Jump to content

fence in a rental...


  • Please log in to reply
12 replies to this topic

#1 IBakeBoys

Posted 10 April 2012 - 02:42 PM

We rent and have notified the REA on several occasions that the fence is falling down and is unsafe. Every storm throws more pailings off the fence which prompts another email which is followed by exactly nothing.

This morning I woke to find not one but 5 dogs in our yard, who had came in through one of the many fallen down bits of fence. They weren't very old but "look mean". My kids are little and my eldest especially is dead frightened of dogs so now he's refusing to go outside. I've emailed with photos today and the REA wrote back saying they don't usually deal with fences as its a civil matter.

WTF does that mean? Our LL's live overseas so its not like they can pop over on a weekend and fix it up. Isn't that one of the things REA's are there for? To handle stuff that needs doing? The fence is shared with 5 other houses and is going to be a nightmare to organise but surely that can't be my responsibility as the renter?

Any advice? TIA

#2 SeaPrincess

Posted 10 April 2012 - 02:47 PM

I would go to their office and refuse to leave until they had come to see it themselves.  If it's a shared fence, then all parties should contribute to its repair, but it's certainly not the tenant's responsibility to organise.

As a LL, this is the type of thing that would cause me to terminate my property manager if I found out about it.

R

#3 Guest_tigerdog_*

Posted 10 April 2012 - 02:48 PM

I'd agree with you OP, not sure myself legally but I would think that as the 'agent' of the landlord, they would be responsible.  It's their job to liaise with the landlord on maintenance issues full stop, of which this is definitely a big one.  It's also an issue of safety - you rented the house with a fenced yard, you're entitled for this to be maintained in the interests of the safety of your children.

You can apply to the civil administrative tribunal in your state to have the matter addressed or if you'd prefer to move, get advice from the tenant's union and possibly break the lease (they could take you to the tribunal then but if they're in the wrong, would they?).

Edited by tigerdog, 10 April 2012 - 02:50 PM.


#4 IBakeBoys

Posted 10 April 2012 - 03:03 PM

Yeah, seemed like a strange thing for her to say. I think she was maybe hoping I'd go talk to the neighbours about it, but I've got 4 young kids, and much better things to do than her job! The neighbours aren't going to organise it either, or if they do, they'll only do the bit they share with us, not thwe whole thing. She really has to be the one to do it I think.

We're not keen on moving out just yet, we're looking at building soon and would ideally stay here until thats all finished. But if they do go ahead and fix it I'm expecting a nice tidy rent increase letter in the mail!

She did say she'd forward to photo's to the LL so I'll give her a few days (Its a really long fence so I'm guessing it will cost a fair bit - possibly more than she's allowed to automatically authorise?) but if theres no progress by Friday I might have to chase her up again.

#5 Spring Chickadee

Posted 10 April 2012 - 03:07 PM

QUOTE
It's their job to liaise with the landlord on maintenance issues full stop, of which this is definitely a big one. It's also an issue of safety - you rented the house with a fenced yard, you're entitled for this to be maintained in the interests of the safety of your children.

Absolutley. As a landlord I would be very angry if my agent was giving the Tennant the cold shoulder and claiming things weren't their problem.  


#6 mamma101

Posted 10 April 2012 - 03:08 PM

Hey

If I was you i would go to the department of consumer affairs and talk to someone there about the matter. You can take them to court and I think you will find that it is their responility to make sure the fence is fixed. good luck

#7 Apageintime

Posted 10 April 2012 - 03:09 PM

I think you may just have a bad Real Estate tbh - the same thing happened to us recently and they had someone out fixing it in 24hours and had a new fence up within 2 weeks.

I thought they had to fix things affecting your safety within 24 hours?

I'd call whoever the tribunal (residental tenacies authority in QLD) is and gets ome advice maybe.

#8 Chelara

Posted 10 April 2012 - 03:36 PM

Ask for a rent reduction as your fully fenced property is not fully fenced, maybe that will help it along a bit.

#9 I'm Batman

Posted 10 April 2012 - 03:40 PM

QUOTE (mamma101 @ 10/04/2012, 03:08 PM) <{POST_SNAPBACK}>
Hey

If I was you i would go to the department of consumer affairs and talk to someone there about the matter. You can take them to court and I think you will find that it is their responility to make sure the fence is fixed. good luck


This.

