Astute Realty Landlord’s commonly ask for special conditions to be inserted into the tenancy agreement that should an appliance cease operating during the tenancy that it will not be repaired or replaced.
Such clauses are in breach of tenancy legislation. Legislation requires that should an appliance be present and in working order at the start of the tenancy, the landlord is obligated to maintain and replace the item should it cease working during the tenancy. All too often we find that tenants are entitled to compensation in instances where the landlord fails to maintain or replace an appliance. Rulings are in place as a precedent that the landlord can be ordered not only to replace the item but to pay the tenant compensation during the period in which the tenant did not have use of the appliance.
Our advice to you is that if you have an appliance installed at your investment property, then legally it forms part of the tenancy and the repair and replacement provisions cannot be contracted out of the tenancy agreement. We make this recommendation to you based upon prior experience in such cases and to minimise the risk of loss or the chance of compensation being awarded against you should you elect not to maintain or replace the item.
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