CONSUMING MATTERS

June 2002

PRODUCED BY

THE CONSUMER AND TENANT RESOURCE CENTRE OUTER EAST

FUNDED BY THE CONSUMER AND BUSINESS AFFAIRS VICTORIA

URGENT REPAIRS

Winter is upon us again, and we have begun receiving numerous calls from tenants who have problems with heaters, hot water services and leaking roofs. Urgent repairs are specifically defined as - a burst water service - a blocked or broken toilet - serious roof leak - a gas leak - a dangerous electrical fault - flooding or serious flood damage - serious storm or fire damage - a failure or breakdown of any essential service or appliance provided for hot water, water , cooking, heating, or laundering - a failure or breakdown of the gas, electricity or water supply - a malfunction in appliances or fittings that use or supply water which will mean a substantial amount of water gets wasted (this only applies to appliances or fittings supplied by the landlord) - any fault or damage that makes the premises unsafe or not secure - a serious fault in a lift or stair case.

The landlord must carry out urgent repairs straightaway. You do not have to serve a written notice on the landlord, but you must attempt to contact the landlord or agent to request the repairs before you arrange anything yourself. It is advisable that you keep a written record of what steps were taken to get the landlord or agent to have the repairs done.

You can arrange to have the repairs done yourself up to the cost of $1,000 if you cannot contact the landlord or agent, or if they do not act quickly enough. The landlord then must reimburse the tenant 14 days after written notice has been given detailing the costs and what repairs were involved. The problem is that many tenants cannot afford this option, or simply do not want to pay for these repairs. If this is the case you can then apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the landlord carry out the urgent repairs. The Tribunal must hear the application within 2 business days.

You also have the option to ask that your rent is paid into the Rent Special Account, that is operated by the Tribunal. This means that you pay your rent directly to the Tribunal, so that you don't fall behind on your rent, but your landlord doesn't get any money until the repairs are done. Any repairs other than those listed are general repairs and a tenant should not arrange to have these done unless a landlord or agent have given consent and agreed to pay for these expenses in writing.

If you have any queries regarding repairs to your tenanted property or if you would like to have a repair request form for non-urgent repairs sent out to you, please don't hesitate to contact us.

PESTS

With the onset of cooler weather we have begun to receive calls regarding pests that have found their way into tenanted properties. When the weather gets wetter mice, rats and possums start to look for drier/warmer places to live, and unfortunately that sometimes means that they take up residence in our homes.

Who is responsible for the removal of these pests? If the landlord has been negligent with the maintenance of the property and, for example there are gaping holes in walls or the eaves allowing access to rodents, then the landlord is responsible for the removal of these pests and also the repairs to the property. If however, the rodents have managed to get in, as they unfortunately do when they get desperate to get out of the wet, with no obvious signs of maintenance neglect on the landlord's behalf, then it is the tenants responsibility to remove the pests. A visit to the local supermarket will provide many options for the removal of rats and mice, depending on your personal preferences. There are many types of baits and traps available.

If your problem is a pesky possum then you can usually hire a possum trap from your local council. Remember that they are a protected creature and must be re-released in the same area they are captured in.

DUMMY BIDDING

Recently consumers who attend property auctions have begun to wonder whether the opposing bid was a tree, a bird or superman! The practice of dummy or vendor bidding to increase the sales value of a property has become an issue of concern in the marketplace.

The practice of dummy bidding is not illegal, a recent Estate Agents Council (EAC) report recommends changes to protect consumers against unethical practices and regulate auction procedures including 'dummy' and 'fictitious' bidding, bids made after the fall of the hammer and under-quoting and over-quoting.

Agents caught taking dummy bids without declaring them stand to lose their license as an agent. Consumer Affairs inspectors will randomly attend auctions to monitor the situation, as well as attending auctions conducted by any agent who has been the subject of complaints that have been placed, or accepted dummy bids.

DON'T SWING ON THE RING

Following a recent death and reports of injuries consumers need to be aware of the potential hazards posed by backboards which are inappropriately used or installed. As part of an education campaign to promote basketball safety our centre has available some great colorful safety stickers, designed to appeal to children and young people. If you are interested in receiving a set of free stickers please contact us on 9761 0288.

VISITING LOCUM

As a member of the call centre staff at Consumer and Business Affairs Victoria I have always appreciated the ability to refer callers where necessary to the various consumer and tenancy support groups around Victoria.

It was not until I was fortunate enough to work at the Consumer and Tenant Resource Centre Outer East that I fully appreciated the work done by such groups. I have been amazed at the wide range of people that are looked after. It has been a most valuable working experience and I thank the staff at Boronia for making this such an enjoyable time.

Karen O'Brien.

ESTATE AGENT RESOLUTION SERVICE

Located within Consumer Affairs, EARS is a dedicated service for advice, information, complaints, mediation, investigation and dispute resolution on all real estate matters. Consumers who have concerns, questions or complaints on anything to do with buying, selling or leasing property should call EARS on 1300 737 030 or write to 452 Flinders Street, Melbourne, 3000.