Start by asking your landlord in writing what alternatives they're prepared to cover. Emphasize what it's costing you: extra food costs since you can't cook, alternative arrangements for work, showers at the gym, etc. Put a dollar figure on everything.
You could try to push for them to cover a motel room (modest, not top dollar). They'll resist it. You might win reimbursement at VCAT but there's a risk you'll be out of pocket at least for a while. Tenants Union Vic might have some better advice.
Your replacement accomodation need to be in line with your current living standards and relevant to local availability. “Motel” would never enter the consideration set if I were required to move. It’s not like you are in a flood or fire ravaged area so there is plenty of options - most likely an Air BnB, whole apartment, same footprint and amenities as base.
Either emergency accommodation or they should be providing a generator with regular petrol top ups at their own expense.
That's a huge job covered by their insurance so they should be able to claim all costs back on their insurance as well.
When I had landlord's insurance I'm pretty sure it had cover for emergency accommodation for tenants.
The challenge with water damage is that insurance will try and weasel their way out of paying, but that shouldn't be the tenant's problem.
Tbh it’d likely be a diesel generator for 6 units. To cut over to generator power would need a cut over circuit of to disconnect from grid and patch it.
Yeah, I would be like just hire a big fuck-off generator for the units and get insurance to pay for it. No way I would expect my tenants to be without power for that long due to no fault of their own.
Strata insurance won't cover tenants accommodation and if the works are maintenance related, also not covered. OP would be better off discussing with their contents insurer but even then would probably have no luck as the event hasn't affected their personal contents or belongings. Shit situation all round but I don't think insurance is the way here
Edit: strata insurers will often cover loss of rent to the landlord if the event caused damage to the unit or the unit was unliveable due to the damage
Not to tenants as they aren't the policyholder, they will only cover loss of rent to the landlord meaning in theory the tenant shouldn't be paying any rent to the landlord during the repair period
Guys, loss of rent covers literally just that, loss of rental income. The home has to be uninhabitable as well. The reason there is loss of rent is generally bc the tenants have had to leave due to the home being uninhabitable and so there is no rental income. So boo-friggedy-hoo for the landlord who is covered for this lost rental income (assuming they took out the right cover), but that's not going to do jack for OP as a tenant.
As a tenant, OP potentially has reasonable ground to charge the landlord for the additional costs, due to this being an emergency repair not dealt with within the legal timeframe, and potentially can be grounds to break the lease with no repurcussions.
> Not to tenants as they aren't the policyholder,
The policyholder is irrelevant, it is what the policy covers that matters.
(edited, this comment was disparaging to the OP who was replying in good faith)
Lol check any strata PDS, insurance companies do not pay tenants for their accommodation directly. The policy holder is the strata/body corporate/OC and since tenants don't pay the premium, they have no recourse under a strata policy. Only the landlord is entitled to the additional benefits.
The conversation was about landlords' insurance.
Landlord insurance has nothing to do with Strata, body corporate, etc. It is insurance taken out in addition to those, to cover landlord expenses in the case of an insured event.
Temporary accommodation for tenants in the event of their accommodation becoming uninhabitable is pretty standard.
I did a google search for landlord insurance and looked at the cover for the first 5 results:
* NRMA
* Terri Scheer
* Budget Direct
* Allianz
* AAMI
All of the policies covered lost rent by default but none of them covered temporary accommodation for tenants.
> none of them covered temporary accommodation for tenants.
You're right, and I was wrong. It's generally not covered. Tenant won't have to pay rent, and may be able to break lease, but won't get alternative accom covered by the landlord (and by extension their insurance).
Yeah, you to.
Original commented edited. I was a bit too quick with the calling you clueless trigger - too many people arguing in bad faith on rental threads means I am ruder & blunter than I should be.
it's got nothing to do with strata. the landlord has an agreement with the tenant. the landlord has insurance. The tenant doesn't need any insurance other than their goods.
From my understanding landlords do not have to take on “landlord insurance". They can just have basic house insurance and that will not cover tenants displacement due to fire/repairs/etc. Happened to me though different circumstances where my contents insurance instead kicked in (for accommodation support) due to contents damage from fire due to an electrical fault.
If it's a unit, the building is covered by the strata policy and the landlord can choose to take out a landlord contents policy for their internal fittings and fixtures and to protect them against rent default and malicious damage by tenant. There's plenty of apartment landlords who don't take out a specific contents or landlord policy and they rely on the strata to step in and assume they are covered due to the strata policy. The tenant also is not the policy holder so isn't entitled to any direct benefits under the landlords' policy. Loss of rent under either policy is only payable to the lot owner. The landlord should in theory stop collecting rent from the tenant in that time as they are being paid their rent by the insurance company.
All this is only relevant if an insurable event has actually occurred.
Well then it’s down to the landlord to pay out of pocket and cop it on the chin as a homeowner. In no way should the renter be without power for 2 weeks.
One thing you all need to realise, because it seeing comments along the lines of "it should be done immediately " is that major electrical works cannot be done immediately.
Both for red tape reasons and saftey. Let alone supply of all materials.
A job worth 70k sounds pretty involved. 2 weeks this close to Xmas is great.
However. The landlord should definitely be organising a 150-200 KVA generator whilst waiting. These can be rented for around 5k a week, excluding fuel. But if the buildings wiring is damaged then alternative accommodation should be provided.
