Landlord Refuses to Pay for Hot Water Repairs

In 2022 I moved into a new apartment with my family and the landlord had specifically told us to report any issues that we have so they can claim under warranty with the builder. The warranty is 1.5 years and during that time we have reported all issues relating to the apartment to have repaired.

During this time, we reported about a hot water issue in the kitchen sink that was not working very well, showers and other hot water supplied areas in unit was working just kitchen sink was not. As we reported in person when they have come several times during our stay in the first year and a half, we have no record of it in writing thus, no evidence of us ever reporting.

As the problem got worse and the builders/building management never came to check the situation when it was said it’d be done, the situation got worse and the hot water started not working in other sinks of the unit. I then reported to landlord in writing officially and by that time it has been well over 1.5 years. Once I have formally brought it up once more, we have had discussions on the warranty expiry and that they could do nothing more and now it is on me to pay for it.

I was stupid, I know and blindly agreed to pay for repairs without knowing my tenancy rights stated in contract. It was only when I was talking to the plumber and had to call landlord to ask for approval in regards to the repairs that the plumber mentioned that regardless, the landlord should cover any damage repairs up to $1000. After hearing that, I reviewed my contract to confirm, and have asked around in regards to this. As I was a first time renter, I was not very well aware of this.

I brought it up to my landlord and now they refuse to pay for repairs as it was negligence on my part for not informing them during the warranty period and because I previously agreed to paying for repairs that it is now my responsibility. I don’t know what to do at this point, in regards to repairs, the water temperature valve needed replacement and the kitchen sink tap mixer needed to be replaced as the cartridge in the tap was faulty. When i called the landlord to confirm repairs on whether they wanted a random tap replacement or if they wanted a specific tap, they said theyd order a specific one to be replaced and that i’d have to pay for it, which of course I did at the time. The tap was $404 and replacement fees+new temperature valve fee for plumber was $727.10.

In this instance who is responsible? Am I responsible for apparently being negligent in reporting thus missing the warranty time period or regardless of warranty or not should the landlord still be responsible for any repairs not damaged by tenant?

Comments

  • +7

    This is in NSW to save you a click.

  • +16

    I brought it up to my landlord and now they refuse to pay for repairs as it was negligence on my part for not informing them during the warranty period and because I previously agreed to paying for repairs that it is now my responsibility.

    Warranty or not, the landlord is up for the costs. There is nothing that states you have to report things instantly or else.

    • Even if I already previously agreed to footing the bill?
      I just want to be sure as I know I have already shot myself in the leg by agreeing to the payment blindly and now with me changing my words after checking my rights properly, i am not sure if this could be used against me,

      • +5

        Even if I already previously agreed to footing the bill?

        Did you agree in writing or was it verbal as well?

        The landlord seems to want to conveniently forget that you've reported it to them verbally on many occasions, so I would take the same stance and deny that you ever offered to pay (if it was verbal).

        In short, the landlord has an obligation to fix issues such as this and your contract/agreement probably has a clause that says you can get someone in to do "urgent repairs" (specific items are usually listed) without permission up to a certain amount.

      • +2

        The agreement to pay for repairs is ILLEGAL
        Take the matter to dept of Fair Trading and ask for all repairs for which you paid to be returned.
        Alternatively inform the landlord in writing that you will be deducting from rent owing - the cost of all repairs for which you were illegally forced to pay (quicker). Make sure you forward copies of all receipts to the landlord as justification.
        Let the landlord take the matter to Dept of Fair Trading and watch them kick their arse from here to timbuck two.

    • -6

      the landlord is up for the costs.

      Depends on how the damage was done…

      • What damage did the OP cause?

  • +10

    Don't pay it. Landlord is going to retaliate no matter what so he may as well pay for it because it's his hot water system, he just leased it to you for 12 months.

      • +9

        An opinion is not legal advice. It's pretty clear that the tenant didn't cause this so what are you on about?

        There is nothing worse than people commenting that other people have to be qualified to give an opinion on something when in fact in real life that is not how it works at all because if it did work like that no one would be able to say hardly anything on much at all because they are not qualified

        Whenever I see a statement like that I come to the conclusion that the person writing it really isn't very clever.. also they are not qualified to give that opinion..

        See how stupid it is?

        • -3

          An opinion is not legal advice.

          It's not an opinion though, it is advising what they should do…

          Read it again.

          • @jv: "Whenever I see a statement like that I come to the conclusion that the person writing it really isn't very clever."

        • +1

          its him JV Just ignore.

      • +9

        Are you ? You always spew your crap in every thread

      • +5

        Are you licenced to give legal advice?

        Says the spambot

      • Honestly jv just give it a rest. Apparently we can get your posts removed because they are pointless. This would appear to be one of those times.

        • -1

          Honestly jv just give it a rest.

          I'm not tired though…

  • -8

    the landlord should cover any damage repairs

    So it was damaged by you?

