Webinar – Rental property Spring-time check-up

Good morning, everybody, and welcome to the RTA's September webinar. It's now spring and heading towards summer, so our topic today is rental property springtime checkup. Before we continue, the Residential Tenancies Authority respectfully acknowledges the traditional owners and custodians of this country. We pay our respects to that to them and their elders, past, present, and future. So, I'd like to introduce the team for our presentation today. My name is Cassie and co-presenting with me today is Mark Fidler. Good morning, Mark. >> Morning, Cass, and morning and thanks to everyone for joining us today. >> So, Mark and I are both RTA senior community education officers with a combined experience of 24 years at the RTA. Mark worked in our customer experience unit for many years in a variety of roles, including in the contact center and frontline support team. And I started in our contact center before moving into our in-house quality and training team, project teams, and finally into the education team about 1 year ago. In our 30 minutes today, we'll be covering a range of subtopics relating to preparation of a rental property for spring and the potential upcoming extreme weather such as the fire and storm season. So, we'll start with an overview of the general obligations relating to maintenance, which apply to property managers and owners, but also tenants. We'll then move on to talking about some specific areas as shown on the screen before we finish with looking at some of your questions. On that note, if you do have a question as we go through the presentation, please add it into the chat, and we will go through some of them towards the end of our webinar. Just a note that we'll only be addressing questions that relate to our topic. And And some instances, we may group similar questions together as opposed to addressing each individual question. Now, we appreciate that the information we present today is fairly general in nature and may not necessarily address individual situations. So, if you do have a question after today's session that relates to a specific circumstances, we would encourage you to call our contact center and discuss the matter. A bit about the RTA for those of you who may not have attended one of our webinars before or are not very very familiar with us. We're the Queensland statutory body that administers and regulates Queensland's tenancy laws. Our job is not to write the legislation, but we do implement it and provide feedback and insights to the Department of Housing and Public Works, which is responsible for writing it. Some of our services include a contact center where we take an average of 1,300 calls per day and support both tenants and managers or owners. A free confidential um dispute resolution service, which conciliates about 22,000 disputes per year. Education and information resources such as today's webinar and our free information sessions around Queensland. And a compliance and enforcement team, which investigates, I should say, alleged breaches of the legislation. We also collaborate with various stakeholders such as the REIQ, Tenants Queensland, uh ARAMA, which is the peak body for onsite managers. Caravan Parks Association of Queensland and the Property Owners Association of Queensland amongst a wide range of others. Okay, so let's start with a quick summary of the general responsibilities of each party in a tenancy uh when it comes to maintenance. For a property manager or owner, responsibilities at the start of the tenancy do include ensuring that the property and its inclusions are clean. Uh in good repair, fit for the tenant to live in, and do not breach any health and safety laws. They must also ensure that the minimum housing standards under Queensland law are met before the tenant moves in. So, we have a list of the minimum housing standards on the RTA website if you would like further details about what they are. During the tenancy, a property manager or owner must maintain the property and inclusions to ensure they remain in good repair and continue to meet the minimum housing standards and health and safety laws. As part of achieving this, they are required to address repairs in a timely manner. So, Mark, is there anything else you would like to add here? >> Uh just that Cass, the um if a property fails to comply with minimum housing standards, then any repairs required to bring it back up to standard are regarded as emergency repairs. So, something for for those you know, to be aware of. Uh the legislation does outline the process to be followed for uh emergency repairs, and there is information on our website regarding that. >> There is indeed. Thank you, Mark. So, a tenant also has responsibilities relating to maintenance. Firstly, they're required to keep the property and its inclusions clean. Whilst it's important to remember that the tenant is living in that property and therefore doesn't need to keep it looking like a showroom all the time, they should keep it generally clean and not maliciously damage the property or allow another person to do so. If their actions do cause cause damage, then they are required to repair it and bring the property back to the condition it was when they moved in. At the end of the at the end of the tenancy, at the legislation states that the tenant is then required to return the property in a similar condition to what to what it was when they received it, less fair wear and tear. So, I do want to add here that the act doesn't provide a the of fair wear and tear. However, you could generally consider it as wear that occurs due to aging or tear that happens as part of normal use. Um so, an example might be like paint paint fading on the outside of a house due to sunlight. Finally, an important part of a tenant's responsibilities is to provide notice to the property manager or owner in a timely manner when repairs or maintenance is required. And whilst we know that some tenants are hesitant to do this, uh we do want want to note that it's an obligation and it provides the property manager or