 Okay, hello and thank you for joining us in our for today's webinar, keeping your cool in summer tenancy disputes. I'm Kimberly and I'm here with Antonella. Hi everyone. Antonella is a dispute resolution specialist with over eight years experience in all things disputes. Now today's topic incorporates your feedback and topical issues around this time of year. My favourite time of year, Ella, summer. Mine too. Now in Queensland, hot summer months, we're all trying to find ways to escape the heat. It can be a frustrating time for renters and property managers or owners alike. If say, for example, the air conditioning breaks or when the pool is suddenly out of action. We also know, Ella, sometimes summer brings financial pressures, stress and we're often so busy pre and post Christmas. Now in today's webinar, what are we going to be looking at? Today we look at the top two summer tenancy issues. We're also going to talk legislative rights and responsibilities. Ella, you're going to talk a lot about the options you have when there is a disagreement and we're going to apply some self resolution strategies to some summer dispute scenarios. Now there will be an opportunity throughout today's webinar to ask questions and we will call for those questions or refer to some of those questions as we go along. Now if your questions aren't answered during the session and you need specific information, please call our contact centre or visit the RTA website. Now before we get into it, just going to launch a poll just Ella, so we can gauge roughly who we've got out there listening today. All right, so bear with me, I'll launch that poll now. So you should see on your screen which group in the rental sector do you belong to. Okay, we've got those answers coming in now. Okay, I might end that there and close that off. Thank you everyone who answered. So I can see the largest majority of our attendees out there are the property managers or agents. We do also of course have some landlord fellow out there to you and some tenants and other community organisations. Now in today's webinar we will talk mostly about tenants and mainly about general tenancies. So generally information covered though today will apply to residents and where we will talk about premises, generally amenities or common areas should be included. Okay, so it is also really important to note just something Ella, before we go into it that the RTA does not provide legal advice. So clients should always get their own professional or legal advice about particular circumstances if necessary. Yeah, that's right. So look, let's talk about summer. Summer can mean low rainfall, extreme heat, storms or high rainfall in different areas and Queensland being so vast we can experience different types at the same time. The majority of tenancies do run smoothly with little or no problems. So when it comes to summer the top two disputes are around maintenance and repairs of pills and air conditioning. So for example, disputes that no action has been taken or the item can't be fixed or the owner just can't afford the repairs even delays outside of either parties control. So air compartments are on back order or there's warranty processing issues or the trades people are in high demand. This is a big one for this time of year isn't it? Trades people massive and the other type of disputes are to do with mother nature adverse weather impacts and sometimes even natural disasters. So in summertime we do see disagreements about breaches more specifically about special terms or obligations. For example, who should pay for watering the garden reaches about obligations such as the grass is overgrown and the grass is dead or the pool is green. So you can see in the diagram your options when it comes to you and your tenant and managing party when they disagree. We always encourage self-resolution and that is the quickest way. So the RTA encourages tenants residents and property managers and owners to try to resolve disagreements by simply talking to each other. Also by understanding the rights and obligations and responsibilities, communicate, negotiate where you can work together to find a solution, compromise and document the outcome and then follow up. More information about self-resolution can be found on our website or you can listen to our previous dispute resolution webinar again on our website. So Ella what if you've been unable to resolve the issues between yourselves? Well the next step is where you put in the RTA's dispute resolution service or the form 16 and dispute resolution is a voluntary and confidential process. It's where a conciliator similar to a mediator is an impartial third party that facilitates a constructive conversation between the two parties through a telephone conference and supports parties to generate options and come to a mutual agreement. The conciliator can also provide legislative information. Now if the dispute is not resolved the matter may need to proceed to the tribunal for an order to be made which is another option available to you and that is where you can get more information at QCAT so jump onto their website which is www.qcat at qld.gov.au. So that one there was www.qcat.qld.gov.au Now QCAT is as Ella mentioned another option available certainly something to consider with matters that are urgent and the legislation does outline urgent matters or urgent applications what constitutes those and remember that some applications for two tribunals say for example bonds do require you to go through the RTA's dispute resolution service before applying for a hearing. Yeah that's right. Okay now so we've broken down here guys out there there's some self-resolution strategies into three key strategies. So the three key self-resolution strategies as you can see is reflection, information, gathering and negotiation. So reflection have a look and see what has happened in the past document the information. Information gathering is where you put down the time frames of what has happened and who was involved and then to negotiate to keep an open mind and come up with some clarifying