    • +6

      It was not damaged by me, it has been a faulty issue with what was installed when the build was finished.
      There is no possibility of it being damaged by me as it is an internal issue with the appliance/plumbing. The only way it would be damaged is if i have deliberately taken it apart to damage

      • -4

        It was not damaged by me, it has been a faulty issue

        You said it was 'damaged' ?

        Who damaged it ?

        If it hasn't been damaged, you shouldn't be paying for the repairs…

        • +5

          Damaged or faulty, it is just a way of explaining the issue of the hot water. Sorry if I am not eloquent enough to explain in proper detail and terms.

          • -3

            @Godkojin:

            Damaged or faulty

            Very different.

            If it is just faulty, and you didn't damage it, you don't need to pay for it to get repaired.

          • @Godkojin: I'm going to support jv here

            Damaged implies something external has occurred to it, the source of that damage is responsible for the repair or replacement.

            Faulty or broken down, that means something has occurred that has stopped the unit from working and could be internal of the unit.

            To use them in a sentence.. 'Yes NCAT, the tenant advised that the unit was damaged and they would pay the repair' vs 'Yes NCAT, the tenant advised the unit was faulty and they would pay the repair'.

            The first ones gets you the repair bill, the second gives it to the lordy land and a stern talking to by NCAT

  • Might be clogged filter limiter in end of tap.

    • +2

      Nope, it was taken apart by the plumber and it was actually the mixer cartridge that was faulty. On top of that the temperature valve was also faulty thus not delivering the hot water to other sinks of the unit over time. We have changed the temperature valve before proceeding with the tap replacement to confirm if the tap is indeed faulty or not. That replacement of the temperature valve only fixed the hot water issues in other taps except for the kitchen tap which has prompted us to change the tap as well which is now in working order

      • -5

        and it was actually the mixer cartridge that was faulty.

        I replaced mine myself… It cost about $60 for a new unit and took about 10 mins.

        • +4

          Okay since you are professional should I call you for repairs? Not everyone has the skills or knowledge to diy it themselves. As a tenant it is better for me to contact a professional to assess and repair the problem as if I did it diy and anything happens it would be a bigger cost and it would become my responsibility for damaging further.

          • -4

            @Godkojin:

            Okay since you are professional should I call you for repairs?

            No, I'm booked out.

            • +5

              @jv: Yeah so don’t be acting like a smartass when you are if no help.

              • -2

                @Godkojin:

                you are if no help.

                and how do you know others here are not misleading you?

          • -2

            @Godkojin:

            my responsibility for damaging further.

            Wait a minute…. So you did damage it then ????

            You keep changing your story… 😲

            • +3

              @jv: I have never mentioned it was damaged in my post if you have read properly. I said faulty and repairs. Only timed said was at the end of post stating what is on contract lease.

          • +1

            @Godkojin: This sort of stuff is under the banner of "cannot be DIY'd".

            If you DIY something like a HWS and it leaks and causes damage to your house/apt, your home insurance company will just laugh at you as they refuse coverage.

            So yeah, not worth it to DIY this stuff.

      • Your landlords plumbing seems to be taking up a lot of your time. And he still doesn't want to just fix it.

  • +1

    Is this lease through an agent? If so, let them deal with it in accordance with the Residential Tenancies Act 2010. The landlord has responsibility to maintain the house in a reasonable state of repair, and undertake repairs within a reasonable time frame. Leaving you without hot water, may find them in breach of this Act. In addition, your landlord has the ability to claim depreciation value each financial year on the hot water system, so any fixed appliances such as hot water which provide the landlord a financial benefit are the responsibility of the landlord to replace. Its that simple. Whether you mistakenly agreed to repair it or not, it is not your legal responsibility, however it is your landlords.

    • -1

      Leaving you without hot water, may find them in breach of this Act.

      Seems to be working in all other taps according to OP.

    • it is not your legal responsibility

      Unless they damaged it….

      • +1

        Negligently damaged it perhaps, but I struggle to work out how one negligently damages a mixer tap, or a temperature valve. As a landlord, this would absolutely be my responsibility. This is a faulty unit in my opinion, worthy or replacement under warranty, or if expired, by the landlord as wear and tear. I'm sure a plumber or the manufacturer would be better placed to comment on the fault of the part however. I also question why a mixer tap for a rental cost $404? You can guarantee he is intended to double dip and claim it on tax.

  • +8

    If you didn't cause the damage, you do not have to pay for repairs. That is up to the landlord, you can also make them pay you back what you have already paid. You are being taken advantage of. I assume this is a private rental, and you are not through a real estate agency?

  • +4

    The landlord is taking advantage of you. Do you have a property manager?

    Call fair trading for general advice and to better understand your rights.

  • From this post and other posts it sounds as though some landlords have over extended and trying to pass costs back to the tenant. I reckon if you try and get the costs reimbursed the real estate agent will probably just give the run around until you give up, probably not fully RE fault as I'm guessing that the owner will not be responsive.

  • In my reading of your issue.

    You agreed to paying if you didnt report to Landlord. You did this but it wasnt in writing. So you are now liable as you havve no evidence that this was done.

    However did you put the original agreement in writing, sounds like you didnt, so the same applies to that as well. No evidence that you agreed to this.

