Friday, December 6, 2019

Responsibility of Ensuring Residential Property

Question: Discuss about the Responsibility of Ensuring Residential Property. Answer: Introduction: It is important to denote that a landlord has the responsibility of ensuring that the residential property they are leasing is safe and secure for the tenants. This is before and even during the tenancy period of a tenant. This is one of the provisions that are contained in the residential tenancy act of 2010. According to this law, a landlord has an obligation of ensuring that the property, in which his tenants live in, is safe and habitable. This provision is contained in section 70 (1) of the residential tenancy act. Additionally, this law makes it mandatory for the landlord to provide security and safety features in his house, hence, the tenants of Deborah have a right to ask her to repair the roof that had a defect. This is not the responsibility of the tenant, because the tenant had just moved into the house, when he realized that there were defects on the roofing of the house. Additionally, it is important to explain that section 63 (1) of the residential tenancy act obligates a landlord to make repairs to the house that he has rented. This section denotes that a landlord has the responsibility and obligation of providing and maintaining a residential premises within a reasonable state of functionality. This is having regard of the rent that is to be paid, expected life of the property and the age of the property under consideration. Basing on these facts, by sending the son to just paint the roof without making repairs to the roof, so that it would not create a mould, was not a reasonable state of repair; hence, the tenant is justified when he complains against Deborah. Furthermore, section 63(2) of the 2010 residency property act obligates a landlord to ensure that he makes reasonable repair to his premises even if the tenant knew of the state of the disrepair that his building was in. This means that even after the tenant occupying the building, the landlord had an obligation of repairing the roof. Therefore, Sean should make initiatives of repairing the roof to a reasonable status. What to do to ensure that the Situation does not occur again For purposes of ensuring that the situation does not occur again, there is a need of coming up with a property management policy and procedural manual. This manual should identify the types of repairs that the buildings require and industrial benchmarks that are established for carrying out the repairs. The repairs under consideration are reactive, planned, cyclical and major repairs. A reactive repair is a kind of repair that occurs when a landlord or his agent would seek to respond to the day to day damages that occurs in a building. It is important to denote that some of these repairs can also be handled by a tenant, depending on the kind of repair that is to be carried out. A cyclical maintenance is a type of maintenance that is carried out on an annual basis or periodically, while a planned maintenance involves a major repair that may be undertaken in future. A property management policy must highlight these types of repairs and the people who will be responsible for carrying out the maintenance and the repairs. Additionally, identification of the industrial benchmarks will assist in identifying the quality of work and repairs that are to be done. Whether I will accept the Conditions I would accept these conditions because they are the terms of the contract, and the electrician who is working for the landlord is a qualified person, with the necessary experience that is required to handle the electrical work of the building. This type of a person has the knowledge of identifying the industrial benchmarks that must be met for a high quality electrical work to successfully carry out. Furthermore, the electrician has worked with the landlord for a long period of time; hence, he has the knowledge of the house and property, and the electrical problems that normally affect the house under consideration. Basing on these facts, I would accept the conditions that are established by the landlord, that he will complete all his electrical work, through his qualified electrician friend. Qualifications to look for in appointing an Electrician For purposes of choosing the electrician, there is a need of ascertaining whether he holds a license that allows him to operate as an electrician. He must also have considerable experience operating as an electrician, having worked as an apprentice for an experienced and skilled electrician. Another important factor to look at is the quality of references that he has, and whether he has a work permit to work in my given state. Another area to look at is the specialty of the electrician. Most highly skilled electricians normally specialize in a given are, such as commercial buildings or residential buildings. Requirements for Carrying Out Periodic Inspections Need of carrying out inspections after 3 months. Issuing out an entry notice within a minimum of 7 days notice. Respect for people living in the house. Informing the property manager on the maintenance issues as soon as these issues occur. Provision of a routine inspection checklist to people who are living in the house. Emergency Repair and Procedures to Follow The relevant laws to follow in making emergency repairs are section 63 and 70 of the residential tenancy act. The following are the procedure to follow while making emergency repairs, Notification by the tenant to the landlord on the emergency repair. If it is difficult to find the landlord and repairer, the tenant can make an arrangement of a suitable person to carry out the repair. Forwarding of all receipts of work to the property manager within 7 days. The tenant should not use an amount that is more than the rent to be paid for two weeks. If the tenant and the landlord or property manager do not agree on the emergency repair, and he has not reimbursed the used costs, the tenant can apply for a QCAT ruling. Workplace Project There is a need of fixing a poor electrical installation. Hiring a competent and licensed electrician to fix the electrical installation. Demanding their practicing license and permits; and seek references from people whom the practitioners have worked for. Coming up with 3 keys, one for the landlord, one for the tenant and another one for the agent. Hiring a security firm to monitor the security of the property and provide periodic reports. By equating it to the benchmark practice followed within the industry. Notifying the tenant on the kind of repairs to undertake. Taking responsibility for all the major repairs the building needs. Bibliography Residency Tenancy Act (2010). Residential Tenancy Regulations (2010).

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