We bought an investment property last year. We thought it was okay to lease it out in the same Real Estate Agent we bough from., as we were told the previous owner is a very honest person they have never seen before. We also were impressive on the property. Our solicitor informed them some inclusions ,such as dishwasher, gas heater, don't work. Both of them promised me they all work. Three months ago, we are acknowledge the rental manager and the previous owners are in-law relationship. Faint!
We are meeting MRS Trouble tenants right now. We spent nearly $4000 ( the rent is 1600 a month) since the tenants moved in Feb. 2010. In the first month, the tenant said the dishwasher didn't work; In the second month they said the second toilet water were not flushing out. In the following a few months, they reported power point, antenna, garage door, letter box had problem. We all repaired or replaced the items.
Yesterday, Real Agent wrote an email to us and let us know the tenants reported the stair tiles and drive -way are slippery during the wet weather. And the tenants concern their old daddy and children falling over for the slippery tiles and drive-way.
They mentioned the internal tiles used for external purpose and aging problem for the tiles.Both my husband and I feel very frustrated to be landlords. We decided to terminate the leasing when it is expired. We just wonder is landlord liable for the tenant falling over in the slippery tiles or drive-way in a raining day?
Best tip, and I talk from experience, I had a very similar 'experience' and was the best thing that ever happened to me regarding RE investing, I learnt this lesson very early.
Get out of renting out tents and move into commercial real estate ASAP!
Consult a solicitor if you are this worried. Most of them will have a first consultation is free policy, check this when you book an appointment and take all your documents (including landlords insurance, agent and rental tenancy agreement documents) even if they are not going to look at them all it saves them having to guess. Don't leave things like this to chance and by raising it you are obviously worried and it will help you sleep better at night which is pretty important believe it or not.
RE investing is great stick with it and look for a solution, the problem is obvious it dominates all your coffee break conversations at them moment, you are not alone and the first or last person this will happen to. Learn from it and distract yourself by looking into commercial property. Happy investing.Thanking you for sharing your experience.
Where there is a problem you have to find solutions
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When you look at the short term residential property rental investments it seem like a cash loss and not worth it.
I am currently having to re-attach the ceiling in my investment property and get a termite treatment plus replace some eaten timber.
The money is made when the capital value increases over time it doesn't add up from month to month cash flow.
Make sure you look into claiming depreciation or repairs. Keep receipts and show your accountant to work out if it is a repair or improvement claim.Commercial property has risk attached to it. So be careful investing in commercial as your risk is higher.
There are other forms of investment in property than buy – rent out and hold.
Renovation – You buy a run down house and fix it up and sell it
Development – Sub divide and build and sell
Sorry for the confusion. Our IP is domestic residence not commercial.
Arrange for a 'slip test' to be carried out on the tiles (councils require these for commercial uses and can give you a few names). If the tiles meet the required standard then not a problem (for you). Mind you, I am not aware of any standard which relates to residential however you could check this with the council at the same time.
The tiles are probably a domestic tile and may be inappropriate for external use or have an insuffient slip coefficient.
There is probably a duty of care on yourself as the owner to provide a premises which is fit for the purpose. If safe access is not available, then the tenants may have a justifyable grievance. (Possibly use an anti slip paint, which will also become a maintenance issue down the track).
Make sure you take steps to recitify this problem or you could be sued when one of them falls over (or fakes a fall over) and injures themselves.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It's a very complex formula that courts use when determining whether a landlord is liable for injuries suffered by a tenant. Some of the issues are: whether the landlord knew (which you do), how easy it is to rectify the problem, the cost of rectifying the problem, whether it is the sort of problem that a landlord would expect to rectify (for example, it might only be slippery when someone walking on the tiles has got oil on their shoes. A landlord isn't expected to fix every single problem arising out of every single unusual practice by the tenant).
It it is easy to fix, then do it. It it is not easy or inexpensive, then get legal advice on your responsibilities.
Cheers
K
The best thing to do right now is to take a land lord insurances, please check with the company if the cover does cover all the issues quoted by your tenant, if you dont have one of this insurances i suggest that you speak to one of the banks or email me your details. You will have up to 20 Million in public liability claims against you, plus have protection from damages caused by tenants, loss of rents if the property is left unoccupied due to a issue in the building like damage, fire, even if the tenant refuses to pay you rent etc.
Please check the terms and conditions, exclusions and ensure you get a good understanding on whats covered and whats not. cost less than $ 300 per annum approximately and at the end of the day you can claim this expense, so why not.
Cheers
balaji
[email protected]Unfortunately insurance will not necessarily protect you. If an accident is found to have been caused by your negligence, then, while the insurance company will pay out on that, the insurance company can then lodge a claim against you to recover their losses.
Best to sort out your legal responsibilities as soon as the tenant notifies you of a potentially dangerous issue.
Cheers
K
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