issues moving forward. Absolutely and the most important thing there is remembering the legislation referring back to that the chain of events and what's whose responsibility is what. Now this will be fleshed out in more detail when we look at those juicy summer scenarios. But most importantly when you are working together to find a solution it is important to be guided by the legislation. Yeah absolutely as we said rights and responsibilities or obligations are outlined in sections 185 and 188 of the legislation. You should really be familiar with these and other relevant processes in the legislation. Now as I mentioned earlier the RTA does not interpret legislation it is important that clients get their own or seek their own professional or legal advice about their particular circumstances when necessary. Yeah and in certain circumstances the act does allow for rent decreases or compensation as outlined on the screen. A lack of communication and planning in the initial stage of repairs and maintenance can lead to disputes about loss or inconvenience. In disputes I find that tenants or managing parties may not be aware of the impact or inconveniences caused due to a delay in repairs. So delay in repairs you mean for example like you mentioned a part on back order for an air industry. Yeah yeah exactly so disputes about rent decreases or compensation can be avoided by working together to plan and minimize disruptions. And often having those difficult conversations up front. Yes okay all right so I thought I might throw it over to our listeners there in terms of anything any questions they've got so far about those self-resolution strategies maybe some questions around some blockers they may be having with relation to attempting to resolve matters themselves outside of tribunal or outside of the RTA's dispute resolution service. So if you have any questions now guys I will encourage you send them through. Okay so we've got some questions coming through here Ella there's one here in terms of you know what if nothing's being done what if they're not returning my phone calls. So try a different approach so if you're only calling the other party why don't you try emailing them and if you're dealing with an office go and visit the office yourself. So always document where what you have done and which ways that you are trying to contact the other party. Absolutely that's a great idea there though it is difficult isn't there where you feel like you know you're not getting anywhere and you're really trying. I guess through something else to consider out there is have you received confirmation that that your matter has been addressed or it has been seen. So Ella in terms of you know a tenant feeling like nothing's being done you know what would you suggest there. So I would then suggest to actually advise the other party of a time frame when you would like to hear from them and in what way and if you are going on holidays or overseas just to let the other parties know and the best way to contact you. Brilliant okay now another question we have here is asking around reasonable time frames for repairs. Now I guess we all know and we all love that term reasonable. I guess at the end of the day it's going to come down to you know the legislation does talk about with relation to remitting breaches etc there are specific time frames but when there are delays outside of our control Ella I'm imagining it's really going to come down to having those conversations. Absolutely because in dispute resolutions we talk about the concept of what is reasonable but we all know that every person has a different definition of what reasonable is but so again open communication explore what is reasonable in your situation. So as I said before consider the what you're dealing with if trade is iron high demand it may not be reasonable to get somebody there the next day. So again bottom line is to communicate openly with each other. Absolutely we've got another question here around you know having to wait where you know say for example an air conditioner and there's a two-week turnaround to getting somebody out what can you do and that question once again as we mentioned what is reasonable. I guess it's about you know considering alternatives if your hands are tied and that timeframe is out of your control working with the tenant is there an interim solution or having those conversations like you mentioned Ella about you know compensation or considerations for these things you know upfront. Exactly and I think we're going to touch on that in the next scenario that we're going to share with you. Absolutely thank you so much for sending your questions in there there are some other questions I can see here that will be covered off in the scenarios and if you feel that they're not and we can also talk about the particular things if time permits at the end. It's great to see everybody interacting out there. Absolutely thanks guys. Okay all right well how about we move on to our first summer scenario. Now let's consider it a new lease has been signed for 12 months back in October last year. In December the tenant suffered heat stress and was hospitalised. The tenant feels the main bedroom is just too hot for her health condition and the owner should install air conditioning into that bedroom. The body corporate recently upgraded the fence from a wooden fence to a colour bond outside that bedroom and the tenant thinks this is making the room hotter also. The unit does have ceiling fans in all bedrooms and air conditioning in the lounge room. Now we know first of all as we've mentioned the key to self-resolution is to know your rights and obligations and that core strategy there that reflecting. So I don't know about you Ella but what about we throw it out to the group. I reckon I will throw it out to the group to see what you think around rights and responsibilities. So everyone out there do you think that it is the lessor in this particular scenario? Is it the lessor's responsibility? Okay we've got some people coming in there. All right I might close off that