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 I learnt to relax about routines

After many routine-led, tough years, we've realised that being parenting isn't about being perfect. It isn't about following a schedule to a T.

Should you have a third child or not?

I thought our family had been complete with our two boys. I had no idea how much I needed my daughter until she was here.

Helping a toddler embrace an adopted sibling

A single parent by choice, I am preparing to adopt a second baby from Morocco. And I face a special challenge.

When pregnancy messes with your self-esteem

Pregnancy doesn't make all women feel beautiful. It certainly doesn't raise every woman's self-esteem.

Join us in The BIG nappy change

Introducing the new Coles Little Explorer Nappies! You can confidently rely on Coles Little Explorer nappies at each stage of your child's growth, so take the Big Nappy Change and try new Coles Little Explorer nappies for yourself!

Robbie Williams live tweets wife's labour

And the award for most patient woman in labour goes to ... Robbie Williams' wife, Ayda Field.

Vaccine ignorance is deadly and contagious

In the absence of credible, strong political leadership, paranoia about disease can go viral.

Parenting differently based on birth order

All children have unique personalities, but keeping birth order in mind could help when parenting.

How to get rid of the mum guilt

Motherhood and guilt seem to go hand in hand, but there are ways to focus

Paid parental leave scheme grinds to a halt

The future of Prime Minister Tony Abbott's paid parental leave scheme appears to be up in the air, despite the fact it is due to begin in less than nine months.

The devastation of foetal alcohol spectrum disorders

No one's sure how many Australians are affected by foetal alcohol spectrum disorders, but the consequences for those who are can be devastating.

The pros and cons of finding out the sex of your unborn baby

It’s often one of the biggest choices parents make during the course of their pregnancy; to find out, or not to find out, the sex of their baby before it’s born.

Toddler's awesome dress up month

Two-year-old Willow and her photographer mum, Gina Lee, made October "Dress Up Willow Month". She posted photos of Willow's costumes on her Instagram account, and her creative takes on popular culture are simply adorable.

Childhood around the world

It can be easy to assume our ideas around childhood are universal, but they are particular to where we live, as these practices show.

Best picks for baby and toddler shoes

Here's a great selection of footwear from pre-walker to walker ensuring comfort and style for growing feet.

I lost my wife and daughters to Ebola - then it came for my son

Sunday, September 21, is a day I will never forget.

The 'yucky' illness that took over my life

I have a chronic illness nobody likes to discuss. It involves toilet talk, and probably caused my miscarriage. But it needs to be talked about.

Prenatal testing: the facts

Prenatal testing is done to check if a baby has certain medical conditions before birth. Here is some important information about what the tests are for and the risks involved.

5 things to do with your baby?s old clothes

Did you think your only option for your baby?s old clothes was to pack them away or give them to the Salvos? Think again.

Why it's possible to not realise you're pregnant until the baby arrives

After hearing about 'surprise babies' born to mums who didn't know they were pregnant, it's common to ask "how did she not realise?" But experts say it's entirely possible for it to happen.

'My miracle is finally here'

How has the world continued on its pace when mine has been altered so drastically?

Dairy can help older women fall pregnant: study

Ice cream may be the ultimate comfort food, but a study suggests it could also help older women to have children.

Megan Gale goes topless for 'sexiest people' cover

Six months after a heavily pregnant Megan Gale posed nude for Marie Claire, the glowing new mum has gone topless for the cover of another magazine.

A new perspective on life from living with two diseases

A mother shares her personal story about the difficulty of living with two conditions, one of which stops her from being able to see her daughter's face.

Warning about Children's Panadol dosage

The Therapeutic Goods Administration has issued a safety advisory warning parents about confusion when using the dosing syringe supplied with Children's Panadol.

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Take 'The Coles Big Nappy Change' Challenge

You could become part of our Test Drive team and win one of 200 packs of Coles Little Explorer Nappies as part of our 5-day challenge.

Win 1 of 5 Canon Powershot D30 cameras

Capture life more easily with the Canon Powershot D30. Shockproof, waterproof and dustproof, you can take it almost anywhere and shoot beautiful images, time after time. Enter now!

16 parenting truths you won't find in the baby books

I am five years into this parenting gig and I’ve learnt that sleepless nights and changing dirty nappies are child’s play.

Best and worst potty party cakes

It's nice to celebrate a child making the shift from nappies to 'big kid' undies, but do we really need a semi-realistic used toilet cake to do it? Here are some of the best and worst cakes parents have used at 'potty parties' around the world.

7 tips for a financially festive Christmas

Plan ahead - and do it now - to ensure festive season expenses don't break the bank.

'Go the F*** to Sleep' author's new book for frustrated parents

A sequel is coming soon to the 2011 hit book 'Go the F*** to Sleep' - and this time, it's about mealtimes.

Great birthday party buys from Etsy

Handmade crafts to decorate and personalise your child's next birthday - from banners to cake decorations, we've got gorgeous party finds from Etsy.

Join us in The BIG nappy change

Introducing the new Coles Little Explorer Nappies! You can confidently rely on Coles Little Explorer nappies at each stage of your child's growth, so take the Big Nappy Change and try new Coles Little Explorer nappies for yourself!

Creative storage ideas for the kids' rooms

Creative and practical storage ideas for the kids' toys and books can also add some stylish decor to your home. Visit babyology.com.au for more stylish modern finds for hip kids & parents.

Weird trend

Couple has five babies in 14 months

Julie and David Grygla weren't sure they'd ever have kids - but their dreams have now well and truly come true.

To the mum in the doctor's waiting room

Maybe the mum I saw in that waiting room, seemingly disconnected from her baby, doesn’t have the support she needs.

10 space-saving nursery ideas

Starting a family doesn't always mean moving into a bigger house - not yet, anyway.

 

What's in a name?

Baby Names

Looking for a classic name, or an unusual name? Our Baby Name Finder is for you, search or browse to refine your shortlist.

 
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.