Whilst maintaining property is a legislative requirement, it is also a sound investment to maintain your property to protect the capital value of the investment. It is furthermore vital risk management to ensure the property is in sound condition and well maintained to prevent potential litigation claims of personal injury.
As your managing agent, and always acting in your best interests, we wish to advise of possible actions that may be taken by the tenant by the failure of not attending to the routine maintenance.
Under Queensland law (section 185 of the RTRA Act) lessors have a legal obligation to maintain their premises and inclusions. Failing to comply places you in breach of your lawful obligations.
1) The tenant may issue a Form 11 – Notice to Remedy Breach, which is a 7 day notice to rectify due to breach of contract.
a) upon expiry of the breach notice (and if the matters of concern are not rectified) could issue a notice to terminate the tenancy by providing a further 7 days’ notice. This step would release the tenant from the tenancy without any further obligations on them.
b) The tenant could also seek compensation through Tribunal for breach of contract which could include costs such as removalist costs.
2) The tenant could also issue a Form 16 – Dispute Resolution Request with the Government regulators (The RTA) requesting assistance due to non-compliance of legislation.
3) Another option for tenants under Queensland law is they may apply to Tribunal for a rent reduction, compensation and/or an order request that maintenance be attended to.
If Tenants allege Lessors are not maintaining the property as per the legislative requirements (outlined in section 185 of the RTRA Act), they could apply to tribunal for a repair order under section 191: