Should I Ask for a Rent Reduction Due to Major Repairs?

samyall on 03/02/2023 - 12:06

My apartment that I am renting requires major repairs. There is a design flaw in the windows which has allowed water ingress and caused the loggia to need to have the decking replaced.

The builder reckons it will be a few weeks work as they do not know the extent of the damage.

The outdoor area is a big part of our life, especially in summer as we BBQ a few times a week and it is where we have our dining table. It also represents about 1/6th of our floorspace.

The works will be 5-6 days a week but I assume they wont be working on our place the entire time.

Do you think I should ask for a rent reduction and if so, how much?

Poll Options

  • 42
    Do not ask for a rent reduction
  • 5
    10%
  • 9
    20%
  • 17
    30%
  • 1
    40%
  • 1
    50%
  • 0
    60%
  • 0
    70%
  • 0
    80%
  • 0
    90%
  • 2
    100%
  • 20
    110% (Landlord pays me for the trouble of overseeing the improvement to their property)
Home & Garden

Comments

  • orangetrain on 03/02/2023 - 12:10
    +19

    Technically you can.

    Practically, you can get "kicked" at end of lease.

    • Typical16-bitEnjoyer on 03/02/2023 - 12:51
      +6

      Just evidences the unfair balance of power, even in 2023.

      • jv on 03/02/2023 - 13:27
        +1

        why is it unfair?

        • samyall on 03/02/2023 - 13:32
          +9

          Is it fair to pay for a part of my apartment I can't use?

          • tallkid123 on 03/02/2023 - 13:41
            +2

            @samyall: It's not really a question of fair.

            It's more the landlord asking themself if they can get in another tenant who won't ask for rent reductions and potentially accept an even higher rental increase once your lease is finished.

            • Typical16-bitEnjoyer on 03/02/2023 - 14:18
              +6

              @Duckie2hh: It's not a bonus if it is advertised as an inclusion and rent priced to reflect that. Nice try tho.

              • Duckie2hh on 03/02/2023 - 14:19
                -6

                @Typical16-bitEnjoyer: So in the advertised photo, you saw green lawn (argument sake). There is a drought and the lawn all died. Whilst the landlord replant the grass, will you be asking for a rent reduction?

                • Typical16-bitEnjoyer on 03/02/2023 - 14:28
                  +10

                  @Duckie2hh: Straw man.

                  Grass upkeep is responsibility of the tenant regardless of drought.
                  A deck and windows? Not.

                  • Duckie2hh on 03/02/2023 - 14:31
                    -1

                    @Typical16-bitEnjoyer: Fair. Fair. How about if the tiles in the kitchen were lifting (significantly). Would you ask for rent reduction for that?

                    • Typical16-bitEnjoyer on 03/02/2023 - 14:35
                      +2

                      @Duckie2hh: is it possible (argument sake) for you to post without a logical fallacy being incorporated?

                      • Duckie2hh on 03/02/2023 - 14:38
                        +1

                        @Typical16-bitEnjoyer: Why would my post be illogical? Is the argument regarding lifting kitchen tiles not similar to that of OP's issues on the water ingress in the outdoor deck? Also not to mention the size of the deck "1/6 in floor space" to be similar to that of the kitchen?

                    • brendanm on 03/02/2023 - 19:04
                      +2

                      @Duckie2hh: The op can literally not access part of something they are paying for, it is not simply a cosmetic issue. They will also have trades traipsing through their house, and will be disturbed.

                      • Duckie2hh on 03/02/2023 - 19:34

                        @brendanm: I may have missed it but I didn't see OP state that they didn't have access. The decking needs to be replaced, so I assume the space is still usable before trades start work?

                        • brendanm on 04/02/2023 - 09:25

                          @Duckie2hh:

                          so I assume the space is still usable before trades start work£

                          And when they start work?

                      • Typical16-bitEnjoyer on 04/02/2023 - 08:21

                        @brendanm: Don't feed the trolls.

                  • Hackney on 03/02/2023 - 14:58

                    @Typical16-bitEnjoyer: That depends on the lease/contract.(fact)Maintenance of grounds.

            • TrumpisKing on 04/02/2023 - 12:07
              +2

              @Duckie2hh: It's mentality like yours why this world is so f'd up and greed is prevalent.
              He's paying his hard earned cash and should get more than just "protection from elements". Douche

              • Duckie2hh on 04/02/2023 - 21:31
                -1

                @TrumpisKing: I can say the same thing and tell you to grow up but… oh well

          • tsunamisurfer on 03/02/2023 - 14:20
            -1

            @samyall:

            Is it fair to pay for a part of my apartment I can't use?

            Next you will be telling the landlord that you only use the bedroom at night, so why should you be paying for the kitchen.