owner with the opportunity to organize the repair as soon as possible. If the repair is regarded as an emergency repair under Queensland law, then the tenant may be required to firstly report it to the nominated repairer that's listed on the tenancy agreement. And as we noted earlier today, there is a legislated process uh for emergency repairs um and that needs to be followed. And before we go further, we want to highlight here that the tenant is not required to repair or compensate the owner for damage to the property or inclusions that has occurred due to an act of domestic and family violence. So, spring and summer often means more rain. Uh we definitely know that over the past few years and possibly damaging storms. And with that may come extra tasks around say around the yard or certain jobs that needed to need to be completed more often. Completing them regularly also helps to pedent potentially reduce the severity of damage and clean up if a weather event does occur. So, Mark, I'm going to hand over to you now. What are these tasks or jobs and who is responsible for doing them? >> Thanks for that, Cass. So, the act doesn't specifically discuss requirements relating to lawns, gardens, and trees and therefore we're talking generally in this part of the presentation. So, we note that arrangements for gardens, including those relating to the collection and ownership of fruit from trees even, um, should be listed in the special terms on your tenancy agreement. We encourage property managers and owners to discuss any special terms with the tenant at the start of the tenancy. And this helps to ensure that the tenant is aware of them, uh, and that everything's clear, and it gives them an opportunity, uh, to negotiate those terms, uh, and ensure that they agree to them. So, the condition of your gardens, your lawns, trees, and other plants should also be noted on your entry condition report. Um, so that's, uh, entry condition report is really important at the start of the tenancy. But in general, though, the tenant's responsible for relatively simple yard work, such as mowing and weeding, uh, and the property uh, manager or owner is generally responsible for, you know, major tree work, like lopping, um, trimming trees and shrubs, and attending to items that require, uh, require, rather, specialist upkeep or specialist equipment to maintain. I guess that the key there is the tenant's not expected to be a horticulturist. So, if you do have gardens that require quite specific, um, you know, requirements in regards to their upkeep, then you may need to consider that as a part of your special terms and where those responsibilities will sit. So, things like fallen branches, uh, that are large and might need special equipment to remove, that might, you know, generally be expected to be the property manager or owner's responsibility. Um, but, you know, smaller branches and, um, you know, palm fronds and those sorts of things that, you know, fall, uh, then it might be reasonable for the tenant to, uh, be responsible for those. But again, we recommend, uh, ensuring that your special terms, uh, are clear and where those responsibilities sit. Uh, one final thing to note here, I am, and I think, you know, we we haven't had a lot of rain recently, um, but, uh, some parts of Queensland, um, can be subject to drought, uh, and there may be water restrictions in place that a tenant has to comply with. So, if there are water restrictions in place and you know, you're expecting lawns and gardens and those sorts of things to be, you know, upkept, uh the tenant has responsibility to abide by those water restrictions. So, come the end of the tenancy, if uh the property, you know, isn't in the condition that you might have expected it, but that's more due to the water restrictions and the tenant not being able to meet their obligations, then um you know, they're not or may not necessarily be held responsible in those circumstances. So, you need to be aware as a property manager or owner, you know, what's going on. Uh are there water restrictions? You might want to talk to the tenant. What steps can they take? Can they harvest some water from the property or those sorts of things um and and keep that property up, but again, it really is that communication piece in regards to ensuring that everyone's on the same page with that. >> Yes, indeed. >> So, when it comes to some of the internal um property internal things, so we often get asked about who's responsible for air conditioning servicing and and maintenance when we're out and about, uh especially at our community events and our information sessions. Now, the legislation doesn't specifically discuss air conditioners. But in general, the tenant may be responsible for cleaning vents uh and basic filter cleaning and that might, you know, involve them removing those, running them under water, allowing them to dry. Um but then your your deep cleaning and your servicing of the air conditioning unit generally uh falls back on the property manager or owner. So, you know, that might require a specialist technician to complete it. Uh and it could be considered, I guess, part of almost preventative maintenance. If you're doing that on a regular basis and the tenant's meeting their obligations in regards to cleaning the filters and keeping everything, you know, clean and and running that way, then um you know, it it's as I said, preventive maintenance and and it keeps things ticking along. So, um the tenant can't be expected or be responsible for, you know, general maintenance on air conditioners or fans or any of those particular things. So, then one of the benefits of, you know, regular servicing um is it keeps uh the the air conditioning unit free of that, you know, dust, pollen, or mold uh and it helps improve your air quality. So, um sometimes in a, you know, unit or a townhouse or in a body corporate, uh the building managers or committees might get a bulk discount for owners, you know, in their annual air conditioning services and those sorts of things. So, that's something to consider. Uh as a tip here, too, uh