    You have written contracts to cover issues. No written contract variation. its a you said, they said.

    I am sure the Landlord would also say, its not in contract if it suits them.

    However dont expect a lease renewal

    • +1

      You have written contracts to cover issues. No written contract variation. its a you said, they said.

      verbal contracts are a legally binding thing.

      I am sure the Landlord would also say, its not in contract if it suits them.

      Correct, 100%.

      OP maybe time to start looking for a new place. Your landlord will probably start raising your rents, you aren't "safe" until your lease is up.

      • verbal contracts are a legally binding thing

        Absolutely. To be effective both parties must agree that was the case, if not a judical/arbitrated decision needs to be made. Like everything judical, it will be who has the stamina to pursue this.

  • +2

    dont expect the lease to be renewed.

    based on what you said it doesnt sound like neglegence, therefore not your responcibilty.

    (an example of neglegence is that you didnt report a leak that damaged the building)

    • +1

      Dumb LL. Will not renew the lease, finds another tenant, still has to fix the hot water system.

      • In this case, the HWS has already been fixed and paid for by the (previous tenant!)

      • +1

        why? AFAIK it worked at OP was gullible enough to pay for the first incident.

  • +8

    Mate, you need to go and learn your rights as a tenant immediately. You are being taken advantage of.

  • +3

    Unfortunately it seems that you have done very little due diligence and you are being taken advantage of. This is partly your own fault. You should have done a lot of things differently, including reporting serious issues in writing if you knew it was a warranty issue and could come back to bite. You signed a lease without reading or understanding the contract and your legal rights as a tenant. You agreed to things without first checking whether or not you are liable. You've got yourself into this situation that you could likely have fairly easily avoided. This doesn't excuse the land lord taking advantage, but you have created this mess and now you've got to climb out of it.

    At the end of the day, maintenance is the responsibility of the land lord.

  • +2

    Instead of wading through the helpful and nonhelpful 'advice' here why would you not just call Tenants Union of NSW

    "The Tenants Advice Line operates on Mondays 10am-1pm and Thursdays 2-5pm. Call 1800 251 101"

    "At other times, please contact your local " Tenants Advice & Advocacy Services

  • I assume you're on a good rental $ arrangement, otherwise you'd have moved out already?

    If so, do the cost/benefit analysis and go with it. Either pay yourself if the rent is significantly under market or move out.

  • The landlord is mostly at fault. But you are also at fault:
    * The contract would likely have a term that you need to report faults promptly and that you may be liable for extra damage done due to you not promptly reporting faults
    - you could check the contract to see if the contract mentions that it should be in writing or not. If not, possibly you could provide a statutory declaration outlining the date(s), time(s) and who you spoke to verbally.
    * You shouldn't agree to pay for something if you're not sure.

    I would suggest you contact Fair Trading NSW or Tenants Union of NSW for advice. You could then consider what you want to do. If you care about lease renewal etc, you may need to try for a compromise. If you don't care about lease renewal, you may want to try and get the landlord to pay for the full amount as they should be doing this - but you made it more complicated by not reporting the fault in writing and agreeing to something that you shouldn't have agreed to.

  • +1

    Bottom line, the landlord is responsible. It is really sad to see the huge power imbalance between landlord & tenant. The tenant is usually scared to complain in fear of eviction. Good luck

  • $727.10 to replace a tap, that's a decent charge

  • he pays for it

    call yea estate
    they send people out

    you do not pay

  • hot water is the responsibility of the landlord I believe in very state
    you can lodge a claim in ncat for a refund
    hot water is also an urgent repair so if there is no fix in day you can order a plumber and send the bill to the agent
    In your lease you should find emergency contact numbers and info, follow that.

  • Hi everyone!
    I would like to give an update on the situation and thank you all for the information.
    I do admit I was at fault for not reading my contract properly and also for not putting things in writing.
    It is my first proper rental and I am just getting a hang of things so thank you for all the help! I’ll definitely not make the same mistake again.
    First and foremost my landlord and I have agreed that she would take the bill but as per contract that it would only cover costs of up to $1000, I have agreed to pay the remainder of just $131.10. (It wasn’t an easy debate but we got there)
    The reason I have not moved out when running into this situation is that my landlord is very kind to me and rent has been very affordable and has not risen even with inflation. She had tended to every other issue of the unit we had in the past with no delay. Not to mention with a 2 year old and only me and my husband,(no family in australia) moving is not really ideal in this situation with it being hard to find a reasonably priced rental in these hard times.
    I’ve gotten to know that this is her first property she is renting and she wasn’t really aware of this either and we both admitted to our mistakes that things could’ve been easier if we were more thorough and communicated better.
    End of story is no hard feelings and all is well 😊
    (Just hope it isn’t all smoke and mirrors and she doesn’t hold some kind of grudge and not renew our lease 😂)
    Once again I thank you for all the advice, I appreciate all that has put the time in to leave a comment!

    • Thanks for the update. Glad everyone seems to be OK with the outcome.

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