          • Hackney on 03/02/2023 - 14:56

            @samyall: As a landlord, you are obliged to make the dwelling safe & liveable.Tenants also have obligations.Rent reduction? Not going to happen.

        • Typical16-bitEnjoyer on 03/02/2023 - 13:47
          +2

          Housing is a universal human right. Raising a completely legitimate lease issue = eviction, is fundamentally wrong and there should be far more residential tenancy leasing reforms.

          It wasn't that long ago that Landlords were still able to keep bonds for "damage"\renos they never perform. How times have changed!

          • tsunamisurfer on 03/02/2023 - 14:21

            @Typical16-bitEnjoyer:

            Raising a completely legitimate lease issue = eviction, is fundamentally wrong and there should be far more residential tenancy leasing reforms.

            They cannot be evicted mid term for raising a question.

            Calm down.

            The owner can elect to not renew the contract at its completion, that is a right we need to uphold.

          • jv on 03/02/2023 - 14:34
            +1

            @Typical16-bitEnjoyer:

            Housing is a universal human right.

            Not the landlords problem.

            That is up to the government to ensure they build enough public housing.

            • Typical16-bitEnjoyer on 03/02/2023 - 14:41
              +2

              @jv: Or up to the government to introduce broader and more substantial rules for Landlords and protections for renters.

              It's amazing you can become a land"lord" with absolutely no required training. Yet if you want to bake a cake from your home and sell it, you need a certificate and a council inspection.

              They want to use a house for an investment, then it should be treated, taxed and be regulated like other investments. Especially when this investment involves individuals livelihoods, when compared to shares or term deposits.

              • jv on 03/02/2023 - 14:43

                @Typical16-bitEnjoyer:

                It's amazing you can become a land"lord" with absolutely no required training

                It's amazing you can become a Tenant with absolutely no required training

                • Typical16-bitEnjoyer on 03/02/2023 - 14:56

                  @jv: Yeah everyone in the country should live in a cardboard box under an overpass until they do a regulatory course.

                  https://youtu.be/-sbFhOeqTzY?t=10

                  • jv on 03/02/2023 - 14:57
                    -1

                    @Typical16-bitEnjoyer:

                    everyone in the country should live in a cardboard box under an overpass

                    if that is what the government has decided, then yes.

                    again, not the landlord's problem.

              • tsunamisurfer on 03/02/2023 - 14:47

                @Typical16-bitEnjoyer:

                They want to use a house for an investment, then it should be treated, taxed and be regulated like other investments.

                Residential Tenancy is already heavily regulated. Coincidentally there is an act of law called that exact name.

          • brendanm on 03/02/2023 - 19:07
            +1

            @Typical16-bitEnjoyer: I agree with you, and share your sentiment in this case that op should get a reduction, however the laws are not always in favour of the landlord. There are plenty of ways tenants can sit in a house not paying rent for a very long time before they are able to be kicked out. There are problems with tenancy laws for both tenants and landlords.

        • orangetrain on 03/02/2023 - 13:50
          +1

          Unfair in that the landlord can kick out tenants for no grounds. In the rest of the world, the tenants stay for years after initial contract expires until they leave or get evicted for a good reason.

          • Typical16-bitEnjoyer on 03/02/2023 - 13:56
            +2

            @orangetrain: Australia has a long way to go in that aspect.

          • tsunamisurfer on 03/02/2023 - 14:22

            @orangetrain:

            Unfair in that the landlord can kick out tenants for no grounds.

            There ARE grounds, the landlord would like the property back. The tenancy agreement has run its course, both sides have fulfiled their obligations, now its time to part ways.

            • Typical16-bitEnjoyer on 03/02/2023 - 14:32
              +2

              @tsunamisurfer: IF they legitimately would like the property back, and give the requisite notice.

              But everyone here knows LL's regularly spite evict. Don't try and deny it.

              • tsunamisurfer on 03/02/2023 - 14:44
                +1

                @Typical16-bitEnjoyer:

                IF they legitimately would like the property back, and give the requisite notice.

                Of course all mandatory notices will be issued, its the law.

                But everyone here knows LL's regularly spite evict. Don't try and deny it.

                I prefer to take emotion out of it, when people inject emotion into this conversation it goes down this unfortunate path where they declare accommodation is an inalienable right amongst other things.

                Both parties cannot come to an agreement to renew the contract, the contract is allowed to run to completion, upon which time both parties part way.

                • Typical16-bitEnjoyer on 03/02/2023 - 14:45

                  @tsunamisurfer: You realise you're missing the point? Multiple peeps telling OP not to request a rent reduction lest they be kicked out. Remove the emotion from that and respond to those posters.

                  • ozhunter on 03/02/2023 - 14:53

                    @Typical16-bitEnjoyer:

                    lest they be kicked out

                    They won't be kicked out, they just might not be able to form another contract to stay there for a year. Always a chance of that happening regardless of what the OP does.

