Validity of Landlord Requests

Hi all,

I'm currently renting and have a very personally present landlord. He likes to attend all installations, repairs, etc in person (often with his wife).
He is a nice man, conversational and polite. We like where we live, and have thus tried to make sure we look after his property and his interests.

My question stems from the fact that at every occasion when he visits he sends through a lists of critical requests for my wife and I to correct regarding the cleanliness or maintenance of the home.

Things like:
1) When a segment of fence blew down in the wind he visited, repaired the fence, and requested we keep the front gate and front wire door closed at all times lest we weaken the fence further (implying it was out fault for not having the gate permanently closed). He was unhappy with our pruning of the bushes and trees and requested we prune them back further in keeping with his standards.
2) When he came by to check our stovetop (we think it's broken) he sent an email a few days later via agent requesting we clean the stovetop, oven and mow the back lawn and send through picture evidence of completion of such.

These are not isolated occasions. Again, for the record, we would like to remain on good terms with this man. I recognise it is his investment, and that he has a vested interest in its proper care and cleanliness. However, I feel like demands for correction of perceived cleanliness issues shouldn't be routine outside of planned inspection periods. Sometimes I feel like emailing back asking them to send me a picture of their stovetop at any given moment to prove it is immaculate…

Please note that we are a young family, with small children (and associated mess), but live well within what could be termed 'reasonable' cleanliness the majority of the time.

I've tried to find guidelines on the Vic gov website or otherwise, but there's not much on the subject.
Can he make demands like those above outside of inspection dates? Are we being overly sensitive and should just suck it up and do as asked?
Hoping that someone from the brains trust might know more about the subject than I.

Thanks in advance.

Comments

  • +10

    He likes to attend all installations, repairs, etc in person (often with his wife).

    How often does this happen? I thought inspections were meant to be no more than once every six months or so?

    • +8

      Formal inspections occur as scheduled - every 6 months roughly. These impromptu requests come any time there is an issue with the property. For instance if we were to let the agent know about a leak in the roof, he would come along with a contractor (or just by himself) to look and possibly correct the issue and shortly thereafter (a few days usually) we'll get an email from the agent saying he's requested we fix up some things regarding the cleanliness of the property.

      So for clarity, the incidents I'm talking about are NOT related to scheduled inspections.

      • +21

        Follow these steps

        1. Email the following to the real estate agent

        'As far as I understand it is within the landlords right to enter the premises as long as he gives me the reason for entering, written notice, and doesn't stay longer than is necessary to achieve the purpose of the entry. However, it seems like he is entering the property on the premise of rectifying an issue, then leveraging that entry to also perform an inspection.

        If these requests continue, I will consider the visit as one of the 2 annual inspections allowed. Any more than that would be deemed unreasonable.

        Kind Regards'

        Credit: @AThousandMistakes

        2. Enjoy

        Tenants Victoria say:

        To carry out a routine inspection but the first inspection can only be done after you have lived at the property for at least 3 months, then only once every 6 months after that, at least 7 days written notice is required.

      • You have a right to quiet enjoyment of your home by law. Rental providers (landlords) and real estate agents have some rights of entry, but must follow the laws about when and how they can enter your home. If they do not, you do not have to let them in.

        More details here:

        https://tenantsvic.org.au/advice/during-your-tenancy/privacy….

    • +24

      Yeah, you're not renting a house to be babysat by the owner.

      They can have their quarterly inspections etc, but any more frequent than that then it gets a bit ridiculous.

      • Completely agreed, but I'm not sure how much the law supports that view. Hence my post

        • +22

          Maybe comply with the requirements today but send a message in the email saying something along the lines of

          "we're happy to maintain the place in line with your standards however any assessments can be made at the quarterly inspections and we'll rectify anything that is picked up at these. We acknowledge that the landowner has an investment property to look after, but we, as the tenant respectfully ask for some privacy and space to continue to look after your home"

          Admittedly i'd rather a landlord that ensures that the home is fixed rather than one that fobs it off to the useless property managers

        • +12

          It's worth having a chat to the real estate agent about whether he/she thinks it's reasonable for the landlord to do that. The aim is to attempt to get them on your side (without demanding it) and they might have a chat to the landlord themselves without you having to say any more.

    • Be firm and learn to say "Get Off My Lawn" or perhaps "You Talking To Me," a bit of practice in front of a mirror may help. My favourite is "Showing is better than telling."

  • +17

    It's your house while you are leasing it off him, maybe he has forgotten that.

