simply can't refuse access. You can negotiate the terms of that access, but simply saying "you don't want it done" won't cut it.

    As others have said, you are not "a victim", nor are you "disadvantaged" beyond some inconvenience regarding the works and possibly some loss of amenity as described above. While the nature of this is unusual, various building/remedial works have to take place from time to time. Tenants, landlords and agents need to find a way to make it work together. Kicking up a stink because tradies need to work at your place for a couple of days is not a fight that's worth having.

    • Hardlyworkin on 10/03/2019 - 11:46

      Spot on. To his credit, OP did change the title to take out the victim tag. Mountain out of a molehill.

  • o53djz7qTPY4der on 10/03/2019 - 09:20
    +3

    This is how I would deal with it.

    I too would not be comfortable with the tradies there whilst I was at work. Nor would I take annual leave to keep an eye on them. As this is the owner's problem I'd make this offer.

    1) The tradies can come but the owner/agent must be present when they are there - the tradies are not to be left unoccupied in the premises. Furthermore, due to a loss of amenity not only will I expect no rent increase but also a decrease of $x per-week.
    2) If the owner does not want to or can't be present then the tradies can commence the work once I have vacated the premises. As such, here is my X-number of days notice. You can even offer to leave early if that suits both parties (presuming you negotiate a non-penalty).

    You have to be prepared to leave the place though. This is the only way you will get the desired outcome for you. The owner will probably just say, "ok, leave. I'll do it once you're gone" - end of story.

    If it were me, I'd leave and try to negotiate a week's free rent to cover your costs.

    I did this once with a rental that went bad - long story - but ultimately we got the lease terminated three months in with no penalty, two weeks free rent (covered our moving costs) and a reference for a new place.

    • whooah1979 on 10/03/2019 - 09:37
      +6

      There is no risk in renting.

      • [Deactivated] on 10/03/2019 - 09:39
        +1

        I know there is a risk if you try and hang a picture in a rented property 😁

        • whooah1979 on 10/03/2019 - 09:40
          +2

          Use 3M hooks.

          • [Deactivated] on 10/03/2019 - 09:41

            @whooah1979: That sticky shit doesn't always work. Haven't you seen the Terri Scheer ads.

    • havebeerbelywillsumo on 10/03/2019 - 11:39
      +6

      Harsh and unhelpful on a seemingly sincere request for assistance which is why I negged ya.

    • NeeKeeTa on 10/03/2019 - 11:44
      +3

      @TightBottom

      For your info, tenants do have the right of privacy and quiet enjoyment of the premises. The landlord is responsible to respect aforementioned rights of the tenants, and is obliged to compensate for the loss of aforementioned rights of the tenants. So educate yourself before giving people false information.

      OP: You seem to be living in Melbourne. Make sure to contact Tenants Victoria @ https://www.tuv.org.au/contact/ to seek legal advice. They promote and protect the rights of tenants in Victoria, for free.

      • iluvtofu on 10/03/2019 - 11:54
        +1

        Thank you for the details. I will look further into this.

        • NeeKeeTa on 10/03/2019 - 12:04
          +1

          You're welcome.

          Moreover, the landlord is responsible for maintaining the property in the same state that it was in when the tenant moved in, otherwise, they need to compensate for losing the amenities by reducing the rent for the rest of the tenancy. You are losing a sunroom, which means you need to be compensated for that too.

          Disclaimer: I'm not a lawyer, and my advise does not constitute legal advice. :)

  • elgrande on 10/03/2019 - 09:46
    +4

    I would be seeking a rent reduction due to the loss of one room. Trust me, the owner is hoping you don't ask, which is why he agreed to "waive the rent increase for now."

    • whooah1979 on 10/03/2019 - 10:35
      -1

      Was the sunroom included in the lease?

      • [Deactivated] on 10/03/2019 - 11:06
        +9

        How could it not be included?

      • iluvtofu on 10/03/2019 - 11:55

        Yes it is.

        • whooah1979 on 10/03/2019 - 12:03

          You may have the option to ask for compensation for the loss of the sunroom or give notice to vacate.