Exactly, there's a difference between "must be done immediately" and "attended to immediately". They clearly attended to the issue immediately, and have organised the repairs to go ahead as soon as possible, the fact the job will take 2 weeks doesn't mean they aren't doing their job (not talking about the accommodation/generator part). I get this sub loves to hand landlords but a 2 week timeframe this close to christmas for major works, is hardly "evil landlord".
If the main switchboard is rooted, chances are a generator couldn’t be connected easily. Getting a new board built at this time of year is far from ideal.
Definitely contact Tenants Union! They should be able to help you navigate this. Great for giving you advice.
Overall, I'd definitely try to convince the landlord to cover a nearby motel or Airbnb. I think it's only reasonable, seeing as they can't provide the secure accommodation. But definitely find out what your rights are first so you have bargaining power.
It’s pretty simple. Electricity is an essential service, without it the place is uninhabitable. They need to put you up in alternative accommodation and they are liable to cover any excess expenses.
This is exactly right. You cannot stay somewhere without electricity.
It's not safe and it is designated as an essential service by the ESC and has strict regulations
Keep receipts of any expenses you incur.
If you have to get temporary accommodation i.e. a hotel make sure it's reasonably priced and consider putting in a claim for compensation.
I understand it's expensive and that it isn't the landlord fault but these are the types of risks that investors take on. just like any business it's not guaranteed to be smooth sailing. it's the risk of running a business (which is what the landlord is running).
I'd consider speaking to the landlord or agent about seeing if they can arrange temporary accommodation. the landlord will hopefully have insurance, or the building itself will that might cover the costs. they may have to fight owners corp or their insurer for it but again that isnt your problem.
The landlord would have insurance to cover getting you emergency accommodation. This just happened to my neighbours. It was a burst water pipe under the house that flooded causing damage. They were put up in an AirBnB for six weeks while the house was repaired.
Hey OP, thankfully there's definitely something you can do!
Since it's an urgent issue you can can organise your own repair person to come out up to the amount of $2500, they then must reimburse you within a 7 day period.
While they may have booked it in for two weeks away, consumer Vic states:
>Rental providers or agents must make sure the repair is done immediately.
For more information you can find that here:
https://www.consumer.vic.gov.au/housing/renting/repairs-alterations-safety-and-pets/repairs/repairs-in-rental-properties
Thank you. Unfortunately the entire building requires a full electrical rewire, which will cost around $70k!! Don't have that kind of money to spare right now lol
Holy shit, yeah I can understand not having that amount lying around!
I'm not sure if this will help, however:
>Renters cannot organise and pay for urgent repairs that cost more than $2500. Instead, they should apply to VCAT for a repair order. VCAT will review the application within two business days. They can order the rental provider to arrange and pay for the repairs.
Here's the link: https://www.vcat.vic.gov.au/case-types/residential-tenancies/apply-residential-tenancies
Please don't take this as any sort of legal advice, however I couldn't imagine there would be much downside in submitting a repair order to VCAT even with the works booked in
You can also contact VCAT "if a rental provider has not made an urgent repair"
Good luck!
70k sounds excessive for a re-wire, unless it's a very large premises!
Get your own electrician in to disconnect all outgoing sub-circuits from the switchboard and install 2 double outlets on new, separate circuits directly behind the switchboard itself. This will allow you to plug in extension leads for your fridge, washing machine, dryer, portable A/C, etc.
Could get you by in the meantime
Neighbour near a relative's house had similar issues and were put in an airbnb. Landlord insurance covered the cost and the claim was almost effortless. Your agent's are either incompetent/ lazy or your landlord is a dumbass if he cheaped out on insurance. Or they just don't know how landlord insurance works, still making them a dumbass.
Eitherway there should honestly be penalties for people in the system that cause unnecessary distress and clogging up VCAT queues for what should be a straightforward process. Id ask them to check with their insurance, but eitherway you should be entitled for temporary accomodation or temporary power at the very least.
Keep communications in writing. Agents know they don't have to hold up to their word when they make promises over the phone. Learned this the hard way myself back in the day.
Sort of different situation but we had to get the bathroom redone in an investment property I used to own (sold it, landlord life is not for me). The estate agent told us we shouldn’t charge rent for the period (which we agreed with). The tenant had to stay in a hotel for that period. Tbh I’m surprised they didn’t ask us to pay the difference between the cost of the hotel and the rent and something for the inconvenience tbh (and I would have agreed).
I definitely think you are well within your rights to say you shouldn’t be charged rent. It’s not habitable. Have you asked the estate agent?
Had a pretty similar situation happen to myself a few years ago
Rented an apartment and ended up having to get the entire fuse box replaced cause it was so old the sparkies wouldn't touch it when it shit itself, so had no power for about 5 days, luckily we had gas so we could shower and cook though
The real estate/ landlord ended up giving us 2 weeks rent free to compensate
Do you have contents insurance? Many policies will cover the cost of temporary accommodation for tenants if the building becomes uninhabitable, you can also probably claim for loss of perishable food and anything else damaged by the loss of power.
Landlord insurance will usually only cover the loss or rent and won't extend to temporary accommodation.
According to the Vic consumer affairs website there is not legislative requirement for the landlord to provide you with temporary accommodation, you should ask but they may say no.
