Extreme weather events, like the event Victoria experienced last week, have become a worryingly more common way of life for Australians. From heatwaves in Western Australia to floods, fires and cyclones in Queensland, natural disasters across our beautiful country can cause absolute havoc in so many ways.
In light of recent natural disasters, we must consider what owners and renters are dealing with across thousands of affected investment properties. Renters and rental providers are being forced to consider their own rights and responsibilities when a home is damaged due to elements outside of their control, such as bushfires, storms and floods.
When a home is damaged, renters can have amenities disrupted, items destroyed and have to contend with sometimes unlivable conditions. Owners are beholden to insurance companies, tradespeople and the availability of materials. More often than not, both parties want to resolve issues as quickly as possible, but are nevertheless not in control of their outcome.
Tenancy laws across Australia provide clarity for both parties on what they should expect if worst case scenarios occur. Generally speaking, the Rental Provider is legally responsible for necessary repairs and maintenance to bring the property back to a habitable condition. If renters are able to retain residency, repairs to essential services such as power, gas, water including supply of hot water, and sewage must be arranged immediately. Any other issues that could cause harm to person or property, must also be identified and actioned as an urgent repair.
Most responsible rental providers will act immediately and do whatever they can to create a safe environment for their renters. Renters however can arrange emergency repairs themselves in certain circumstances, if the owner has not been able/willing to do so. They must employ a suitably qualified repairer to fix the issue to the minimum standard. As mentioned though, in cases where large areas have been affected, it can be difficult for renter or owner to get tradespeople to homes when they are inundated with requests for repairs. When services to an entire area have been impaired – such as when power poles are taken out or the water supply is compromised, it can take the authorities some time to resolve the issues.
Impacted owners are being encouraged in this instance to provide generators, bottled water and rent rebates. Management of debris is another issue, relying on emergency service programs (if any), local authorities on what level of cleanup they are providing and hands on effort from both renters and owners where required.
In the unfortunate situation where a house has been destroyed or deemed to be unlivable, notices are being served to terminate the tenancies. Whether notice is served by the renter or owner, the landlord must finalise the tenancy and repay the bond in the normal way, minus any mutually agreed expenses incurred by the landlord. The landlord does not have to provide alternative accommodation.
Contact your property management team at First National Neilson Partners Narre Warren, Berwick or Pakenham for help and advice if your property has been storm, flood or fire affected.