we've spoken a little bit about special terms. So, if you are requiring the tenant to be responsible for, you know, that cleaning and uh that sort of thing, make sure it's clear in the special terms what their responsibilities are. And if you've got the opportunity to be able to provide a copy of the air conditioner manual, so that way the tenant has the instructions uh and knows what they're required to do. So, where you can um for really for any of the um inclusions to the property, where you can provide the manual, it's really handy. So, that's pretty much it for me in regards to that, Cass. Anything else you want to add? >> Uh there is. So, uh well, we you know, we know that all not all rental properties have an air conditioner. Um and we sometimes do get asked about from tenants like about how to request the installation of one. So, um the answer is to contact the property manager or owner to ask about having the owner organize and pay for the air conditioner installation, uh which would be like an improvement to their investment property. If there's an agreement made for this to be done, then we always encourage documenting this in writing. In the case of the tenant wanting to arrange the installation of an air conditioner themselves, the request for approval to add fixtures or make structural changes form, uh which is the RTA form 23, should be completed and submitted to the property manager or owner. And the property manager or owner is then required to respond to the request within 28 days. But, as we know, air conditioning is not cheap to install. Um so, another alternative may be to request for ceiling fans uh or portable air cons to be installed instead. Uh however, any requests need to be in writing. Now, we provided information about this process on our last webinar about fixtures and structural changes in a rental property. So, if anybody in our audience is interested, uh the recording is available on the RTA webinars page. Okay, Mark. Now that we've talked about gardens and yards, what's the deal with gutters, drain pipes, and roofs? >> Okay. So, again, not a lot of specific information in the uh act in regards to gutters, drain pipes, and roofs. So, what we then need to look at is where those obligations that you talked about, Cass, right off the top. Um So, at start of the tenancy, property must be clean, fit to live in, and in good repair. And then the lessor has a responsibility ongoing. The tenant needs to keep the premises clean, having regard to its condition. So, the um when it comes to to gutters, uh and we do get a lot of questions about this in our contact center. Um I guess unless the tenant's standing there throwing mud onto the roof or potentially filling the gutter up themselves with uh stuff, uh it might be an expectation or responsibility of the lessor to keep them generally clean. Um Might also depend on the tenancy, uh the property itself. are they easily accessible by the tenant um to be able to to you know do that on a regular basis themselves. So, again, this is where your special terms come in uh and clearly set out your responsibilities. But, if but uh if your gutters, your drain pipes um are damaged as a result of fair wear and tear, so they start to rust or those sorts of things, then the responsibility um is more likely to sit with the property manager or the owner uh to arrange for repairs. But, if the tenant or a guest has caused damage, so again, we go back to their responsibility not to maliciously damage the property. Um you know, and it might be something like a a child that's you know shoved a toy down a drain pipe or something like that, then the expectation there is that um the tenant will probably more likely be uh responsible to to get those things uh fixed up and repaired. So, again, as I said, not overly specific, um but we look back in these circumstances to what the act says about the responsibilities for each party throughout the term of the tenancy. So, just uh before we move uh through, so just in regards to natural disasters, um so, we'll drop some links into the chat uh in regards to um some organizations and some sources of information about preparing for natural dis- uh disasters. Um we know we see that they do occur in Queensland. Uh what we tend to see, uh you know, severe storms, uh floods, and bushfires. So, the Get Ready Queensland website is a great source of both general information about how to prepare for a natural disaster, and also specific information about how to prepare for certain types uh of disasters. So, whether that's a storm, flooding, cyclone, or bushfire, it is important for everyone to be prepared and consider an emergency kit. Uh for property managers, businesses, there may be another level of preparedness uh to consider for your office. So, for detailed information uh about preparing for possible bushfires, you can visit uh the Queensland Fire Department website. And if a disaster does affect a rental property, then the property manager or owner is required to organize repairs, return the property and clean it back to a level of condition for the tenant. However, the tenant is responsible for cleaning and fixing their own possessions. So, depending on the situation, uh an owner may need to make a claim on their property insurance for repairs to be done. And we know from past experiences um experiences that when natural disaster occurs across Queensland, there can be delays with access as well as tradespeople, which can be difficult for everyone. So, there is a section of legislation uh around, you know, ending a tenancy immediately after a natural disaster, but what we tend to find in circumstances if if if a large area is impacted, then, you know, there might not be that ease for a tenant to get out of a property and move into another one. So, a lot of communication uh working together with um your tenant uh or the tenant working with the landlord to see, you know, how these things can um can finish out or or you know, can you make it livable to the extent that the tenancy continue um those sorts of things. So, again, special