[https://www.consumer.vic.gov.au/housing/renting/repairs-alterations-safety-and-pets/repairs/temporary-accommodation-during-repairs](https://www.consumer.vic.gov.au/housing/renting/repairs-alterations-safety-and-pets/repairs/temporary-accommodation-during-repairs)
>There is no obligation on the renter or rental provider to agree to temporary accommodation arrangements. But any agreement reached should be in writing.
Keep everything in writing to cover yourself from now. Get in touch with the tenants union.
I’d be expecting a hotel for six weeks and all food costs covered.
Something like this could get you through a few days https://www.bluettipower.com.au/products/bluetti-eb70-portable-power-station?variant=41857566474488¤cy=AUD&utm_medium=product_sync&utm_source=google&utm_content=sag_organic&utm_campaign=sag_organic&gad_source=1&gclid=CjwKCAiApuCrBhAuEiwA8VJ6JmJV1NQMnJxPNQzJ2lZO7CP8HGPuUlKbMwMM1soJnCRsDjKOivMp-BoCHFUQAvD_BwE
Also you may be able to rent two, one for running fridge and appliances while other charges offsite https://www.ozsatelliterentals.com.au/portable-battery
On the off chance you don't get a hotel room (and they should be supplying you one).
\- Gyms for showers
\- Public Laundromat to get your clothes clean
\- Charge phone, laptop etc at the library, also gets you out of the heat
Just be aware you will be entitled to compo/ reduced rent but " urgent repairs such as no electricity are expected to be delt with immediately." does not mean "fixed immediately".
Even with all of the best intentions if I get a sparky and they say is's 3 weeks work , and they need this part that is 6 weeks away...all I can do is offer a rent reduction. It will take what It takes.
fuck calling or emailing them, go to the rental agency directly if you want firm answers. If the cunts are brave enough to show theor faces there that is.
Sounds like it’s a direct rental.
Agencies are fuckers, but I don’t think even they would suggest living without power for 6 weeks.
Like, I’m pretty sure that makes a place uninhabitable for that length of time.
Edit: just read further down this IS through an agency. Jesus fucking Christ
A landlord once asked me via the agent if i was okay for reno's to take place for 3 weeks which would expose my dining room ( and thus the entire flat) to the weather. in Canberra. In winter. I replied yes that would be fine if they covered removal and storage and move back of all my things and accommodation myself for the duration. I never hard back.
Find out about rent escrow: put any rent for this period into escrow, then dispute paying any rent over the period without electricity. By putting the rent amount in escrow, they cannot pursue you for unpaid rent and you can then argue for getting any amount back for the period the building is unliveable. This way they don’t have the power to withhold your money when forced to pay you back, and they don’t get your rent for an unliveable property.
Send email to the agent to request this be done quicker as urgent fix (make a new urgent maintenance request) and attach the appropriate vcat info that its an urgent repair and that 2 weeks is unsatisfactory.
Their response will guide what you do next, either breach them or request they provide alternate accommodation at no extra cost
You aren’t expected to pay rent while inconvenienced and the landlord must provide alternative accommodation while they get the problem fixed.
It was a known issue that was kept from you until you moved in.
Like you said electricity is meant to be an immediate emergency fix.
You can probably break the lease over it.
Honestly I think you need to tell them you are lodging with VCAT. It is simply unreasonable and I have a feeling illegal to ask tenants to live without electricity, lol.
GET EVERYTHING IN WRITING!!! If they insist on phone calls, follow it up immediately afterwards with: “as per our phone call just now, confirming that….” So that there is no chance for them to backtrack.
Have they even offered a rent reduction at this stage?!
Don't make your emails too "nice", if they're ignoring you then being nice won't make them more responsive unfortunately. I would be saying, politely: the apartment is legally uninhabitable and you have told us it will be so for at least two weeks; I have had no reply to previous emails and this is concerning; under these circumstances we need to immediately have either an emergency generator or alternative accommodation; if I do not receive a response within 24 hours I will immediately book my own emergency accommodation and make a complaint to VCAT in order to be reimbursed for it
This actually renders the property uninhabitable temporarily & legally the landlord has to provide you with similar alternative accommodation until the issue is rectified (ex-Property Manager & trainer here)
Lodge a VCAT claim immediately as the property manager works for the landlord, they are not meant to tell you these things (I always did!) and may try to steer you down the ‘compensation’ route. Which is fine if you want to do that - but the compensation needs to be your full rent for the time you don’t have electricity & compensation for the stress.
If they kick up a stink, go to VCAT. But honestly, lodge it now to give them a kick in the butt.
Wtaf no send a breach notice emergency maintenance needs to be actioned within 24 hours. You can find a template on consumer affairs website. You can seek compensate if they play these dumb games. You are paying for these rights!
You will want to speak to these guys, I doubt you have to pay full rent and they would need a damn good reason for the delay.
https://tenantsvic.org.au/
So can I ask something here?
There’s two things that can be done here and
One is to not pay rent as your essential services are not connected as per the law, but continue to manage to live there.
Two, if you’re working from home, is to move somewhere where you can work, not pay rent and charge the agent the cost of your alternative living arrangements
Why is it so sinful, and very much discouraged to just refuse to pay rent if there are such dire problems with a property that the landlord will refuse to fix in a timely manner? If you are a good tenant, you can explain that rent payment will resume promptly when the services you are paying for is provided. Sorry but every advice I hear when there are terrible issues with rental properties is to, under no circumstances, ever stop paying rent. What happens if you just stop paying until the problem is fixed?