      • [Deactivated] on 10/03/2019 - 12:03
        +1

        Is the rental increase timing merely coincidental or strategic so that the landlord had something to give you for any inconvenience in light of the required building works?

        • iluvtofu on 10/03/2019 - 12:13

          The rental increase was issued early Feb. However my suspicion is that the real estate knew that this had to occur prior to this. They haven’t really been transparent.

      • smartazz104 on 10/03/2019 - 23:42

        Nah it was thrown in for free.

        • elgrande on 11/03/2019 - 20:15
          +1

          Like a mobile phone plan.. 6gb + 12gb bonus sunroom

  • Pumpkin_rrr on 10/03/2019 - 12:04
    +1

    Since Day One they have rented a non-compliant property to you. Just move out when you can and they can do:the work after. You can even try to claim removal cost. I really doubt they can or will take action against you. And if they do, I doubt the Court will rule in their favor.

    The challenging part is to find a new place. Cast your net as far and wide as possible.

    Good luck with everything, you poor thing!

    • NeeKeeTa on 10/03/2019 - 12:20

      The OP does not have to move out though, nor they can be forced out

      • HighAndDry on 11/03/2019 - 10:43

        They're on a month-to-month. They can absolutely be forced out.

        • [Deactivated] on 11/03/2019 - 12:06

          They can't be "forced out". They can be served a notice to vacate and given 28 days to do so.

          • HighAndDry on 11/03/2019 - 12:19

            @[Deactivated]: So they can be forced to vacate after being served notice and 28 days?

            • [Deactivated] on 11/03/2019 - 12:22
              +1

              @HighAndDry: Not if you decide to drag your feet. They will have to take you to VCAT. It's not that easy to get rid of a tenant who doesn't want to leave.

              • HighAndDry on 11/03/2019 - 12:43

                @[Deactivated]: OP is in NSW. And they still can, it's a matter of time. Also, hope OP never wants to rent again in that case.

    • iluvtofu on 10/03/2019 - 15:05

      Thanks Pumpkin_rrr.

      • [Deactivated] on 11/03/2019 - 12:10
        +1

        Does that mean you "luv" tofu AND pumpkin now? :b I once had a tofu and pumpkin curry and it wasn't half as bad as I thought it would be. But I digress as usual…

        OP, moving is a PITA but not as much as having to deal with a dodgy landlord. Personally, I would move but good luck with whatever you choose to do.

  • holdenmg on 10/03/2019 - 13:12

    How did the subsequent non-compliance become an issue.

    Is the owner actually having to make it comply now because they want (or need) to sell?

    • iluvtofu on 10/03/2019 - 15:16
      +1

      The room has been up for more than 2 years now but a couple of months ago, there was a leak discovered and the root cause appears to be from the room. The leak has already been fixed.

      I do believe the landlord wants to keep the apartment and expressed they are very happy with me residing there. They always comment that I keep it very clean.

      • loropy9 on 10/03/2019 - 19:03
        +3

        The rental market is very soft and the landlord is likely to grant you some concessions. Work out the area lost with the room and use it to calculate the percentage of rent reduction you’d like in your new contract. Also ask for free rent for each day they do the demolition and then maybe be flexible around your willingness to let them in while you are away. This will be a good incentive for them to expedite the work. Put everything in writing, at least an email as this is evidence for the tribunal.

        • iluvtofu on 10/03/2019 - 19:22

          Thanks loropy9. I will take your advice into consideration

  • DiscoJango on 10/03/2019 - 19:45
    +1

    ah, the good ol 5pm email, so the other person doesnt have a chance to reply or call until the next weekday morning, good trick!

    dont let them bully you, just google your states renters rights, get some facts and figures, and email them back. you can also get them to contact your landlord if no solution is found

    i too would no way in hell let RANDOM trades openly walk around my house for several weeks, thats madness

    an alternate theory, if the landlord wants to keep you, is you temp move out, they pay all relocation and housing fees, and once fixed, you move back in. might be unlikely, just depends on the rental market and how hard it is to find tenants. i know apartments are saturated in melbourne at the moment, plenty of empty ones with no renters to pay their mortgages :)

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