poll. Thank you to everyone who responded. Now the majority out there say no. 79% of you out there say no. It is not the lessor's responsibility to install air conditioning in that main bedroom. What are your thoughts Ella? Well considering section 185 the answer is no. The lessor's obligations during a tenancy. The tenancy did not start with an air conditioner in the main bedroom so therefore there is no obligation for the owner to install an air conditioner. The tenancy legislation talks about heating but not cooling. So the lessor is not in breach of a law dealing with issues about the health or safety with relation to cooling the home for a tenant. So often people can confuse work health and safety with tenancy or council laws. So imagine if you are the agent. How do you proceed knowing this information? That's the tough part isn't it? Sure you can tell the tenant sorry it's not our problem but what will happen then? The tenant is raising a problem and what if there is no solution discussed? Again the key to self-resolution is stopping and assessing the situation and being open-minded. Ella drawing on your experience in dealing with disputes like these what are some things that the listeners out there could consider? Well in this case have a look at the facts. Everyone agrees that there have been changes to the premises, the fence and the tenant's health. Ask yourself well what are the desired outcomes? What is the tenant trying to achieve and what is the owner prepared to do? Also what am I prepared to compromise in? That's a big one for tenants as well. It is to keep an open mind and the what ifs. In this situation an air conditioner could be installed and rent increased or the tenant could swap bedrooms or a window cover put on the window to block reflection of the fence or even mutual agreement leading to mutual termination agreeing that the tenant can't stay and the owner understands so situation has changed and her life is at risk essentially their work together. And of course remembering back to your options if the attempts have been unsuccessful you can always put in that request for dispute resolution with the RTA. Okay moving on to another scenario now little or no rain. All water restrictions does mean make maintaining yard and grass increasingly harder. I don't know I feel like it's an uphill battle in summertime. Now let's take a look at this particular mother nature related scenario. So prestige properties. So at the beginning of the tenancy the grass was established, the gardens were thriving. The home has a 10,000 litre rainwater tank. It's summer and the grass and gardens are dying. Now the tenant says this is because there's just no rainwater for them to use and it's unreasonable to expect them to pay for water to keep the yards alive. Yeah so generally regular household jobs in the yard such as mowing and weeding the garden are considered part of the tenant's obligation to keep the premises clean and undamaged. Tenants are not required to have any specialized knowledge about gardening. Firstly it is important to look at the agreement. More specific details may actually be outlined in the special terms. Yes the special terms they are negotiable and should be discussed prior to signing a tenancy agreement. Now special terms cannot require a tenant or resident to purchase particular goods or services. Yeah if there are issues about watering gardens refer to your local council water restrictions. The tenant may not be held responsible if laws, trees or other plants die because they comply with local laws. Also too it might be time to look at those special terms and see if they need to be reconsidered. Say for example what happens if there is no rainwater for the yards? Was this outlined in those special terms? Well property managers you can look out for signs early at your next inspections and for tenants to report damage or changes so it stops you from meeting your responsibilities straight away. Really important being proactive is key. So let's think about this. A nice looking yard helps increase the value of the home. There's no disputing that so that's helping the owner and it also improves the aesthetics or the feel of a home for a house proud tenant. Yeah that's right so the tenant might want the yards looking nice just as much as the owner. Turf and plants can be costly we know that for the owner to establish all the tenants to replace. So it's about generating options don't let this turn into a bond dispute and don't wait until the yards are passed the point of no return. So what are some things to consider? Well who's responsible? What about the short-term or long-term issues? No one can tell when the drought may be finished, when the next rainfall will occur. Is this just a summer issue? Exactly and what are some of the practical solutions? Again think outside of the box you can together make up your own rules and it's the time to renegotiate. Possible outcomes could be that the owner sends a landscaper around to look at the ways of preserving the grass and gardens, fertilizing or different plants for drought affected times. The owner could install another tank or see if more water can be captured when it rains again or they both agree that the yards will not be returned the same at the end of the tenancy due to factors outside the tenant's control. Well tenant and lesser of the age can actually negotiate water consumption costs for example the lesser agrees to pay for a certain amount of water if the tenant maintains the gardens to a certain standard. And this is where you could include this type of scenario or agreement in the special terms of the tenancy agreement. Okay now onto a really topical natural disaster related scenario. I know Ellie mentioned earlier drought. Let's talk about drought and water. So in this particular scenario the tenant is responsible for water and that's outlined in the agreement that the house is water efficient etc. There are tanks at the property there's no town water supply. Now the tenant uses water wisely there's no disputing that and the tenant has been paying for