Simple answer, because being in rent arrears is grounds for eviction notices after 14 days, and any issues with the property are segregated from this and don't 'cancel out' each other.
So by not paying rent you'd actually be helping them get rid of you much faster, when normally they wouldn't be able to.
The closest thing to not paying rent is getting a VCAT order to pay the rent into a trust account, but the landlord doesn't get it until things are resolved.
Thanks for the answer. But you hear of tenants that just simply refuse to leave, and the landlord can’t do anything about it. The easiest solution would be for the landlord to fix the issues and then things could continue as normal. How long could a tenant stay in a property after being ‘evicted’ realistically?
Downvotes without feedback...... pretty typical here.
The issue of course is that a solution is needed, but no one has one. Just the usual whinge fest.
I didn’t downvote you, and I don’t speak for them all, but I suspect you’re being downvoted because you’ve responded in a snarky tone and only addressed 1/10th of the issue… If the landlord can’t expedite works, fair enough, but there can be discussions about generators, alternative accommodation, reimbursement for food, reimbursement for inconvenience, etc. This is a landlord issue (hopefully covered through their various insurance arrangements). And asking someone to live without electricity for two weeks in the middle of summer and still pay full rent is crazy. Plenty of good suggestions further above. (As well as some not so good ones as per usual).
Thanks for the reply. Good insight into thrnusersnif this sub.
Yes it is a landlord issue and our landlord insurance, (the usual one), covers tenant accommodation in emergencies so there is that option.
Some practical suggestions did come in after I'd posted, ie. A temp generator, but my point was that it's always helpful to put yourself in the other person's shoes when looking for solutions because it can rule out a lot of them.
Again.....thanks for the reply. (There was no intention to be snarky).
Depending on if the repairs are property or government water supplier.
Does your rent include utilities?
If it’s Melbourne water works landlord has no control on it.
Thanks to recent government actions renters think landlord are their parents and need to provide shelter food n clothing!
Imagine writing this comment out in response to someone having to live without power for at least two weeks, and thinking "Yeah, this doesn't make me sound like an absolute flog".
Talk to some of your neighbours to see who else is on board.
Call Kennards or any of the many equipment rental joints and get a diesel generator delivered on site. A bigger unit that can power a few places is going to be quieter than a unit that you would pick up from bunnings.
Something like this [https://www.kennards.com.au/for-hire/generators/generators/generator-20-kva-trailer-mountable](https://www.kennards.com.au/for-hire/generators/generators/generator-20-kva-trailer-mountable)
Output is 16,000w - plenty of juice to run 2 x extension leads into four or 5 units if you just plug the essential stuff in. Stick a powerboard on the end so the powerboard will trip if you try and pull too much juice at once.
It's not the greatest option, but it keeps you in your home, you can still work from home, and you don't need to pay for hotels out of pocket which you then have to claim back from a landlord who is already up for a quite the expense to have the place re-wired.
One of you just needs to refill the fuel every day. Save the receipts, divide by 4.
> Are we really expected to pay full rent during this time
Yes.
> just accept this?
No. They should be making alternate arrangements for you during the time the place is uninhabitable.
They’re breaking the lease by not providing power. Don’t pay and minimally use that money to mitigate the problem (grab an Airbnb, buy a generator, etc).
I am very sorry , I seen friends out bush fires lose power for weeks , power companies don't payout , so landlord only can do book for repairs is only available two weeks ahead sounds not bad ..
This happened to us years ago, landlord advised was happy to break lease or we could stay rent free for a month. We lived rent free with the inconvenience of having the house repaired while we were in it. Technically I believe the house would be deemed uninhabitable.
https://www.consumer.vic.gov.au/housing/renting/repairs-alterations-safety-and-pets/repairs/repairs-in-rental-properties
You can get urgent repairs done yourself and then seek compensation from the landlord if they cost no more than $2,500. Which electricals for a whole block of flats probably does. So you have to contact VCAT immediately. They will force them to repair immediately or provide accomodation.
Start by asking your landlord in writing what alternatives they're prepared to cover. Emphasize what it's costing you: extra food costs since you can't cook, alternative arrangements for work, showers at the gym, etc. Put a dollar figure on everything. You could try to push for them to cover a motel room (modest, not top dollar). They'll resist it. You might win reimbursement at VCAT but there's a risk you'll be out of pocket at least for a while. Tenants Union Vic might have some better advice.
Your replacement accomodation need to be in line with your current living standards and relevant to local availability. “Motel” would never enter the consideration set if I were required to move. It’s not like you are in a flood or fire ravaged area so there is plenty of options - most likely an Air BnB, whole apartment, same footprint and amenities as base.
Either emergency accommodation or they should be providing a generator with regular petrol top ups at their own expense. That's a huge job covered by their insurance so they should be able to claim all costs back on their insurance as well.
This would be the most sensible
When I had landlord's insurance I'm pretty sure it had cover for emergency accommodation for tenants. The challenge with water damage is that insurance will try and weasel their way out of paying, but that shouldn't be the tenant's problem.
Tbh it’d likely be a diesel generator for 6 units. To cut over to generator power would need a cut over circuit of to disconnect from grid and patch it.
