Unresponsive Real Estate Agent - What Are My Options?

Mia03 on 18/11/2019 - 12:34
Last edited 18/11/2019 - 13:03 by 1 other user

We started renting a new apartment in July 2019. The apartment had an air-conditioning unit and I even asked the agent about it- she assured me that it would be working and all set up before we move in (it was a brand new apartment). We moved in but it wasn't set up.

I've advised the real estate agent about the missing aircon on multiple days (11 July, 7th August, 30th August, 3rd September, 12 September, 15th October and 22nd October 2019). I've told her that we have no heating or cooling in the unit as the air-conditioning unit is missing. To date, no action has been taken.

I've asked for compensation for non-usage of these facilities that I've paid for. I demanded a 10% rent refund on the rent that I've already paid and for the rent to be reduced by 10% until the air-conditioning unit is fixed. The only response I've received from the agent is this "We've forwarded your email to the owner and will get back to you when we get a response". We've not received any response till date. I'm now thinking of applying to NCAT. My questions are:

  1. I talked with a tenants organization and they asked me to go to NCAT. NCAT has loads of bad reviews and it's $50 to lodge a case- is this the right option for me?
  2. Am I being stingy by asking for compensation? Is 10% reasonable?

To be honest, it's not the money but the fact that they've completely ignored me for so long. Thank you :)

Home & Garden Real Estate Rental Property

Comments

  • spackbace on 18/11/2019 - 12:37
    +19

    I had this issue with a past rental. Same arguments. When I finally learnt my rights as a tenant, and that it was covered under a major fault, and I put that in writing, a new aircon unit turned up about 2 days later.

    When you start quoting the regulations to them, they finally take notice. Until then they don't give a shit

    Urgent repairs

    Urgent repairs means any work needed to repair any of the following:

    • a failure or breakdown of the gas, electricity or water supply
    • a failure or breakdown of any essential service for hot water, cooking, heating, cooling or laundering
    • any fault or damage that makes the premises unsafe or insecure
    • serious damage from a natural disaster.

    Urgent repairs

    Urgent repairs include:

    • a burst water service or a serious water service leak
    • a blocked or broken toilet
    • a serious roof leak
    • a gas leak
    • a dangerous electrical fault
    • flooding or serious flood damage
    • serious storm or fire damage
    • a failure or breakdown of the gas, electricity or water supply to the premises
    • a failure or breakdown of the hot water service
    • a failure or breakdown of the stove or oven
    • a failure or breakdown of a heater or air-conditioner
    • a fault or damage which makes the premises unsafe or insecure.
    • Ash-Say on 18/11/2019 - 12:42
      +1

      My cousin recently experienced similar issue in rental property where they were promised empty shed and car space but they didn't get anything after moved in. There was no traction from RA despite of repeated reminder.

      Eventually they lodged NCAT case and they got massive discount in their rent and RA is also going to empty shed and provide car space.

      • spackbace on 18/11/2019 - 12:45
        +1

        See, I'd rather just threaten to take it further, but send links to the above sites. Fair Trading is very particular about the air-conditiong, and being a government website is particularly damning.

        Being a major fault, afaik the REA doesn't even need to contact the owner, they just do it and charge them. The owner doesn't get to reject it.

        I'd be sending a properly worded email, with links and quotes to above sites, to not only the REA but the Manager/Owner of the company (usually easy to find on their websites), to really get their attention. Tell them you don't mind taking a day off to get this sorted. It's likely they won't want to take the day off just to go to court for a case they'd lose.

        • ssquid on 18/11/2019 - 19:47
          +3

          The problem is it involves actual work, which most property managers will do anything to avoid since they're used to getting checks for just sitting on their bums. That's why it takes drastic action to get them moving.

    • 6000SUX on 18/11/2019 - 12:54

      +1
      You're in a good position considering. I'd take the advise above about the rights being a tenant and give them a dated deadline.
      Personally i'd follow through should they miss that deadline - but the threat should wake them up

      Good luck and let us know how you go

    • brendanm on 18/11/2019 - 13:26
      +1

      This. Learn your rights and how to enforce them.

    • Gronk on 18/11/2019 - 15:40

      This must vary state by state.

      We had similar issues with a previous rental, when I investigated I found that air conditioning is not considered an essential service in VIC and therefore the landlord cannot be compelled to take action - heating is a different story.

    • onetwothreefour on 18/11/2019 - 15:44
      +2

      Playing devil's advocate here but your links above both say a "failure or breakdown", technically that hasn't happened as it's not even set up yet.

  • Skramit on 18/11/2019 - 12:43
    +5

    I would write a more formal letter (than an email) in MS Word with correct letter formatting, stating the above rules around repairs. Advise they have 7 days to fix the siutation or an NCAT claim will be lodged. Request the refund of a very specific figure, not a vague 10%. Attach the letter to your email.

    Also attach the evidence where it shows the apartment comes with A/C e.g. the for rent advert or emails with the REA.

    FYI VCAT/NCAT etc often rule that the application fee is paid for by the respondent when found to be in the wrong. This happened to me BTW.

    10% Refund of rent seems reasonable. How much does this roughly equate to? Couple hundred or couple thousand? Looks like roughly 6 months worth?

  • Typical16-bitEnjoyer on 18/11/2019 - 12:54

    Your post mentions email.

    Have you picked up the phone and called them?