Put in a formal complaint to their boss about being brushed off. As the managing agent their responsibility is to pass along or authorise any maintenance on the property. How would the LL know the fence is broken unless they tell them?

Also, you pay for a secure yard with a fence, you should expect it to remain that way

#10 Luci

Posted 10 April 2012 - 06:33 PM

As a tenant, you are doing the right thing by notifying the agent or LL of any maintenance issues or damage to the property.  What does the agent expect you to do - pay for a new fence yourself?

I would contact the relevant tenancy tribunal in your state and find out where you stand from an official legal position before you next speak with the agent.

Good luck,
Luci

#11 mmk

Posted 10 April 2012 - 09:50 PM

I'd be asking her for clarification of how to spell her name - for the legal papers to be sent to when your kid gets bitten by a stray dog in your yard!

It's the LL's responsibility to pay for it, and it's her responsibility to either organise it or give the LL the opportunity to.  You've reported it and supplied photos, so that's where your job ends.  Do you have the LL's details direct?  If so, I'd be contacting him/her to let them know the REA's attitude...

I hope that nothing bad happens in the mean time...

#12 IBakeBoys

Posted 11 April 2012 - 01:36 PM

I called consumer affairs this morning and they were really helpful. She said that it had to be fixed within either 2 or 14 days (depending on if it counted as an urgent or non urgent repair) regardless of how long it takes to sort the neighbours out. If they can't get money from the neighbours now they still need to fix it, then can pursue the other half via council or a dispute resolution centre.

I dragged all 4 kids into the REA office this morning and spoke directly with the PM. I dropped the fact that I called consumer affairs into the conversation, nicely, I wasn't mean about it. And she is now organising quotes today!

In the mean time, it looks like we'll have to shift DS1's birthday party to a park or something. I'm not letting my boys outside till its fixed, let alone anyone elses kids. The mum or dad dog came into the yard today and started barking like a mad thing. Not a fan at all!

#13 Miss S

Posted 11 April 2012 - 01:55 PM

Its great how the words CONSUMER AFFAIRS can stick a rocket up a property manager original.gif We had the same thing a couple of years ago with our heater, I called the RE twice in week to get someone to fix it, we were in Melbourne in september with an 8 wk old baby and were basically ignored untill I mentioned those magic words and i had a tradie call me 20 mins later wink.gif




2 user(s) are reading this topic

0 members, 2 guests, 0 anonymous users

 

How to talk about your pregnancy at work

The workplace isn't always a friendly place for pregnant women. Yet working women inclined to conceal a pregnancy from prying coworkers may be better off opening up and carrying on, according to a new study.

Tell us your story to win!

To celebrate Mother's Day this year we are giving you the chance to win one of five great prizes simply by telling us your story.

Where to get help to help your baby sleep

There is so much pressure about having a baby who sleeps 'all night' , it's no wonder you worry about your baby if she wakes in the night.

Vintage baby names having a comeback

What makes some names have comebacks while others silently fade into oblivion? A few factors come into play.

When your partner doesn't want you to breastfeed

Dads can have many reasons for not wanting their partners to breastfeed their baby, but both parents should learn more about it before making a final decision.

Model mum Sarah Stage shares post-baby selfie

Most new mums would recoil at the thought, but Sarah Stage has shared a post-pregnancy selfie just four days after giving birth.

I'll admit it: I have last child parenting fatigue

If you're a new mum and feeling ignored by the older mum/the old hand/the has-been, please know, it's not you, it's me. Blame the last child parenting fatigue.

Exhaustion is not the same as tiredness

Having a new baby isn't tiring - it can be downright exhausting.

Five posterior babies, four home births

I was on a high. I'd done it all by myself with no help from anyone.

Mum's list of birthday gift demands goes viral

We're big fans of kids' birthday parties - but this is one bash we're glad we didn't get an invite to.

Kate Middleton to receive 'loyalty discount' for second birth

Everybody loves a bargain - including the Duchess of Cambridge.

Fish & chip shop owner's sad note goes viral

A lengthy note put on the window of a fish & chip shop has gone viral due to the writer's serious doubts about the romance of travel.

Pregnant women need good nutrition advice, not judgment

Pregnant women are under pressure to do all the "right things" to have a healthy child. It results in women feeling judged about their decisions.

When your child wants you to have another baby

Giving your child a sibling when you don't want to have another baby can be a complex issue.

William Tyrrell's mum speaks out: 'We hope he is still alive'

The mother of missing toddler William Tyrrell says she has a vision that somebody "picked him up and moved him on ... that's the only way ... to explain for him not to be there".