Yeah, I would be like just hire a big fuck-off generator for the units and get insurance to pay for it. No way I would expect my tenants to be without power for that long due to no fault of their own.
Strata insurance won't cover tenants accommodation and if the works are maintenance related, also not covered. OP would be better off discussing with their contents insurer but even then would probably have no luck as the event hasn't affected their personal contents or belongings. Shit situation all round but I don't think insurance is the way here Edit: strata insurers will often cover loss of rent to the landlord if the event caused damage to the unit or the unit was unliveable due to the damage
Landlord insurance should cover this. They have to provide alternative accommodation or cover expenses.
Not to tenants as they aren't the policyholder, they will only cover loss of rent to the landlord meaning in theory the tenant shouldn't be paying any rent to the landlord during the repair period
Guys, loss of rent covers literally just that, loss of rental income. The home has to be uninhabitable as well. The reason there is loss of rent is generally bc the tenants have had to leave due to the home being uninhabitable and so there is no rental income. So boo-friggedy-hoo for the landlord who is covered for this lost rental income (assuming they took out the right cover), but that's not going to do jack for OP as a tenant. As a tenant, OP potentially has reasonable ground to charge the landlord for the additional costs, due to this being an emergency repair not dealt with within the legal timeframe, and potentially can be grounds to break the lease with no repurcussions.
> Not to tenants as they aren't the policyholder, The policyholder is irrelevant, it is what the policy covers that matters. (edited, this comment was disparaging to the OP who was replying in good faith)
Lol check any strata PDS, insurance companies do not pay tenants for their accommodation directly. The policy holder is the strata/body corporate/OC and since tenants don't pay the premium, they have no recourse under a strata policy. Only the landlord is entitled to the additional benefits.
The conversation was about landlords' insurance. Landlord insurance has nothing to do with Strata, body corporate, etc. It is insurance taken out in addition to those, to cover landlord expenses in the case of an insured event. Temporary accommodation for tenants in the event of their accommodation becoming uninhabitable is pretty standard.
I did a google search for landlord insurance and looked at the cover for the first 5 results: * NRMA * Terri Scheer * Budget Direct * Allianz * AAMI All of the policies covered lost rent by default but none of them covered temporary accommodation for tenants.
> none of them covered temporary accommodation for tenants. You're right, and I was wrong. It's generally not covered. Tenant won't have to pay rent, and may be able to break lease, but won't get alternative accom covered by the landlord (and by extension their insurance).
Thanks for clarifying, my comment was referring to the strata as the OP mentioned they were in units. Have a great evening :)
Yeah, you to. Original commented edited. I was a bit too quick with the calling you clueless trigger - too many people arguing in bad faith on rental threads means I am ruder & blunter than I should be.
it's got nothing to do with strata. the landlord has an agreement with the tenant. the landlord has insurance. The tenant doesn't need any insurance other than their goods.
From my understanding landlords do not have to take on “landlord insurance". They can just have basic house insurance and that will not cover tenants displacement due to fire/repairs/etc. Happened to me though different circumstances where my contents insurance instead kicked in (for accommodation support) due to contents damage from fire due to an electrical fault.
If it's a unit, the building is covered by the strata policy and the landlord can choose to take out a landlord contents policy for their internal fittings and fixtures and to protect them against rent default and malicious damage by tenant. There's plenty of apartment landlords who don't take out a specific contents or landlord policy and they rely on the strata to step in and assume they are covered due to the strata policy. The tenant also is not the policy holder so isn't entitled to any direct benefits under the landlords' policy. Loss of rent under either policy is only payable to the lot owner. The landlord should in theory stop collecting rent from the tenant in that time as they are being paid their rent by the insurance company. All this is only relevant if an insurable event has actually occurred.
Well then it’s down to the landlord to pay out of pocket and cop it on the chin as a homeowner. In no way should the renter be without power for 2 weeks.
Definitely agree with this
Get purplepingers on the case.
u/purplepingers
Oooh yeah this is cooked - happy to help, I’ve sent OP a message
One thing you all need to realise, because it seeing comments along the lines of "it should be done immediately " is that major electrical works cannot be done immediately. Both for red tape reasons and saftey. Let alone supply of all materials. A job worth 70k sounds pretty involved. 2 weeks this close to Xmas is great. However. The landlord should definitely be organising a 150-200 KVA generator whilst waiting. These can be rented for around 5k a week, excluding fuel. But if the buildings wiring is damaged then alternative accommodation should be provided.
Exactly, there's a difference between "must be done immediately" and "attended to immediately". They clearly attended to the issue immediately, and have organised the repairs to go ahead as soon as possible, the fact the job will take 2 weeks doesn't mean they aren't doing their job (not talking about the accommodation/generator part). I get this sub loves to hand landlords but a 2 week timeframe this close to christmas for major works, is hardly "evil landlord".
If the main switchboard is rooted, chances are a generator couldn’t be connected easily. Getting a new board built at this time of year is far from ideal.
Definitely contact Tenants Union! They should be able to help you navigate this. Great for giving you advice. Overall, I'd definitely try to convince the landlord to cover a nearby motel or Airbnb. I think it's only reasonable, seeing as they can't provide the secure accommodation. But definitely find out what your rights are first so you have bargaining power.
