澳洲Australia property Telephone socket in Investment Property.


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Hi,
I have 2 phone sockets in my Investment Property. If one is not working and tenant want it fix. Should the tenant pay for it or the landlord?

Thanks  

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If the tenant has obviously damaged it, they should get it fixed. If the tenant isn't at fault and it was working when the tenant moved in, I believe the landlord should get it fixed. Even if it is the second phone point and they still have a working one.

It basically comes down to what the tenant had when they moved in.  

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If one is working fine I'd leave it up to the tenant to fix it. You only have to provide one.  

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xanh said: ↑
If the tenant has obviously damaged it, they should get it fixed. If the tenant isn't at fault and it was working when the tenant moved in, I believe the landlord should get it fixed. Even if it is the second phone point and they still have a working one.

It basically comes down to what the tenant had when they moved in.Click to expand...
I'm not sure if the 2nd one is broken from day one. They move into the property for 6 mths happy with 1 socket then they installed ADSL and now wanted to use the 2nd socket?

Probably I just buy him a splitter for the one socket. :) lol  

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If it wasn't working from day one or day 180 it is your phone socket to repair unless the tenant has broken it. Just because they haven't used it doesn't mean that you don't need to fix it.  

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DealSeeker said: ↑
I have 2 phone sockets in my Investment Property. If one is not working and tenant want it fix. Should the tenant pay for it or the landlord?Click to expand...
The landlord.
xanh said: ↑
It basically comes down to what the tenant had when they moved in.Click to expand...
Exactly. Even if it wasn't working when they moved in, unless you told the tenant that it wasn't working prior to them signing the lease, and included as a special condition that the second phone socket wasn't working, you're obliged to get it working.
D.T. said: ↑
If one is working fine I'd leave it up to the tenant to fix it. You only have to provide one.Click to expand...
What's the authority for that bold statement, D.T.? :D
DealSeeker said: ↑
I'm not sure if the 2nd one is broken from day one. They move into the property for 6 mths happy with 1 socket then they installed ADSL and now wanted to use the 2nd socket?

Probably I just buy him a splitter for the one socket. :) lolClick to expand...
Your tenant is entitled to compensation if you don't repair it within 14 days.
Scott No Mates said: ↑
If it wasn't working from day one or day 180 it is your phone socket to repair unless the tenant has broken it. Just because they haven't used it doesn't mean that you don't need to fix it.Click to expand...
What SNM said. :)  

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Perp said: ↑
The landlord.

What's the authority for that bold statement, D.T.? :DClick to expand...
Telecommunications Act says that PSTN service will be provided to first point of entry and then beyond that is the resident's problem.  

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D.T. said: ↑
Telecommunications Act says that PSTN service will be provided to first point of entry and then beyond that is the resident's problem.Click to expand...
I'm pretty sure that applies to the division of responsibility between the service provider and the occupant, doesn't it? i.e. Telstra will bring the cable to your point of entry (usually the exterior wall of your house), then the private property owner has to take it from there. I believe that's what it means, and says nothing about responsibility with regards to landlord v tenant.

Landlord-tenant law requires a landlord to maintain everything in a property that was there when the tenant moved in (unless it's exempted by a lease provision). The same applies to any kind of alarm, appliance (dishwasher, insinkerator), etc. - the tenant is entitled for all fixtures to be working unless specifically exempted in the lease.  

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Do you have a phone line that can make / receive phone calls? Yes. The end. Nothing further your honor. I dont care if there's additional sockets or internet or TV or whatever on it. If tenant can make / receive phone calls we're done here. This is definitely in line with Telecommunications Act from back in my Telstra desk jockey days.

NSW Tenancy Act states: (And I assume other states are similar)

Existing phone/TV/internet sockets are facilities provided with the premises for use of the tenant. As such, the landlord is obliged to provide such facilities in reasonable condition and to maintain them ? unless this is specifically excluded in the tenancy agreement.

Reasonable condition to me means can make / receive calls.  

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D.T. said: ↑
Do you have a phone line that can make / receive phone calls? Yes. The end. Nothing further your honor.Click to expand...
Oh man, let me know when you're appearing at Tribunal. I will bring popcorn. :D  

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it took them 6 months to realise it was not working..
did you know it didnt work before letting it to them? or could they of broken it?
you will have to pay unless you can prove they broke it.  

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Thanks All.  

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Ok , Guys just had a technician went out to my IP,
There is no line connecting to any of the sockets in the house except for one that is working.

So its going to cost me $445 to have a line connected to a socket.

So, already wasted $90 on a call out fee and now I won't go ahead.

Anyone know a phone techinician in Victoria that can do it cheaper?

Or should I just fight my case at the tribunal. My Property mgr of course will say I don't stand a chance.  

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DealSeeker said: ↑
Or should I just fight my case at the tribunal. My Property mgr of course will say I don't stand a chance.Click to expand...
So you can lose more money and then have to do it anyway?  

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You asked for advice and if you choose to ignore it then do not complain later. If the socket is present it needs to be working. If your diligence was not done at the beginning it should not be at the tenants problem.  

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You haven't mentioned when you bought the property or if it is a new build.

You could get a second opinion. Maybe this sparky doesn't know what to look for; or

You could start a claim with vcat against the builder for not doing what they should have done; or

Sue your building inspector for not picking it up in the p&b report; or

Suck it up and get it fixed.  

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DealSeeker said: ↑
Or should I just fight my case at the tribunal. My Property mgr of course will say I don't stand a chance.Click to expand...
Then you have a smart property manager. :D  

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Copy and pasted from Tenants Union of Victoria

Tenants are responsible for all charges related to the supply and use of a telephone at the rented premises. This includes all service fees, call charges, equipment rental charges and connection fees. It also includes the cost of the initial connection of a telephone line.
If you are moving into a property that has been newly built, or where there has not been a connection for some time, it may be necessary for the line to be laid or re-installed. This can be extremely expensive and you cannot recover the cost from the landlord.
We advise that you check with the telephone service provider to see if a line will need to
be installed to the property before you sign the lease
 

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D.T. said: ↑
Copy and pasted from Tenants Union of Victoria

Tenants are responsible for all charges related to the supply and use of a telephone at the rented premises. This includes all service fees, call charges, equipment rental charges and connection fees. It also includes the cost of the initial connection of a telephone line.
If you are moving into a property that has been newly built, or where there has not been a connection for some time, it may be necessary for the line to be laid or re-installed. This can be extremely expensive and you cannot recover the cost from the landlord.
We advise that you check with the telephone service provider to see if a line will need to
be installed to the property before you sign the lease
Click to expand...
If there's no socket on the wall, this quote is absolutely applicable.

It's not because landlords generally have to pay for telephone lines that we're saying the landlord has to pay in this instance, but because landlords are required to keep the property with the same level of amenity that it had - or appeared to have - when the tenant agreed to sign a lease.

It's on that basis that the landlord has to pay in this instance, not because it's a more general obligation to pay for telephone lines (which I agree doesn't exist).

Caselaw is full of examples demonstrating that if you show a tenant a property to rent, and there's a phone socket on the wall when they inspect, that unless you exclude that phone socket from the lease, the tenant is entitled to assume that it's working, and upon finding that it's not working, is entitled to have it repaired. The same applies to TV antenna outlets, gas outlets, dishwashers, light sources, air-conditioners, etc. Any amenity is required to be put into working order at landlord's expense unless it was specifically excluded from the lease.  

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Why would there be other sockets if they isn't any cable connected? I would just put a blanking plate over the sockets that aren't working.  

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