                    Seems like a lot of work needs to be done, I think the landlord should offer something.

                  • tsunamisurfer on 03/02/2023 - 14:53

                    @Typical16-bitEnjoyer:

                    You realise you're missing the point? Multiple peeps telling OP not to request a rent reduction lest they be kicked out. Remove the emotion from that and respond to those posters.

                    You will find I haven't missed any point.

                    In my first post in this thread I have stated the tenant CAN ask for a reduction.

              • Hackney on 03/02/2023 - 15:02

                @Typical16-bitEnjoyer: Utter rubbish, there has to be a very good reason to evict a tenant, they are also protected under law.Don’t try & pull that one.

      • ozhunter on 03/02/2023 - 13:32

        The contract will be finished. Of course the landlord will have the power with a new contract, it is his house.

        • Typical16-bitEnjoyer on 03/02/2023 - 13:44
          -1

          it is bank's house.

          FTFY

          • ozhunter on 03/02/2023 - 13:45
            +3

            @Typical16-bitEnjoyer: It's their house, they just owe the bank some money for it.

            • Typical16-bitEnjoyer on 03/02/2023 - 13:48
              -1

              @ozhunter: Yeah nah

              • ozhunter on 03/02/2023 - 13:51
                +4

                @Typical16-bitEnjoyer: Yeah Yeah lol.

                If I go and take out a personal loan for an item; it is mine. It can be repossessed if I don't pay back the money as agreed but until they do that, it is mine.

                • Typical16-bitEnjoyer on 03/02/2023 - 13:55
                  -2

                  @ozhunter: Nice completely irrelevant hypothetical.

                  If I go and take out a personal loan for an item with a retention of title clause; it is not mine. It doesn't need to be repossessed as I never owned it, and they can take it back as agreed if I don't pay back the money.

                  So - yeah nah.

                  • ozhunter on 03/02/2023 - 14:31
                    +1

                    @Typical16-bitEnjoyer:

                    If I go and take out a personal loan for an item with a retention of title clause; it is not mine.

                    Always someone with this argument. Can spin it however you want but for all intents and purposes, it is mine.

                    • Typical16-bitEnjoyer on 03/02/2023 - 14:33

                      @ozhunter: So if you ask your bank for your paper title or control of your eCT today, will they answer yes or no?

                      They own your place. All you have is your name on a piece of worthless paper or PC screen.

                      • ozhunter on 03/02/2023 - 14:44
                        +1

                        @Typical16-bitEnjoyer:

                        So if you ask your bank for your title or control of your eCT today, will they answer yes or no?

                        Yes, if I give them the money owed 😄

                        All you have is your name on a piece of worthless paper or PC screen.

                        Hardly worthless. I can do what I want with the house(to the the extent of the law), and choose who lives here and who doesn't. If some stranger comes over and won't leave, who do you think the law/police would make leave if neither person owns the house.

          • Hackney on 03/02/2023 - 14:51

            @Typical16-bitEnjoyer: If it is not(the banks house) he/she can do what they wants with it within the guidelines of the law.Even if the bank holds the title, so what? If you have owned investment properties you would understand( I have owned two.)

            • Typical16-bitEnjoyer on 03/02/2023 - 15:00

              @Hackney: I own 2 pokemon. Does that make me a pokemon expert?

              • Hackney on 03/02/2023 - 15:04

                @Typical16-bitEnjoyer: Your out of your depth here, perhaps you should think about going back to play your Pokémon.

                • Typical16-bitEnjoyer on 03/02/2023 - 15:07

                  @Hackney: Ok, so if I own 2 properties I can play with you?

                  That also means, by your reasoning, I'm automatically an expert and you must agree with me btw.

        • samyall on 03/02/2023 - 13:52
          +2

          Her house actually.

      • Hackney on 03/02/2023 - 15:03

        Posted in error.(deleted)

    • tsunamisurfer on 03/02/2023 - 14:19
      +1

      Practically, you can get "kicked" at end of lease.

      They are not getting 'kicked', the contract is not getting renewed so both parties separate.

      • Hackney on 03/02/2023 - 15:17

        Absolutely correct.If the LL chooses not to renew the lease, it is THIER right to do so.

  • tomleonhart on 03/02/2023 - 12:12
    +1

    are you prepared to move out ? If you do then ask for 1/6 of the rent off :P

  • pharkurnell on 03/02/2023 - 12:15

    how much do you like living there?

    • Mokr on 03/02/2023 - 12:48
      +3

      If they haven't raised rent this year or last.

      Don't ask for reduction

      • samyall on 03/02/2023 - 13:34

        Rent was raised 11% four months ago. That did sting but it was unfortunately still a little under market for our area.