    • Well, no.
      During the term of the lease the tenant has the right to quiet enjoyment and exclusive possession within the terms of the lease and the law - but at all time the registered proprietor is the legal owner of the property - so its actually not your house.

      • +11

        Yes, and he chose to lease it to OP.

        • +14

          You can't just use words willy nilly. If you misuse words people won't be able to vegetable what you are hopscotch.

        • -4

          Yes, and a tenant is not an owner.

          • +2

            @BigTed: They Didn't say Owner though, They Said its your house and as per your own post the tenant is entitled to exclusive possession, Therefore it is his possession and hence perfectly acceptable to say it is "your house".

            • -4

              @lateralus45: Yeah - but it still isn't your house.
              If you can't repaint it - it isn't your house.
              If you can't install a new cooker - it isn't your house.
              If you can't sell it - it isn't your house.

              • +3

                @BigTed: oofffftt you should apply that same logic in the commercial space.

                Shop owner - Welcome to my store BigTed
                BigTed - Well its not your store is it!

                Leased cars? like my new BMW, BigTed?
                BigTed - Well its not your car is it!?

                Ooo oo oo!!! lets talk about homes with mortgages!
                NOT YOUR HOUSE IS IT!!!

                • @That Guy: Actually you are wrong about the mortgage.
                  Even with a mortgage the registered proprietor is the lawful owner of the property.
                  A mortgage and loan agreement gives the lender a contractual right to possession and sale - it does not give them ownership.

                • @That Guy: You are also not right about the store.
                  If someone says 'Welcome to my store' they are probably talking about the enterprise being conducted in that location - and not the actual building it is conducted in. No-one thinks the guy operating the key and shoe repair kiosk actually owns the corner of the massive shopping centre he is working from.

  • +26

    I'm fairly certain your landlord is overstepping with their actions.

    As far as I understand it he may be within his right to enter the premises as long as he gives you the reason for entering, written notice, and doesn't stay longer than is necessary to achieve the purpose of the entry. However, it sounds like he is entering the property on the premise of rectifying an issue, then leveraging that entry to also perform an unauthorised inspection.

    I would consider speaking with VCAT or another professional body like Tenants Victoria to better understand your right to quiet enjoyment of the property.

    • +15

      This! I'm a landlord and whilst I don't think the guy is doing anything wrong per se it's also a d.ck move doing what he is doing. That being said I think the gate request is a bit ridiculous - you can't expect so have a gate on your property and request that your tenant does not use it.

      I mean if you've got good tenants and care about your house (which this guy seems to have both) don't irritate your tenants away by micromanaging them. He's got an unrealistic expectation that the place is being kept to the same standard as he would have.

      Definitely speak to tenants Victoria because it really sounds like he's entering the property to rectify an issue but using the opportunity to carry out an inspection.

  • +5

    id rather a land lord that cares about his home, then one that negletcts but also ask him to fix anything as well

    • +28

      OK, but those aren't the only two options.

    • +1

      I'm curious as to why you think a landlord would care about his home but then neglect it? Seems counter-intuitive?

  • +19

    send him a picture of your ball sack and ask is it in an acceptable state to sit down, or should you squat down and shimmy through the wet/tall grass in the backyard some more

  • +19

    Your landlord sounds like a micromanager. Still thinks his house, his rules. Sounds like an OCD odd fella.

  • +2

    are you renting thru a realestate agent?

    • We are, the realestate agent is the one that emails us the demands from the owner.

  • +2

    My suggestion is to find a place nearby and move (unless you are paying way below market rent). Your LL needs to find the right tenant.

    I am a landlord but not your landlord.

  • +14

    When you get the next email about doing something I would send an email to the REA that a the email has requests that can only be done by an inspection of the property and as such the next next 6 monthly inspection will be considered done if you (the REA) want the items actioned.

    The READ and landlord only get a chance to give feedback every 6 months, not when the landlord comes to nit pick things when fixing stuff..

    • +4

      This is what I'm leaning towards, but genuinely not sure if I have a legal leg to stand on.

      • +5

        Then call the state department that looks after tenants and ask them if the landlord is legally allowed to do what they are doing by sending you the request via the REA..

  • +32

    Next time you deep clean your house for an inspection just take photos of everything and reuse as required.

    • +7

      genius

    • +6

      Just take plenty of photo when moving in, as house condition upon entry, and reuse the same photo again and again.