water to be tagged in four months. The tenant has contacted the owner or the managing party to say they've lost their job and they cannot afford to pay for any more water next time it runs out. Terrible. All right so let's have a look. And what does the legislation say? We know the weather is ultimately outside of either parties control so areas of the legislation to consider if the agreement states that the tenant must pay for water and the premises is water efficient the lesser agent can pass full consumption costs to the tenant. So this is the case in this scenario. Yeah so if the lesser provider tenant or resident believes they would suffer excessive hardship if the agreement was not terminated they may make an urgent application to the tribunal to end the tenancy. Well less as agents are responsible for ensuring the premises are to fit to live in. What a dilemma Ella. I mean the tenant they're sticking their hand up they're saying I cannot afford to buy any more water. You know a big question is does this make this property unlivable if there's no water and the tenant stays on. Is the tenant going to be suffering excessive hardship but they currently you know in excessive hardship. Well potentially but again the RTA cannot determine this. In this situation I would encourage people to consider the what ifs again think outside of the box. What are the desired outcomes. Does the tenant want to end the tenancy. Is ending the tenancy an option as a tenancy runs smoothly up until now. Is the owner happy with the tenant. What about the short term or long term considerations. The drought may be long term but the loss of income may may not be. Is there an interim solution. It's possible outcomes. So now the owner now pays for the water or the rent increases to include water consumption in smaller more manageable payments. What about mutual termination or property managers. You could suggest that the tenant contact assistive services for water or financial assistance. Common disagreements seen after natural disasters events include disputes about non-livability of the premises or how or if the tenancy ended. So often a big one isn't it. Huge again. These lead to bond disputes about rent payments and etc. Now when an entire community is affected or homes lost offices lost and motions are there they're at their highest don't they. Of course it's completely natural. Often tenants may have nowhere to go jobs are lost and there is a huge demand for trades people and disaster recovery. Self resolution is crucial when natural disasters are concerned. Often the decisions need to be made quickly about safety and everyone should act in good faith. The access notice for non-livability must be given. The managing party is responsible for repairs to bring the property back to a livable condition. The tenant is responsible for removing or cleaning their own possessions and if the tenant doesn't leave an application can be made to tribunal for termination. So when there are negotiations about entry or determining an agreement and date in major events such as natural disasters, empathy, communication and patience are critical. Absolutely and that's where you mentioned earlier that the disputes arise. It's those negotiations about entering repair people or determining when the event or what the event was caused the property to be unlivable or what exactly is unlivable all these things. Yeah exactly. So again the property manager and the owner and the tenant should talk to each other as soon as possible to discuss the state of the property and work out what action needs to be taken. So Ella in this instance let's imagine there's been a cyclone. What things should be considered? First of all is it safe? You don't want to put anyone's lives in jeopardy. The other thing is can it be repaired? What are the costs and what are the time frames? And again the desired outcomes. Mutual termination. Do you stay for now with the intention of the tenancy ending for major repairs to be made and then move back in? Stay for good. Take into consideration what the insurance provider is required of you to do as well. Okay now we've all seen the effects of the recent bushfires. You know it is really important we have talked about being proactive. So with relation to bushfires or any natural type disaster you know if you haven't already in the lead-up to summer it's not too late to do health checks. Check out the guttering. Look for overgrowth. Are there fallen branches? Working hoses. Are hoses working? That's a good one you know big one for tenants. Outdoor taps. Is the property fitted with outdoor taps? Are they working? Big one too. Exchanging details. So do you have everybody's emergency contact details up to date? Have you shared them? Is everybody insured correctly? What are those insured details? Certainly in times of natural disaster where insurance companies are coming out it might be important for tenants to be aware of the owner's you know insurance company and what have your their details. Also another one too is thinking about moving towards you know electronic records. You know getting things in writing in terms of maybe perhaps you know via on email so you can pull those tenants having a copy of your lease agreement electronically so you can check what your agreement states. Now the RTA has created a comprehensive fact sheet on natural disasters which is available on our website. It covers all the essentials including what to do if a rental property is damaged or becomes unlivable after a natural disaster ending a tenancy rent reductions repairs and refunds. For customers who require tailored information and especially where our customers have lost internet access during or in the aftermath of a natural disaster our contact center is open Monday to Friday during business hours to provide that tailored support. As part of the RTA's response to natural disasters the RTA can wear appropriate support our customers through tailored actions so this could mean prioritizing phone calls and dispute resolution requests for disaster affected areas pausing boundary fund