A leading law firm is urging renters to always submit requests to their landlord in writing after a spike in public liability claims.
Slater and Gordon reported an increase in the number of claims made by tenants against their landlord or real estate agent for failing to arrange urgent repairs or fix dangerous living conditions at rental properties.
Practice Group Leader in public liability law, Jackson Pannam, said a major issue is most renters aren’t fully aware of their rights or the loopholes agents and landlords will go through to get out of paying for repairs.
“We often get contacted by people who were injured at their rental property, who range their agent and reported the issue before they were hurt,” he said.
“Because the report is not in writing, ultimately the agent denies that it was ever reported, and it becomes a factual dispute making obtaining compensation for your injury more difficult.”
Pannam also advised filling out a “notice of breach of duty to residential rental provider” form and sending it alongside the written log of your report, to increase the chances of your repairs being carried out sooner.
“Even though non-urgent repairs must be completed within 14 days, we know these emails can go ignored and cheapskate landlords are reluctant to pay,” he said.
“That’s why using the official forms also helps to make sure you include all important details and can also be useful later if nothing is done and you need to take further action, such as pursuing compensation.”
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In some circumstances, a tenant may have to take their landlord to their state or territory’s civil and administrative tribunal, such as VCAT in Victoria, to have their repairs lodged.
Pannam said if you are taking a landlord or agent to a tribunal to gather as much evidence on the issue as possible.
“Typically, decisions take at least a month or two before they get a hearing, and maybe a few months before the tribunal hands down its decision,” he said.
“If you do decide to take your claim to your state or territory’s tribunal, I would recommend obtaining evidence to support your claim from a building expert.
“Of course, this is an added cost, in addition to having to take time off work to prepare for the hearing.”
What to include when lodging a request for repairs in your rental property:
- What needs to be fixed and the safety risk it poses
- When you reported the problem, or when you attempted to contact your rental provider or agent about the issue
- What the rental provider said they would do
- The repairs need to be carried out immediately for urgent repairs, or 14 days for non-urgent repairs