      • +1

        Take one photo and reuse, I'm such a genius

  • +15

    I think you need to talk to your agent first and he/she needs to step up and set the expectation with the landlord. Tell them that you are happy to comply with periodic inspections and tidying up as per the agreement. Any impromptu requests cannot be met as it is not set in the terms of the agreement. I think any experienced agent can understand what's going on here but he/she is not going to intervene unless you protest. They always look out for the landlord's interest since they pay their salaries.

    Honestly many of us never see the landlords and I guess that's how it's supposed to be. It keeps things professional and it is easier for everyone. Now, you cannot really stop the landlord from coming home as long as they notify you and within bounds of intervals. Avoid dealing with the landlord directly unless it is absolutely required.

  • +5

    If this was my landlord he would be out the door so fast his feet would not hit the ground
    Tell him to p#$s right off. Nothing more to say really

    *I have a great relationship with our owners to the point that they just sacked a REA rather than lose us as tenants

    • +1

      You can kick out your landlord?!? Man these new covid tenant rights have changed a lot

      • +3

        You have to put up with landlord illegaly entering the property and making unreasonable demands? Man these new covid landlords rights have changed a lot

        I would drag the cnut out if he didn't leave, hope that's clarified things for you.

        • +2

          It was just a joke my friend. Though as above, sounds like he has the right to be there at the time.

  • +3

    Sounds like hell.

    Let the owners know it's too micromanaging .

    If no improvement, I would move OP if the rent is not very low or some other major benefit from staying.

  • +6

    How long have you been in the property, and how long has it been a rental for? Sounds like they are trying to have a rental, but maintain the level of maintenance in line with a home owner looking to sell the property after a period of time to ensure capital gains aren't an issue.

    I'd ignore any requests that aren't observable from public, and then anything that is 'general' property usage like keeping gates closed, or making sure blinds are x y z I'd also I'd not action unless they are in line with how you 'respectfully' already use the house you are renting.

    • +4

      All fair thoughts. Thanks for your input.
      Been in the property almost 18 months now, and the neighbours tell me the place was vacant for several months/almost a year prior to us moving in.

  • +15

    The key word here is your right to 'quiet enjoyment', every state has rental agreement laws with that basic right, and more.
    The fact that you are bothered enough to post this here means he's infringing on that right.

    He also does have the right to inspect any faults you've reported, although its unusual if he's accompanying contractors as well, and mentally repressed of him to demand taking photos and mowing the lawn on his schedule etc.

    I suggest you move somewhere with less issues, repair situations should be once a year at most.
    Or look up the consumer affairs website rental section to know how to tell him he's infringing your quiet enjoyment.

    • +2

      Oddly enough, quiet enjoyment doesn't mean the right to quietly enjoy the property. It relates to the landlord not being able to interfere with how the property is used, eg, having a condition in the rental agreement saying, "no maintenance of cars in the shed"
      At least in Vic anyway

      As explained in Astorino v Fox (Residential Tenancies) [2018] VCAT 1441 paragraph 71,
      “The basis of it (sect 67 of RTA) is that the landlords, by letting the premises, confers on the tenant
      the right of possession during the term and impliedly promises not to interfere with the tenant’s
      exercise and use of the right of possession during the term.”
      “‘enjoy’ used in this connexion is a translation of the Latin word fruor and refers to exercise and use
      of the right and having the full benefit of it, rather than deriving pleasure from it.”

      • That doesn't contradict what I said and stil can be broadly applied in expectations of having that full benefit.
        VCAT rulings are kinda lazy, and thats fine.

  • +8

    This is not uncommon. I have had three properties like this where the owner took a lot of interest in the detail. My approach was to accumulate maintenance issues and call only if really necessary. Often the issues could wait for the 6 monthly inspections. If I did make contact, I'd make sure I gave the property a good clean beforehand. Not ideal, but only happened once or twice a year where I'd need to contact the agent outside of a routine inspection.

  • +6

    Just ignore. He's telling his agent to tell you whatever and they likely don't give a crap and are just forwarding the message on.

  • +4

    If the owner wasn’t coming over to fix issues and was sending someone else, they wouldn’t know about these things and wouldn’t be able to micromanage you.

    Agree with others to only action them at the 6 monthly inspections.

  • +8

    Good luck with the vacating. He is going to nitpicking every single details.

  • +7

    In Victoria, a general inspection can only be done every 6 months, so they should not be coming out onto the property more than twice a year, unless attending to a repair you requested. They do not get to use those times when they attend repairs to give you another list of demands for things to be done around the property.
    They can do that once every 6 months during the routine inspection and that's it.