notices to parties in disaster affected areas where the postal service may be impacted providing information or updating our website providing on the ground support which for example through the rental recovery hub in Townsville the RTA was involved with that one after the 2019 Queensland flood disaster. Now I did want to throw to some questions before we go we are running close to that 30 minute mark I am you know aware that everybody may have other places to be so if you can stay on the line that'd be great we will answer some more questions but before we conclude our webinar don't forget the options available to you so self-resolution we know that's the fastest and you can have control of the outcome it is important to also remember your rights and responsibilities and if you need more information access the RTA's website or call the contact center on 1300 3663 11 but if you are unable to resolve a summer dispute or any dispute you can download a dispute resolution request form from the RTA's website or contact the RTA to have a copy mailed to you now communication if we know that's key and it can be in many forms so make sure you're having those conversations to determine what is the best method for you and the other person don't forget to be clear and communicate your desired outcomes or expectations self-resolution does require compromise and I know Ella you mentioned it before an open mind definitely if you practice these strategies hopefully everyone can get back into enjoying summertime nice all right okay just a few questions now having a look here guys thank you for staying with us if you're still there out there um okay so we've got questions around air conditioning I did see a question to um around um yeah and some managing parties out there um receiving letters from the council um in terms of grass cutting I guess it's going to come back to you know having consideration often Ella we do see people um you know jumping straight into breaches and then those breaches um you know being disputed and what have you coming through to dispute resolution and in summertime often the grass is growing you know if it's raining and and the conditions are wet we know the grass is often very hard to stay on top of so obviously having those conversations with the tenants um people may be away so being aware to that you know um people may be going away on holidays or what have you but of course tenants on the flip side if you are going away and and and it's about being proactive preempting what to do if you are away for a longer amount of time and especially if the grass is growing you know sort of um you know overnight so to speak so being conscious of um it really comes back down to that the self resolution what is is um occurring for the tenant maybe to not be um you know attending to that grass in a timely manner now um in terms of air conditioning and who's responsible for cleaning and servicing um I guess in terms of um you know going back to the tenants obligation so not being required to be a specialist in a field we mentioned that in terms of gardening um and with air conditioning it would be keeping making sure that the air conditioner is not being damaged um and keeping it um you know making sure it's running properly and reporting any um issues you may have there also a good idea to have those conversations if you don't um you know agree to um something that is requested of you is having those conversations um referring to the legislation and the lease agreement what's listed um in your the special terms of the property and also contacting the rta um let's have a look here big questions around rent decreases um what is reasonable uh obviously the rta um you know cannot determine what is a reasonable amount um you know I guess the first step is um everybody coming to the party and recognizing that maybe there is a need for a rent decrease certainly that's a that you know it's great that everybody has got to that point um once again Ella what are you thinking in terms of it's going to come down to negotiation but also doing your research so where could they look um rta I suppose I could look at um comparing other properties yeah other properties on the rental market like for like absolutely and it always boils down to having an open communication and we don't know what the tenant's financial situation is so it's sometimes just putting everything out on the table um and communicating expectations so again the rta can't say what uh specific amount people should increase or decrease but by just coming to an agreement that both parties can agree with and can live with we always say that it may not be a decision that everyone's happy about but it's something that everyone can live with so again boils down to just communicating really with each other each other's perspectives yeah certainly um you know determining those compensation amounts and those um you know rent decreases or rent increase amounts too if if this um you know air condition is added to a property for example um determining those amounts is something that really is going to come down to um negotiation um and and research absolutely okay so that um we're going to have to wrap it up there now I do ask um we will end the webinar shortly please stay on the line I'll end the webinar at my end but once I do that if you could stay on there will be a short survey um the rta really values your feedback and we do review all of your questions and feedback received during the webinars to help inform the content of following um future webinars and um our messaging on our website um now as I said a short post survey will pop up on your screen once I close the webinar um but firstly I don't know about you Ella I've I love this I love discussing this type of stuff um and I've enjoyed fleshing out these scenarios today me too can we thanks for having me on yeah thank you for coming guys um thank you um I hope you have found this today's webinar to be useful um as I said don't forget to visit the website or call the rta the details are on the screen now um I will end the webinar