Family comes first for 23-year-old Tommy Connolly

Most 23-year-old blokes spend their hard earned cash on fun times with mates or romantic dinners with their girlfriend, but not Tommy Connolly.

Newborn all-girl quintuplets 'doing great'

The first all-female quintuplets born in the United States were delivered last week, at 28 weeks and two days.

Model mum's big baby silences critics

He may be less than a week old, but baby James Hunter has already helped his model mum silence her critics.

Jammy, Hula Hoop, Rage: Reddit reveals most unusual baby names

A recent Reddit thread has revealed some of the more creative names in the world.

Woman awakens from coma, learns she gave birth

A US woman awakened this week from a four-month-long coma that doctors had feared would be permanent and learned that she had given birth to a baby boy, according to her family.

'Give us a break': mum sent shocking letter over Facebook baby pics

Posting a lot of baby photos doesn't make you a bad person. It may make your Facebook feed a little irritating, but it doesn't make you a bad person.

In defense of the dads who do so much

It's time to shift the focus off what dads aren’t doing and shine it on what they are.

The modern cloth nappies too cute to cover up

If you're only just joining the modern cloth nappy movement, or would like to spruce up your collection, we have to introduce you to Designer Bums.

How breastfeeding can affect your libido

When you’ve just had a baby, having sex isn’t usually top priority. In fact, for a lot of women it rates about as appealing as changing another dirty nappy.

Should pregnant women be allowed to use 'parent and child' car parking spots?

Is it acceptable to use these car parking spots when pregnant? How many of us would admit to doing it?

Healthy baby from sperm taken 48 hours after a man died

Fertility doctors have described their "most extraordinary case" - creating a healthy baby from sperm taken 48 hours after a man had died.

Sign up to our 30 days of #PlayIQ challenge

Sign up to receive 30 amazing tips and ideas for play with baby during the month of April and submit a picture or tip on our social wall for a chance to win an amazing Fisher-Price prize pack.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Last chance to win a year's supply of toys

You have less than a week left to win your child one of five Fisher-Price toy packs valued at over $600 each - hurry, enter today!

Childcare is a big problem, but there's more to it

Let’s keep talking about these issues and not allow them to be put into a neat little box that’s labelled ‘Fix childcare and everything is solved’.

Pink's awesome response to body-shaming trolls

When trolls felt the need to comment on 35-year-old singer-songwriter Pink's weight, her answer was an awesome ode to body love.

Fertility clinic offers egg donors $5000

A national chain of fertility clinics is offering egg donors a $5000 payment to cover their expenses, a first for Australia which is raising concerns the money could act as an inducement.

Baby boy abandoned in India amid fresh surrogacy concerns

Australian officials could do nothing to stop an Australian couple from abandoning their baby son, born through surrogacy in India, after they decided they did not want to bring him to Australia.

Herd immunity and community responsibility: how free-riders can make kids suffer

Individual choice works for haircuts and handbags, but not for preventing infectious diseases that kill kids.

Photographer captures 'unexpected beauty' of birth

If there is one thing Leilani Rogers knows about childbirth, it is that no two deliveries are ever the same.

Expectations vs the reality of making a toddler's clothes

Note to self: less sewing, more life. Not the party dress, but the party. The toddler, as usual, has it all figured out.

Mum meets 'dead' daughter 49 years after birth

In 1965, Zella Jackson-Price was told her premature baby girl had died shortly after birth.

How pregnancy probiotics can help you and your baby

New research suggests that taking specific pregnancy probiotics could be the answer to a range of common pregnancy side effects.

53 creative pregnancy announcements

Announcing that you're expecting can be a time to express your creativity, sense of humour and imagination. Check out how other parents and parents-to-be have broken the news to friends and family.

IKEA hacks for the nursery and kids' rooms

Are you one of those that know the whole IKEA catalogue by heart? Love their stuff but want to personalise it? Here's some inspiration to help you realise the potential of IKEA furniture and fittings.

36 baby names inspired by food and drinks

A French court may have ruled out Nutella as a baby name, but that doesn't have to stop you from taking inspiration from the supermarket (or bottle shop). See what parents in the US have chosen for their delicious little ones.

 

ENTER NOW!

Win a year's worth of toys

Last week to submit a picture of your baby at play for your chance to win. Visit the Play Wall to view our recent entries.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.