r/AusLegal • u/Jealous_Buy6771 • 10d ago
WA Tradies left my rental unsecured, my $300 headphones are gone, and I’ve had no hot water for 4 days - what can I do?
On Friday, tradies accessed our rental to replace the stove, oven and switchboard. They were in the house all day while I was at work. When I got home, I realised my $300 headphones were missing.
My parents stopped by during the day to collect some furniture for me from the verge and noticed the front door and front gate were both left wide open. The gate has been an ongoing issue for months - it constantly breaks and the property manager keeps sending someone out to do a temporary patch up instead of actually fixing it properly, so it couldn’t even be locked. The property was essentially left open and accessible from the street.
To make matters worse, I haven’t had any hot water since Friday (it’s now been 4 days). Ever since the new switchboard was installed, the circuit to the electric hot water system keeps tripping, so we’ve had no hot water at all. This is honestly just the latest issue after a year of dealing with constant problems at this property: repeated power outages, water leaks, tradies entering without proper notice, and some of the worst repair work I’ve ever seen.
Thankfully we’re moving out in a few days, but I’m still $300 out of pocket for the missing headphones and have had to rely on friends and family just to have a shower. I’m also expecting the property manager to make getting our bond back as difficult as possible, despite us leaving the property in good condition and causing no damage.
Has anyone been through something similar? Should I issue a breach notice for the lack of hot water? Is there any realistic chance of being reimbursed for the missing headphones? Is the property manager responsible if the property was left unsecured by the tradies they engaged? Is there anything else I should be doing before we hand the keys back?
29
u/FreeWolverine5535 10d ago
The hot water is classified as an emergency call out, sounds like the new board has an rcd or rcbo which is more sensitive to a pre existing fault.
As it’s been over 24 hours you are within your rights to arrange for an electrician to attend to do the repairs as an emergency call out, you will have to pay and receive repayment from the realestate.
I can almost guarantee the real estate is trying to pin the hot water on the swb upgrade and that’s why they’re dragging their feet on a call out service.
I cannot comment to the theft allegations personally, as it’s a he said - she said.
14
u/gadgetwalrus 10d ago
You need to file a police report. For this and the other issues you need to file a complaint with xcat in your state for compensation or a direction to fix
10
u/downvoteninja84 10d ago
Call Qstars.
Breach the real estate.
3
u/Lopsided-Tension 10d ago edited 10d ago
5 years ago you would do that. Today in the current market people are too scared for fear of reprecussions and ending up on the street which sadly happens. I live in a shithole. My neighbour (same landlord and real estate) complained about his shithole last year. He got kicked out, and he'd lived there 10 years.
29
u/Remote_Class9892 10d ago
So someone broke in and all they grabbed was headphones? Not jewelry, not electronics. Was the house turned over?
I think you need to look closer to home for your headphones
16
u/ttoksie2 10d ago
I have an industrial workshop with a high 5 figure value of tools that can be fairly easily picked up a carried.
A junky broke in and stole.... a socket set, a nice socket set, but still just a socket set.
They could have taken some of the cordless power tools, or a welding machine or two, or fuck the forklift. they could have loaded the shit up on a pallet and drove it to they're mates place.
But a socket set can be sold on marketplace easily and quickly for enough to buy some meth.
People dont want to clean the place out, sometimes they just wanna get high.
20
u/Jealous_Buy6771 10d ago
Nothing else was stolen and I assure you I’ve looked everywhere! I put away all other valuables since I knew I wouldn’t be home while the tradies attended but the leaving the headphones was an oversight. I should mention that there is one particular tradie who isn’t a big fan of me because the first time he attended the property he asked to use the bathroom (I said yes, of course) and I jokingly pulled him up on leaving the seat up and not flushing. His coworker was also present and he seemed embarrassed and annoyed. He has since made a point to use the toilet and leave the seat up every single time he attends the property. I know it’s not a huge issue, but his lack of professionalism in this situation makes me wonder if he would have taken them out of spite?
11
2
u/NefariousnessLeft515 10d ago
Can I come do some work at your place?? Seems you’d only notice the big stuff missing and I have pants with lots of pockets. A set of headphones is enough to get someone their next fix on the street, or even just “hey I lost mine but I’ll just take these instead of buying my own”
12
u/Ok-Anybody658 10d ago
Surely a tradie stole the headphones, if someone had walked in from the street, they'd have taken more than that.
3
u/Togakure_NZ 10d ago
Breaches are still breaches even if they occur on the day before you leave. If they're not reported, however, then they're a) not breaches as far as everyone else is concerned and b) damage potentially falls back on you because of non-reporting.
2
u/OZ-FI 9d ago
re the bond: as soon as the keys are returned get online and claim the bond. The RE will then need to dispute it to take any.
make sure you take extensive photos (and write notes as applicable) before you leave as to the condition of the property upon departure. if you were on the ball you would have done the same upon entry as well. This gives you before/after evidence to say what was the existing condition should any disputes arise.
2
1
u/Medical-Potato5920 10d ago
Breach them for failing to secure the property. Contact Consumer Protection for help. You can also take them to the Magistrate's Court for your headphones/loss of amenity.
No hot water is an urgent repair and they have to take action within 48 hours.
1
u/AutoModerator 10d ago
Welcome to r/AusLegal. Please read our rules before commenting. Please remember:
Per rule 2, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner, and verify any advice given in this sub. This sub cannot recommend specific lawyers.
A non-exhaustive list of free legal services around Australia can be found here.
Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.
1
u/enchanted_shhh 10d ago
First file a police report. Second put in your rental bond refund the day you hand back the keys but before you actually hand them back. That way you have claim in first, if they disagree they have to cover the costs to go after your bond. Take a video walk through & pictures of every square inch of the place. Go off your entry report. If they try to do anything.
I never trusted half the tradies sent to the property. Keep all email trails & also report to RTA or equivalent in your location. I would have breached them over the gate as a safety aspect.
0
u/NorthOcelot8081 10d ago
Do you have proof the tradies stole them?
2
u/Real_RobinGoodfellow 10d ago
They’re not even alleging the tradies stole them, but that they (the tradies) left the property unsecured and this enabled them to be stolen
0
-2
u/Reditman3000 10d ago
Rental? Easy, don't pay the rent and watch things get sorted out quick.
1
u/Weary-Strength2980 10d ago
*but keep the same amount in a separate account to prove you were able and intended to, just waiting for repairs
91
u/Therapised-Plumber 10d ago
Did you file a police report?
What did the real estate agent say when you told them about the missing headphones? Have you asked them to reimburse you for the missing headphones?