terms, compensa- conversations, uh and plenty of communication. So. So, I know we've covered a fair bit of information today and and appreciate as Cass said off the top, some of it has been a little bit general. Um we have got a lot of questions uh coming through in the chat and we will get to those in a moment. Um but the other thing uh and just a few other bits and pieces before we finish up. So summer time obviously Queensland hot people like to go swimming to cool down. So if you are a property manager or owner and your property does include a swimming pool. Firstly it must comply with Queensland building and construction commission or the QBCC swimming pool standards and you must have a pool safety certificate issued by the licensed pool safety inspector. So the requirements include specifics around pool fence height and strength gates latches and signage. So if you're a tenant you should note on the entry condition report whether this has been provided to you in addition to making notes about the condition of the pool. So failure to provide a pool safety certificate might be considered a breach of the property owners duty to comply with health and safety laws. So something to be aware of. These pool safety laws have been around for a while and everyone should be aware of that but it is just a timely reminder. So in regards to your day-to-day maintenance tenant can be responsible for everyday upkeep. For example so clearing leaves keeping the pool clean and possibly adding necessary pool chemicals. Though again we continue to harp on this I appreciate but this should be discussed before signing the tenancy agreement and specified in the special terms. So the property owner should ideally provide instructions for pool care to the tenant and they are also responsible for any specialist cleaning or any faults with you know filters or anything like that that might go wrong. Unless of course it is something that the tenant has caused. So mold prevention is Queensland we understand that mold is an issue across or can be an issue across the state. So with our climate and the type of severe weather events mold can become an issue and if appropriate action isn't taken either to help prevent or address it, um then it can cause issues. So, some tips for tenants um can include, you know, regular cleaning, making sure the property's properly ventilated, uh and keeping uh keeping vents clear and clean. Uh if mold does appear, the responsibility for cleaning and repairing and any resultant damage depends on what caused it. So, if it's uh an issue with the property, so leaking roof or um rising damp or, you know, internal pipe, you know, leaking or anything like that, then the likelihood is that it'll be the property manager or owner's responsibility. But, if the mold was a result of the tenant's actions, such as allowing steam to build up in a bathroom or not using exhaust fans or opening windows, then they may be responsible in that circumstance. So, if it's unclear, we'd encourage you to engage a third-party mold expert to inspect for their opinion. Um sometimes mold may just occur because of the environmental conditions, and we're well aware of that. So, in some areas across Queensland, this can be a regular occurrence through the year. Uh and if you are in one of those areas, um this is sort of where people just get in and sort it out. But, again, use special terms, you know, we've seen um special terms around, you know, the tenant regularly um you know, hosing down walls that don't get sun and those sorts of things. So, as long as it's not um ridiculously outside what might be expected, uh anything that you can uh from a landlord-tenant uh sorry, from a property manager-owner perspective, the more information that you can provide to the tenant, if you know that certain things will prevent uh mold or at least prevent, you know, build-up, then we encourage you to put those things in a special terms or talk to your tenants with that. So, then finally on the here, body corporates, um this one uh is if you own, manage, or rent in a unit or townhouse complex. In these circumstances situations, the body corporate is responsible for maintenance and cleaning of common areas, and they will generally be responsible for pool maintenance in common areas and the external components of buildings. So, something to be aware of there. So. So, I guess I'm just um >> It's all good. Just getting to the last couple of slides now, everyone, and we will get to your questions soon. So, if you do have a question, please make sure that you pop it into the chat now. Um currently, uh we just wanted to give you a reminder that there is a lot of information on the RTA website, um and we've posted a lot of links into the chat. Um we also have web pages dedicated to specific topics, uh podcasts, flowcharts, short videos, uh form templates and guides. Um and if you're in attendance today, we will send a link to the webinar recording within 2 weeks, as well. Just so you're aware. Sorry, Mark. Just uh wanted to give you some time. >> No, that's all good. I'm looking at the questions. So, if you want to um finish off there, and I'll start to um have a look at what we've got in here. >> Sure. Uh so, just quickly to contact the RTA in relation to a specific situation, you can call our contact center on weekdays between 8:30 a.m. and 5:00 p.m., or you can submit an inquiry via the RTA website. Uh one of our friendly team members will then assist you with information and options for resolving your questions or issues. And please make sure you follow us on LinkedIn, Instagram, and YouTube, and subscribe to our Talking Tenancies podcast and RTA news. So, that's it for today, everybody. Um thank you for joining us on today's webinar. If you do still have questions or think of anything later, um and I realize there were a few questions we didn't get to, Uh please remember that our friendly contact center team is available to assist you on weekdays. Thank you, Mark, for hosting with me today. >> Uh my pleasure, Cass. Thanks very much for it to everyone for joining us. >> This webinar will now close.