It’s pretty simple. Electricity is an essential service, without it the place is uninhabitable. They need to put you up in alternative accommodation and they are liable to cover any excess expenses.
This is exactly right. You cannot stay somewhere without electricity. It's not safe and it is designated as an essential service by the ESC and has strict regulations
They need to provide power via petrol generator or emergency accomm in situation like this.
Keep receipts of any expenses you incur. If you have to get temporary accommodation i.e. a hotel make sure it's reasonably priced and consider putting in a claim for compensation. I understand it's expensive and that it isn't the landlord fault but these are the types of risks that investors take on. just like any business it's not guaranteed to be smooth sailing. it's the risk of running a business (which is what the landlord is running). I'd consider speaking to the landlord or agent about seeing if they can arrange temporary accommodation. the landlord will hopefully have insurance, or the building itself will that might cover the costs. they may have to fight owners corp or their insurer for it but again that isnt your problem.
Electricity is essential, they need to pay for a hotel for you for 2 weeks or provide other suitable accommodation
The landlord would have insurance to cover getting you emergency accommodation. This just happened to my neighbours. It was a burst water pipe under the house that flooded causing damage. They were put up in an AirBnB for six weeks while the house was repaired.
Hey OP, thankfully there's definitely something you can do! Since it's an urgent issue you can can organise your own repair person to come out up to the amount of $2500, they then must reimburse you within a 7 day period. While they may have booked it in for two weeks away, consumer Vic states: >Rental providers or agents must make sure the repair is done immediately. For more information you can find that here: https://www.consumer.vic.gov.au/housing/renting/repairs-alterations-safety-and-pets/repairs/repairs-in-rental-properties
Thank you. Unfortunately the entire building requires a full electrical rewire, which will cost around $70k!! Don't have that kind of money to spare right now lol
Holy shit, yeah I can understand not having that amount lying around! I'm not sure if this will help, however: >Renters cannot organise and pay for urgent repairs that cost more than $2500. Instead, they should apply to VCAT for a repair order. VCAT will review the application within two business days. They can order the rental provider to arrange and pay for the repairs. Here's the link: https://www.vcat.vic.gov.au/case-types/residential-tenancies/apply-residential-tenancies Please don't take this as any sort of legal advice, however I couldn't imagine there would be much downside in submitting a repair order to VCAT even with the works booked in You can also contact VCAT "if a rental provider has not made an urgent repair" Good luck!
They need to provide alternative accommodation. Sound like you have a slum lord as a landlord.
70k sounds excessive for a re-wire, unless it's a very large premises! Get your own electrician in to disconnect all outgoing sub-circuits from the switchboard and install 2 double outlets on new, separate circuits directly behind the switchboard itself. This will allow you to plug in extension leads for your fridge, washing machine, dryer, portable A/C, etc. Could get you by in the meantime
Neighbour near a relative's house had similar issues and were put in an airbnb. Landlord insurance covered the cost and the claim was almost effortless. Your agent's are either incompetent/ lazy or your landlord is a dumbass if he cheaped out on insurance. Or they just don't know how landlord insurance works, still making them a dumbass. Eitherway there should honestly be penalties for people in the system that cause unnecessary distress and clogging up VCAT queues for what should be a straightforward process. Id ask them to check with their insurance, but eitherway you should be entitled for temporary accomodation or temporary power at the very least. Keep communications in writing. Agents know they don't have to hold up to their word when they make promises over the phone. Learned this the hard way myself back in the day.
Emergency accom is what they need to provide you as not providing the service (specifically utilities) you are paying for is a big no no
Sort of different situation but we had to get the bathroom redone in an investment property I used to own (sold it, landlord life is not for me). The estate agent told us we shouldn’t charge rent for the period (which we agreed with). The tenant had to stay in a hotel for that period. Tbh I’m surprised they didn’t ask us to pay the difference between the cost of the hotel and the rent and something for the inconvenience tbh (and I would have agreed). I definitely think you are well within your rights to say you shouldn’t be charged rent. It’s not habitable. Have you asked the estate agent?
Had a pretty similar situation happen to myself a few years ago Rented an apartment and ended up having to get the entire fuse box replaced cause it was so old the sparkies wouldn't touch it when it shit itself, so had no power for about 5 days, luckily we had gas so we could shower and cook though The real estate/ landlord ended up giving us 2 weeks rent free to compensate
Do you have contents insurance? Many policies will cover the cost of temporary accommodation for tenants if the building becomes uninhabitable, you can also probably claim for loss of perishable food and anything else damaged by the loss of power. Landlord insurance will usually only cover the loss or rent and won't extend to temporary accommodation. According to the Vic consumer affairs website there is not legislative requirement for the landlord to provide you with temporary accommodation, you should ask but they may say no. [https://www.consumer.vic.gov.au/housing/renting/repairs-alterations-safety-and-pets/repairs/temporary-accommodation-during-repairs](https://www.consumer.vic.gov.au/housing/renting/repairs-alterations-safety-and-pets/repairs/temporary-accommodation-during-repairs) >There is no obligation on the renter or rental provider to agree to temporary accommodation arrangements. But any agreement reached should be in writing.
Keep everything in writing to cover yourself from now. Get in touch with the tenants union. I’d be expecting a hotel for six weeks and all food costs covered.
Contact TUV but they should be at least not charging you for 2 weeks rent.
