- October 23, 2023
- Posted by: legaleseblogger
- Category: Related News
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Living in a rental apartment by myself has its challenges, and recently, I encountered a frustrating situation regarding necessary repairs. Around a month ago, I submitted a formal request through the maintenance app for two issues: a leaking sink and a faulty hot plate on the stove. However, I hadn’t contacted the landlord directly since I rent through an agency.
Unfortunately, it took the landlord two weeks to respond to my maintenance request. He called me and informed me that his brother would take care of the stove issue soon. This interaction caught me off guard since I hadn’t reached out to the landlord personally.
In an attempt to gain more clarity, I decided to text the landlord on Friday, given his previous assurance of addressing the stove problem himself. Surprisingly, he immediately called me after receiving my text and explained that his brother was facing difficulties finding a replacement stove but assured me that it would be fixed soon. Furthermore, he mentioned that he had already fixed the sink, which came as a complete surprise to me.
Confused, I inquired about his actions regarding the sink repair. He revealed that he had replaced the faucet and repaired some of the pipes. To my dismay, I hadn’t received any prior notice about this repair, nor was I informed that the landlord would be present or that someone would enter my home. If I had known about the maintenance visit, I would have made sure to be present.
This lack of communication and unexpected intrusion has left me feeling disgusted and unsafe within the confines of my own home. In an effort to rectify this situation, I decided to consult the Real Estate Agent (REA) involved in my rental agreement. The REA acknowledged that the landlord has a tendency to take matters into his own hands and mentioned that she would investigate whether the agency failed to notify me or if the landlord acted unilaterally.
Now, I am left with several pressing questions. Firstly, is the landlord allowed to possess a key without first receiving it from the REA? Secondly, should I pursue a case with the Victorian Civil and Administrative Tribunal (VCAT) regardless of responsibility, whether it lies with the landlord or the REA? Moreover, considering the breach of trust, should I change the locks to safeguard my privacy, or is it futile to do so if the REA cannot be relied upon to handle keys responsibly? Finally, given the circumstances, would it be permissible for me to hire a professional on my own to address the stove issue rather than relying on the landlord’s brother?
Please accept my apologies for the lengthy explanation, but this is the first time I have lived alone, and I feel deeply unsettled and violated by these events. It is crucial for me to be well-informed about my rights to ensure that the REA does not attempt to downplay the severity of this situation. Any advice or guidance you could provide would be greatly appreciated.
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****** just grabbed a
Completly illegal.
[Consumer affairs rules on access](https://www.consumer.vic.gov.au/housing/renting/rental-providers-inspecting-or-entering-a-property/when-a-rental-provider-can-enter-a-property)
This [site](https://tenantsvic.org.au/advice/landlord-problems/breach-landlord/) also has some good advice.
Breach the fuckers. Landlord and REA. They need to learn.
Dont take calls from owner again and do everything in writing through the agent.
If the owner texts you, reply to the agent that x has happened. Dont do ph calls with the agent either. ÔÇÿThe owner just likes to do stuffÔÇÖ. They know the owner has done it before and they are not/can not do anything to stop it.
It is a safety risk having random people come in without the agency knowing. All entries need to be official so all parties know, especially for insurances and damages.
No they canÔÇÖt enter the property without giving you at least the minimum notice or getting your permission (I think there are exceptions for emergency repairs in some states?).
Regardless of whoÔÇÖs fault it was, itÔÇÖs unacceptable.
Of course the owner will have a key, theres nothing wrong with that, its him using it thats an issue and no you cant change the locks, if you did you would be required to give the landlord/agent a copy of the new key anyway so wouldnt change your situation.
What outcome do you want from this? If my landlord let himself in without telling me IÔÇÖd want out. Id want to exit the lease without penalty the moment I found an alternative place to live, maybe request moving expenses as well.
Up to an $11,538 fine for this too:
https://www.consumer.vic.gov.au/housing/renting/legal-and-dispute-support/penalties
Its a creepy feeling knowing someone has been through your house. Is the tap fixed? At least they responded quickly. I know there are rules but RE have been doing this forever it doesnt make it easier for you but know that they were fixing things and it will stop once the drive has been fixed .
They should have issued you with advanced notice.
In principle you could take them to the tribunal but for what – you haven’t suffered any damages. If you feel unsafe, you may be able to get out of your lease without penalty – but do you want this?
Assuming that you don’t want to move, I suspect that talking to the REA about your concerns is the best option, so that it doesn’t happen again.
there’s a few blanket questions you’ve asked here but the first and foremost that should answer a lot of those questions…. is that you’re renting and it’s not your house; you are leasing it. Landlords may still have keys (they’re permitted to). Changing the locks is a bit of snap decision. Again, it’s not your house – why waste your money on this (what if they make you pay for 3 sets of keys so everyone has a pair)? You could seek an alternate repairer but if the brother is qualified you may not have a valid reason to reject it.
At worst I believe the landlord could be served a notice of breach because they haven’t provided you with notice of them attending the premises – but if they had done this (and you weren’t able to be home) they could still come in so long as they provided you the right notice. It’s frustrating that they entered the premises without providing you appropriate notice but it’s an overreaction to want to change the locks / go straight to VCAT.
In essence what has happened is a landlord trying to do right by his tenant and enact repairs ASAP, albeit going about it a wrong way. Respectfully I understand this may make you feel unsafe but the landlord/REA have powers they can use such as entering a premises to enact repairs and there are far worse things that could happen **provided appropriate notice is given**.The best thing in this situation may be to reset expectations and make it clear what is acceptable as a landlord and what’s not (e.g. adhering to appropriate notice periods) especially if your lease is new, or you liked the premises and want to remain there for extended periods, there’s nothing wrong with asserting your rights and ensuring clear communication.
For starters, please check all your valuables and ensure you keep ID documents in a personal locked cabinet/drawer. Must make a non-emergency police report to document the fact that someone made an entry into your home without your consent and knowledge incase of any incident in the future. Also make a report to the relevant REA in your state. Make the copy of the report available to the agent.
Decision time, do you want to stay in this place or move? If you would like to move, then begin looking and check options if you will need to break lease. If you want to stay then caution the REA and the landlord that this was completely out of line. If anything like this happens again, you will make it into a huge fuss around not just RE laws but trespass / Break and Enter laws.
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Is it worthwhile expressing your discomfort to the landlord first and explaining that it is illegal for him to enter the property without your consent or appropriate notice (in writing is better so you can use this later in a complaint if needed)
I don’t get it. You asked for the repair.
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You could ask the REA if you change the locks does the landlord end up with a new set of keys? YouÔÇÖll have to give the REA a set but if he doesnÔÇÖt get a set then just say your handbag was stolen and you want to pay to get the locks changed. A security bolt on the inside of the door would prevent him, and others, coming in when youÔÇÖre there but not do anything when youÔÇÖre home. If youÔÇÖre in an apartment with a fire rated door you wonÔÇÖt be able to do this as you canÔÇÖt just drill into the door or door jamb so check with the REA.