    • 6000SUX on 18/11/2019 - 12:59

      Good point. Plus the name of the agent allocated to your property (assuming there is one).
      I'd enquire about the 7 emails MIA.

      Small chance this has slipped through the net?

      • Typical16-bitEnjoyer on 18/11/2019 - 13:03

        Emails are easy to ignore. Phone calls are not. If the agent ducks your call then call the principal.

        • Hybroid on 18/11/2019 - 13:12
          +2

          I would pop into the branch at this rate and demand a suitable resolution, then confirm it back in writing when home.

    • spackbace on 18/11/2019 - 13:09
      +5

      Emails are better. Paper trail is better

      • Typical16-bitEnjoyer on 18/11/2019 - 13:11
        +1

        Emails are good initially. It documents the issue.

        Getting the actual issue rectified tho is far quicker and better by phone :)

    • Mia03 on 19/11/2019 - 08:24

      I have called them many times. Our property manager is either not at work or travelling.

  • RubenM on 18/11/2019 - 13:19

    I'm a landlord, I would want my PM to attend issues like this within a week, but obviously if it needs replacing it might take a little longer. But I'd think that having a replacement within three weeks (one week to get quotes and two weeks for the work) would be reasonable.
    Reduce the rent you're paying now. I would have actually gone for more than 10%, especially if it has been too warm/cold in the apartment.

    • one man clan on 18/11/2019 - 13:35

      Yeah 10% is a lowball figure, I'd expect more

      • godofpizza on 18/11/2019 - 14:54
        +1

        considering it a new apartment that AC would be repaired under warranty?

    • dane45 on 19/11/2019 - 14:47

      Reduce the rent you're paying now.

      Tenants unions strongly advise against underpayment of rent and rent strikes without formal orders from the tribunal. Do not do this.

  • zedz on 18/11/2019 - 13:19
    +2

    I have been to NCAT as a landlord in respect to the air conditioning. I do have some tips due to personal experience.

    • Ensure you have copies of emails and phone calls. (Emails are better)
    • Threaten to go to NCAT with a list of the breaches of the Residential Tenancies Act. Know exactly which part of the act is breached. ie An order under Section 44(1)(b) to start off with. And as other people have mentioned, give a deadline for what needs to be done and if no action is done by that date, say you will go to NCAT.
    • Consider also if this is an urgent repair (NSW's increasing temperatures, this possible could be classed as urgent).
    • NCAT's system is highly geared towards the tenant. An advocate can sit in with you on all negotiations.

    I would advise it is better to avoid this though and get them to either do the repairs or reduce the rent (until the air conditioning is fixed) without involving NCAT, mainly because it is rather an unpleasant experience for all involved.

  • [Deactivated] on 18/11/2019 - 15:17
    +1

    I would draw them a picture of a shed and car with MS paint and mention ACCC, ASIO, CSIRO… pretty much any agency with acronyms or even just make them up.

    • spackbace on 18/11/2019 - 15:29
      +1

      For aircon? I mean, I'm sure they'd love to receive a picture to brighten their day, but I don't think the shed is relevant to OP ;)

      • [Deactivated] on 18/11/2019 - 15:37
        +4

        I speed read too much these days that I forget who said what :P.

        You can always draw an aircon, and an angry sun with vapours coming off the tin roof, and no lines of air coming out of the aircon.

        Stick men with x.x eyes will definitely raise urgency.

  • elgrande on 18/11/2019 - 15:29

    Does your building have a building manager or on site maintenance during the initial handover of appartments? Given its a new appartment the aircon should have been commissioned by the builder.

  • jjjaar on 18/11/2019 - 16:58
    +1

    Just stop paying rent. They’ll contact you immediately.

    • ssquid on 18/11/2019 - 19:50
      +2

      That's how you get evicted for non-payment. A formal breach notice is the first step.

      • jjjaar on 18/11/2019 - 22:43

        Well sure. But do you really wanna live there if you’re never gonna get a response for something being faulty?

        • ssquid on 19/11/2019 - 02:48
          +2

          Do you want to get blacklisted and not be able to rent anywhere else?

  • OzHunterNSW on 19/11/2019 - 11:10

    1: Ring the Dep of Fair Trading and obtain advice and specific Residential Tenancy n0:42 Section codes they have breached, and 187.? for compensation.
    2: Ring the New South Wales NCAT for similar advice.
    Go to their web site, down load the appropriate Application.
    Fill in with your side of the story, and include the Sections of the Act you wish to be addressed.
    You do not need solicitor… you do not need legal aid… it is all a simple process.

    Your land lord is in the wrong… The Tribunal will assess the case, and award you compensation.

  • preferredusername on 19/11/2019 - 15:32
    +1

    I'm in VIC and have had a similar issue. I also called (as some others have suggested), but the office was equally unhelpful. I found with VCAT you can begin lodging a case and it gives you a case number (without proceeding to payment yet). So I e-mailed them and quoted the regulations along with my VCAT case number and what do you know, my bond was returned within 2 hours! I'm sure it was a happy coincidence ;)

    Hope you can get a resolution soon.

  • Mia03 on 20/11/2019 - 14:50

    I got a call for the real estate agent after I asked her for the business name and ABN. Told me to wait until the end of next week. I'm happy to wait another week but I will still demand compensation for my loss of the use of facilites for the last 4+ months.

    Thanks for all of your input- I'll keep you all posted.

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