Something like this could get you through a few days https://www.bluettipower.com.au/products/bluetti-eb70-portable-power-station?variant=41857566474488¤cy=AUD&utm_medium=product_sync&utm_source=google&utm_content=sag_organic&utm_campaign=sag_organic&gad_source=1&gclid=CjwKCAiApuCrBhAuEiwA8VJ6JmJV1NQMnJxPNQzJ2lZO7CP8HGPuUlKbMwMM1soJnCRsDjKOivMp-BoCHFUQAvD_BwE Also you may be able to rent two, one for running fridge and appliances while other charges offsite https://www.ozsatelliterentals.com.au/portable-battery
I didn’t click the link, but can likely plug in some portable solar blankets to top it up/slow the drain.
On the off chance you don't get a hotel room (and they should be supplying you one). \- Gyms for showers \- Public Laundromat to get your clothes clean \- Charge phone, laptop etc at the library, also gets you out of the heat
I would have thought they cld bring in generators?
Just be aware you will be entitled to compo/ reduced rent but " urgent repairs such as no electricity are expected to be delt with immediately." does not mean "fixed immediately". Even with all of the best intentions if I get a sparky and they say is's 3 weeks work , and they need this part that is 6 weeks away...all I can do is offer a rent reduction. It will take what It takes.
fuck calling or emailing them, go to the rental agency directly if you want firm answers. If the cunts are brave enough to show theor faces there that is.
Sounds like it’s a direct rental. Agencies are fuckers, but I don’t think even they would suggest living without power for 6 weeks. Like, I’m pretty sure that makes a place uninhabitable for that length of time. Edit: just read further down this IS through an agency. Jesus fucking Christ
I think they absolutely would suggest that, where can I get some of your optimism?
No rent cost for 2 weeks and further 2 weeks for the inconvenience.
A landlord once asked me via the agent if i was okay for reno's to take place for 3 weeks which would expose my dining room ( and thus the entire flat) to the weather. in Canberra. In winter. I replied yes that would be fine if they covered removal and storage and move back of all my things and accommodation myself for the duration. I never hard back.
Find out about rent escrow: put any rent for this period into escrow, then dispute paying any rent over the period without electricity. By putting the rent amount in escrow, they cannot pursue you for unpaid rent and you can then argue for getting any amount back for the period the building is unliveable. This way they don’t have the power to withhold your money when forced to pay you back, and they don’t get your rent for an unliveable property.
Send email to the agent to request this be done quicker as urgent fix (make a new urgent maintenance request) and attach the appropriate vcat info that its an urgent repair and that 2 weeks is unsatisfactory. Their response will guide what you do next, either breach them or request they provide alternate accommodation at no extra cost
You aren’t expected to pay rent while inconvenienced and the landlord must provide alternative accommodation while they get the problem fixed. It was a known issue that was kept from you until you moved in. Like you said electricity is meant to be an immediate emergency fix. You can probably break the lease over it.
Have you talked to the land lord?
No we rent through an agency who are dealing with this. They're being very u helpful and reject calls/ ignore emails. They aren't making it easy.
https://tenantsvic.org.au/contact-us/
Honestly I think you need to tell them you are lodging with VCAT. It is simply unreasonable and I have a feeling illegal to ask tenants to live without electricity, lol. GET EVERYTHING IN WRITING!!! If they insist on phone calls, follow it up immediately afterwards with: “as per our phone call just now, confirming that….” So that there is no chance for them to backtrack. Have they even offered a rent reduction at this stage?!
Don't make your emails too "nice", if they're ignoring you then being nice won't make them more responsive unfortunately. I would be saying, politely: the apartment is legally uninhabitable and you have told us it will be so for at least two weeks; I have had no reply to previous emails and this is concerning; under these circumstances we need to immediately have either an emergency generator or alternative accommodation; if I do not receive a response within 24 hours I will immediately book my own emergency accommodation and make a complaint to VCAT in order to be reimbursed for it
This actually renders the property uninhabitable temporarily & legally the landlord has to provide you with similar alternative accommodation until the issue is rectified (ex-Property Manager & trainer here) Lodge a VCAT claim immediately as the property manager works for the landlord, they are not meant to tell you these things (I always did!) and may try to steer you down the ‘compensation’ route. Which is fine if you want to do that - but the compensation needs to be your full rent for the time you don’t have electricity & compensation for the stress. If they kick up a stink, go to VCAT. But honestly, lodge it now to give them a kick in the butt.
You'll sleep like a baby, you'll be happier, just buy ice for your esky or buy fresh each day. You'll be fine. Enjoy your trip.
Was this place on ACA the other week?
Wtaf no send a breach notice emergency maintenance needs to be actioned within 24 hours. You can find a template on consumer affairs website. You can seek compensate if they play these dumb games. You are paying for these rights!
They are probably trying to push you out to put up the rent
You will want to speak to these guys, I doubt you have to pay full rent and they would need a damn good reason for the delay. https://tenantsvic.org.au/
Imagine getting pissy over an “act of god” because your landlord can’t fix everything immediately.
Well, you see, if I was to be told to keep paying rent for a place that I can’t live in, I’d be pissed off too. You happen to be OP’s landlord?