  • +9

    A few years ago I was speaking to the property manager of a neighbours property and mentioned that the grass was very overgrown and i mean it was knee high the property manager said thanks but we aren't allowed to say anything outside of the inspection times,this is what your property manager should be telling the landlord

    • +2

      You can always report it to the council and they will deal with it.

    • +1

      Tenants have a responsibility to keep the rental clean and maintained.

      Not sure cleaning / mowing once every 6 months would qualify as meeting this obligation.

      This being said, OPs landlord seems to be overstepping the mark.

  • +4

    "Noted"

  • +4

    as a landlord myself, this guy is OCD, definitely crossing the boundary, and has no right to demand the things he is.

    the things that you're describing seem fairly petty to me. unless your stove top is filth and you're under describing the situation, you need to figure out a polite way to tell him to (profanity) off.

    talk to the agent and say that you look after the property but are finding him intrusive. just need to be careful not to aggravate him if he's the kind of guy that'll kick you out

  • +4

    Just tell him politely to F off via the real estate agent. You need to set boundaries. He can’t dictate your cleanliness or maintenance levels beyond what is laid out in the contract and I can guarantee it doesn’t say how clean your cooktop should be or how far trimmed back the garden should be. If it’s not to his standard he can kick you out after the least term.

    Definitely call tenants union as well for their advice.

  • +2

    Tell him to bring cake when he calls in so you can have a high tea and on Sundays croissants are always welcome.

  • +4

    In the days of abundant rentals, I would deliberately not rent places where the landlord wanted to fix every repair. A tradie isn’t going to tell u to clean the stove but an OCD owner would.

  • +4

    He is treating you like someone he has hired to do his house-sitting for him. Dictating how often, or how well, you mow the lawn is what you tell your gardener, not your tenant. He is not only being impolite to you, he is really insulting his own agent, because all these extra inspections and instructions imply that he can't rely on his agent to pick up anything that needs attending to in the regular six-monthly inspections. Since you like living in the area, I think, if I were you, I'd be asking the agent to keep me abreast of anything else that is likely to come up around the area so that you can find a land-lord who will work within the expected rules. You sound like a good tenant, and, as far as the agent is concerned, that's like finding gold…. he will want to do what's right for you.

  • +5

    The LL is a tight@rse and a control freak. The solution is reasonably simple.
    When REA sends you request to clean, etc - dispute it in writing and ask for the issue to be verified by an agent inspection. LL will need to pay REA for this service.
    You’ll hit him right at his point of vulnerability.
    Your problem will disappear….

    • +1

      There's no such thing as a "request to clean".

      It's your house, you can do what you like with it as long as it isn't in disrepair.

      Perhaps that may cause them to not renew your lease, but this whole "send me pics of you cleaning" thing is straight up wrong

      • +1

        For all we know the send me pics was probably added by the agent.

  • +3

    Thanks everyone for your advice/opinions. It's very validating to get a sense of the voice of the people, and plenty of good options going forward.

    • +1

      It's very validating to get a sense of the voice of the people

      It's a win-win. Sensible post receives sensible comments :)

  • +1

    It is your landlord's right to address and correct any issue with their property but it is your home and you have privacy rights. If the landlord is coming to look or work on the property ask that only the necessary people to carry out the work attend, you can use Covid reasons atm (so either wife or husband attend but not both). If they attend ensure all doors in your home are closed so the can't look where they want.
    At the end of the day they can give you notice to leave at the end of your lease if they are not happy. My suggestion would be to hold off as much notification as you can and notify them of issues and suggest if the owner is attending then the 6 monthly check be done at the same time. If the property requires multiple repairs in a 6 month period then maybe another property would be better anyway.

  • I can appreciate you want to maintain a nice relationship but he is taking advantage of that.

    This:

    we clean the stovetop, oven and mow the back lawn and send through picture evidence of completion of such.

    Is totally inappropriate. Tell them to please fix the stovetop as it is an essential repair, and just ignore the other requests. If they insist, just say no. They have literally no right (legally or morally) to ask you that stuff. It's your house, you pay for it, you aren't a child.

  • -5

    Feels like you are over reacting.

    1) When a segment of fence blew down in the wind he visited, repaired the fence, and requested we keep the front gate and front wire door closed at all times lest we weaken the fence further (implying it was out fault for not having the gate permanently closed).