  • tsunamisurfer on 03/02/2023 - 12:36
    +5

    The tenant can ask for a rent reduction at any time for any reason.

    Whether it is accepted is a different matter.

    • Tommyaka on 04/02/2023 - 19:14

      A tenant can also choose to accept the rejection of their rent reduction or take it to their relevant Civil Administrative Tribunal.

  • Ozymandias on 03/02/2023 - 12:46
    +10

    I hate situations like these - you are absolutely entitled to a rent reduction, but other commenters aren't wrong that it may affect your prospects of resigning. Leaser/lessee power imbalance and all that, especially in the current market. Personally, I would politely request a reduction and be prepared to be knocked back.

    • Mokr on 03/02/2023 - 12:47

      How much of it's a balcony?

      • Ozymandias on 03/02/2023 - 12:51
        +4

        Yeah, it's tougher given it's not a bedroom or other area that's required for living, but the OP's clearly chosen the place based on it having a large outdoor area and you can bet your bottom dollar it was spruiked as a benefit of the place in the rental ad (and accounted for in the rental price). I don't know how much they're paying but a balcony's probably worth $20-$40 p/w in my book.

  • TimmyTims on 03/02/2023 - 13:09
    +2

    I'd ask for 30% but take 25%.
    The patio is 1/4 of your living spaces/ recreation areas (patio, kitchen, lounge room, bed room) so 25%

    The extra 5% is due to extra cleaning required due to work being done in the house. For a few weeks, you'd also have people coming and going as they please to your property.

    If it was a design flaw causing the issue, insurance/whoever is paying for these works should also be covering the rent reduction as this is loss to the LL through no fault of their own.

    • pharkurnell on 03/02/2023 - 13:28

      I'd ask for 30% but take 25%

      and you'd be offered 0%

    • samyall on 03/02/2023 - 13:31

      Strata is paying for the repair but I have no idea whether the LL could ask to be reimbursed.

      • Lord Fart Bucket on 03/02/2023 - 13:46
        +1

        Where do you think the money comes from? Owners pay strata….

        • samyall on 03/02/2023 - 13:51

          Yeah I am aware. I personally do not think Strata should have to pay as they are not the one I am paying 25% of my wage to. I do feel that for that money I should get what I am paying for and if I'm not getting it, I shouldnt be paying it.

          • Lord Fart Bucket on 03/02/2023 - 14:03
            +2

            @samyall: Sorry, i am confused.
            It could be under some building warranty, depending on the age of the building. Most likely strata is paying (either directly or through an insurance arrangement). Strata isn't some magic box that generates money, owners pay a fee (usually quarterly).

            Your personal view - as tenant - on who should pay is irrelevant.
            The amount you pay in rent covers you living there, it most likely has a component built in for strata fees, but it has nothing to do with you.

        • TimmyTims on 03/02/2023 - 14:56

          Which pays the insurance premiums to cover common areas?

          Strata could also be going after builders insurance

      • Hackney on 03/02/2023 - 15:19

        LL does not get reimbursed, they pay into a ‘sinking’ fund for maintenance & repairs, legal issues etc….

  • Ghost47 on 03/02/2023 - 13:29
    +1

    Don’t ask. Too much risk of them getting annoyed and then kicking you out. They hold the power.

  • Seraphin7 on 03/02/2023 - 14:33
    +2

    How long are these works proposed to go on for? Frankly, if it's a "couple of weeks", my advice would be to swallow it on the basis of being a good tenant. If it's a "couple of months" then I think you have stronger case.

  • brendanm on 03/02/2023 - 17:56

    Rent reduction seems fair, not only can you lot use the space, you also have the annoyance of the work being done and people in your house.

  • CheapskateQueen on 03/02/2023 - 22:55
    +1

    a reasonable landlord will offer you something and a reasonable tenant won't be greedy.

    10-15% per day you can't use the area would be OK.

    I've always offered a discount when i needed to repair something and tenants have always asked for it. some were decent and fair, others were gross (profanity) that bled me dry

  • Boogerman on 04/02/2023 - 10:47

    Just recover the money for that period through the relevant tribunal when you vacate the premises - 100% recovery will probably be the tribunal's decision

  • Waltervp on 04/02/2023 - 14:11

    Your landlord should offer a discount. I wouldn't ask just to maintain good relations. If they don't offer you'll be looking for a better place at your own convenience, or at least be noticing other opportunities, but if the landlord doesn't like you he can decide to put rent up, terminate lease etc and do things that with a little goodwill he may not do. Best to let him offer and keep the good will!

  • Drpepper666 on 12/02/2023 - 22:48

    Yes then they should ask for a rent raise as the house is now improved

    • samyall on 13/02/2023 - 08:13

      Honestly, I should be charging them an hourly rate the amount of project management I am doing to make sure this renovation happens quickly.

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