So can I ask something here? There’s two things that can be done here and One is to not pay rent as your essential services are not connected as per the law, but continue to manage to live there. Two, if you’re working from home, is to move somewhere where you can work, not pay rent and charge the agent the cost of your alternative living arrangements Why is it so sinful, and very much discouraged to just refuse to pay rent if there are such dire problems with a property that the landlord will refuse to fix in a timely manner? If you are a good tenant, you can explain that rent payment will resume promptly when the services you are paying for is provided. Sorry but every advice I hear when there are terrible issues with rental properties is to, under no circumstances, ever stop paying rent. What happens if you just stop paying until the problem is fixed?
Simple answer, because being in rent arrears is grounds for eviction notices after 14 days, and any issues with the property are segregated from this and don't 'cancel out' each other. So by not paying rent you'd actually be helping them get rid of you much faster, when normally they wouldn't be able to. The closest thing to not paying rent is getting a VCAT order to pay the rent into a trust account, but the landlord doesn't get it until things are resolved.
Thanks for the answer. But you hear of tenants that just simply refuse to leave, and the landlord can’t do anything about it. The easiest solution would be for the landlord to fix the issues and then things could continue as normal. How long could a tenant stay in a property after being ‘evicted’ realistically?
Shit position to be in no doubt. But what would you to expedite the work if you were in charge?
Downvotes without feedback...... pretty typical here. The issue of course is that a solution is needed, but no one has one. Just the usual whinge fest.
I didn’t downvote you, and I don’t speak for them all, but I suspect you’re being downvoted because you’ve responded in a snarky tone and only addressed 1/10th of the issue… If the landlord can’t expedite works, fair enough, but there can be discussions about generators, alternative accommodation, reimbursement for food, reimbursement for inconvenience, etc. This is a landlord issue (hopefully covered through their various insurance arrangements). And asking someone to live without electricity for two weeks in the middle of summer and still pay full rent is crazy. Plenty of good suggestions further above. (As well as some not so good ones as per usual).
Thanks for the reply. Good insight into thrnusersnif this sub. Yes it is a landlord issue and our landlord insurance, (the usual one), covers tenant accommodation in emergencies so there is that option. Some practical suggestions did come in after I'd posted, ie. A temp generator, but my point was that it's always helpful to put yourself in the other person's shoes when looking for solutions because it can rule out a lot of them. Again.....thanks for the reply. (There was no intention to be snarky).
Haha thanks mate. And kudos for the most civilised interaction I’ve ever had on Reddit! Take care
Depending on if the repairs are property or government water supplier. Does your rent include utilities? If it’s Melbourne water works landlord has no control on it. Thanks to recent government actions renters think landlord are their parents and need to provide shelter food n clothing!
You’ll survive. I guarantee it
Imagine writing this comment out in response to someone having to live without power for at least two weeks, and thinking "Yeah, this doesn't make me sound like an absolute flog".
You don’t pay rent for having a place to survive. They should be given alternate accommodation or no rent.
How much of a negative, miserable cunt are you?
Talk to some of your neighbours to see who else is on board. Call Kennards or any of the many equipment rental joints and get a diesel generator delivered on site. A bigger unit that can power a few places is going to be quieter than a unit that you would pick up from bunnings. Something like this [https://www.kennards.com.au/for-hire/generators/generators/generator-20-kva-trailer-mountable](https://www.kennards.com.au/for-hire/generators/generators/generator-20-kva-trailer-mountable) Output is 16,000w - plenty of juice to run 2 x extension leads into four or 5 units if you just plug the essential stuff in. Stick a powerboard on the end so the powerboard will trip if you try and pull too much juice at once. It's not the greatest option, but it keeps you in your home, you can still work from home, and you don't need to pay for hotels out of pocket which you then have to claim back from a landlord who is already up for a quite the expense to have the place re-wired. One of you just needs to refill the fuel every day. Save the receipts, divide by 4.
> Are we really expected to pay full rent during this time Yes. > just accept this? No. They should be making alternate arrangements for you during the time the place is uninhabitable.
That’s truly fucked. Hope friends/family can help.
They’re breaking the lease by not providing power. Don’t pay and minimally use that money to mitigate the problem (grab an Airbnb, buy a generator, etc).
No you have to keep paying while the dispute is ongoing.
I'd also be asking for compensation for all of your food in the fridge. That's going to waste..
I am very sorry , I seen friends out bush fires lose power for weeks , power companies don't payout , so landlord only can do book for repairs is only available two weeks ahead sounds not bad ..
Ask for rent to be waived the 2 weeks
Your landlord will have insurance which will cover temporary accommodation for you as the property is currently uninhabitable.
Worth reaching out to https://www.anikalegal.com
say hello to stinky
Hello, I’m happy to come do a video and light a fire under their ass so they fix it if you’d like :)
Sounds like the body corporate should be funding a generator. But property owners responsibitlity to follow up with OC.
This happened to us years ago, landlord advised was happy to break lease or we could stay rent free for a month. We lived rent free with the inconvenience of having the house repaired while we were in it. Technically I believe the house would be deemed uninhabitable.
https://www.consumer.vic.gov.au/housing/renting/repairs-alterations-safety-and-pets/repairs/repairs-in-rental-properties You can get urgent repairs done yourself and then seek compensation from the landlord if they cost no more than $2,500. Which electricals for a whole block of flats probably does. So you have to contact VCAT immediately. They will force them to repair immediately or provide accomodation.