    It doesn't imply anything other than trying to stop further damage by keeping gate closed… which would enable the weight of a gate to be balanced between 2 sides. Seems logical to me.

    He was unhappy with our pruning of the bushes and trees and requested we prune them back further in keeping with his standards.

    If you prune the garden then just do a little more… if you don't then leave it.

    2) When he came by to check our stovetop (we think it's broken) he sent an email a few days later via agent requesting we clean the stovetop, oven

    Well is it dirty and could do with a clean? You think it is broken so was it broken and fixed?

    and mow the back lawn and send through picture evidence of completion of such.

    Well does the lawn need a mow? Seems like things that you should be doing anyway.

  • +2

    Talk to the agent and advise you are happy to comply with their required inspections and tradie repairs but you don’t want anyone else present.

    What an absolute joke.

    Alternatively, ignore the requests unless they arise from a regular inspection. Unless of course you also want him to stop coming, then you’ll have to discuss with agent.

    • +2

      You can't make such a request because the owner has the right to inspect by themselves…

    • Many owner doing small repairs themselves and thats ok

      • Yes. Sure.

        But you have access to the property for the purpose of the repairs, not property inspection.

  • +2

    Call these people: https://tenantsvic.org.au/contact-us/
    They will tell you where you stand and the boundaries.

  • +1

    Your landlord reminds me of our old landlord who was an older gentleman ~60+ years at the time who treated us as 'kids' because we were the same age as his kids.

    He fancied himself as quite the handyman so all requests for repairs meant that he always attended the property initially to assess the situation as to whether he was able to fix the issue himself. Whilst he was at the property, he always did a tour through the rest of the house under the guise of checking for any other possible issues - just in case - as he knew what to look for because he used to live at the property before leasing it to us. We knew he was just snooping as the PM let us know afterwards that we should make sure the windows were cleaned from the outside; edges should be done every time the lawn was mowed, etc.

    Longest 12 month lease ever!

    • +5

      Neg away.

      Ok

    • +1

      Mmmk

    • +2

      This would be the landlord's wife.

  • +3

    What's the best that this used to be the landlord's ppor?

  • +2

    As a landlord i do not want anything to do with the property.. I usually correspond with REA via email and let them sort out any requests and maintenance (usually to the order of yes go fix that, yes quote sounds good). i haven't been physically present at the property since it was leased out. sounds like someone has too much time on their hands..some landlords are like that. polite boundary setting is needed. i don't care how messy it is as long there is no permanent damage and it's cleaned up by move out time.

  • +1

    Pander to his off the cuff remarks. Just say ok and move on. Like you said, you have a nice place and all you have to do is manage his quirky personality. Some people just feel the need to give their unprompted 2 cents.

  • +2

    Sounds like it must be his first time renting out the property

  • +2

    Maybe he can install super bright lights to increase the value of the house while he's at it hahahaha

  • +2

    New theory. I’d find everything little tiny issue that needs maintenance or could be loosely considered to need maintenance. Talk directly to the landlord bypassing the REA. Keep him so busy on little stuff that he hasn’t got time to piss you off because you are pissing him off. Weeds in the lawn, spiderwebs, mice droppings, noisey neighbours, late night parties nearby, being near a flight path…. Use your imagination but frame it in such a way that they have inspired your hyper vigilant personality. Beat them at their own game and see how that goes. Just consider it sport. Maybe ask them to throw in a new expensive oven as well.

  • +2

    Unacceptable behaviour.

    I know of someone exactly like that. They just "happen to drive by their investment properties" all the time (aka stalking) and know the ins and outs of what's going on with their properties.

    I've told them how creepy their actions are but they are firmly of the opinion that the properties belong to them and they can do as they see fit.

    I've noticed that some people go from rags to riches but always have the mindset of a peasant.

    • What's wrong with driving past your investment property?

      I agree that he shouldn't make any kind of contact with the tenant, but a casual drive-by is a non-issue.

      • +1

        Driving by constantly (especially since they live 1.5 hours away) is weird.

        Tenants have a right to privacy.

        I have multiple properties but never drive by.

        Why would you need to? I pay an agent to manage it.

        You don't think it's weird to have a landlord stall the tenant like that?

        • +1

          Driving past on the public road is not any kind of privacy issue though.

  • +2

    I don't see a problem with him turning up for repairs and maintenance. The list of issues or commentary about how you live there is pathetic whether it is legal or not.

  • +1
  • Just ignore the requests? That's always an option

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