Safety alert - gas water heaters

Gas water heaters that have not been properly maintained have been responsible for deaths and serious injuries. If you have a gas heater or flued instantaneous water heater in your bathroom or a flueless water heater in your kitchen it could be a source of danger.

The Australian Gas Association and the Office of Fair Trading recommend that all gas water heaters are serviced regularly by approved service agents and when replaced are installed externally to reduce the risk of an accident.

Landlords are obliged to ensure that fixed appliances are safe.

Important tips - always ensure:

• An authorised gas service agent regularly services your water heater.
• Your bathroom and kitchen heaters have unobstructed ventilation.
• Heater flue pipes are free from all restrictions and holes.
• There is no evidence of the heater burner creating soot deposits.
• Look for signs of discolouration on or around the heater and flue.
• All new and replacement gas water heaters are installed externally to the building.

For further information please contact you gas retailer, or the Master Plumbers Association on toll free 1800 424 181.

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Landlord's general responsibility

The landlord must make sure that premises are reasonably clean, and fit to live in at the start of the tenancy. The landlord must then maintain the premises in a reasonable state of repair considering:

• the age of the premises,
• the amount of rent the tenant is paying, and
• the prospective life of the premises.

This does not mean that the premises must be let in perfect condition, or that the landlord must immediately attend to every small matter during the tenancy. The state of the property and level of repair expected should be in proportion to the premises' age and the amount of rent.

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Urgent repairs

Residential premises must always be 'fit to live in'. Landlords are obliged to organise any urgent repair, as soon as reasonably possible, after having been notified by the tenant of the fault or damage.

An urgent repair is any work needed to fix:

• a burst water service
• a blocked or broken lavatory system
• a serious roof leak
• a gas leak
• a dangerous electrical fault
• flooding or serious flood damage
• serious storm or fire damage 
• a failure or breakdown of the gas, electricity or water supply to the premises
• a failure or breakdown of any essential service on the premises for hot water, cooking, heating or laundering
• any fault or damage that causes the premises to be unsafe or not secure.

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How to get urgent repairs carried out

Tenants can spend up to $500 on urgent repairs and be reimbursed within 14 days by the landlord. The landlord or agent must first be given a reasonable opportunity to arrange the work, or if they cannot be reached, any properly qualified tradesperson nominated in the agreement should be contacted. Refer to your tenancy agreement for more information.

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Responsibilities of tenants

Under the law the tenant must keep the premises in a reasonable state of cleanliness, having regard to the condition of the premises at the start of the tenancy. If the premises includes a yard, the lawns and gardens must also be kept neat and tidy by the tenant.

Tenants must notify the landlord or agent of any damage to the premises as soon as practicable, regardless of who or what caused the damage. It is recommended that this notice be put in writing.

The tenant must not intentionally or negligently cause or permit damage to the premises. Negligence means forgetting to do something which a reasonable person would usually do in the circumstances, or doing something which a reasonable person would not do. In simple terms it is a lack of care or attention.

A tenant is also responsible for damage caused by other occupants of the premises or any person the tenant allows on the premises.

A tenant cannot, except with the landlord's written permission attach any fixture or make any renovation, alteration or addition to the premises. This ranges from small items such as putting picture hooks into the wall, adding locks or having a telephone installed, to larger matters like painting the whole premises.

Because a landlord has the right to refuse any requests by a tenant to add fixtures or otherwise change the look of the premises, tenants should discuss any proposals prior to moving in. Any consent by the landlord should be put in writing, preferably as an additional term of the agreement.

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Removing fixtures

Fixtures added by tenants cannot be removed without the landlord's permission. If removing a fixture causes damage, the tenant is responsible for repairing the damage or compensating the landlord. If the landlord refuses to allow the fixture to be removed, the tenant must be compensated for the value of the fixture.

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How to get repairs carried out

The following steps are recommended when you want to have repairs or other work carried out:

• Phone or speak to the landlord or agent in person, and explain what you think the problem is or what you would like done to the premises. Write down somewhere the date of all conversations and what was said. This will be important if the problem is not easily resolved.
• If the response is favourable write a letter to the landlord or agent confirming your view of what was agreed to in the conversation.
• If the response is negative, consider carefully if the problem is important enough to pursue the matter. If you believe it is, write a letter to the landlord or agent outlining what you want done. Give a reasonable time limit in which you expect the work to be carried out.
• If the work has not been done within a reasonable time write a final letter to the landlord or the agent explaining that you intend to apply to the Consumer, Trader & Tenancy Tribunal or seek the help of an advisory service.
• If all else fails you can apply to the Tribunal for an order that the landlord carry out work to maintain the premises in reasonable repair. The Tribunal can also grant compensation, or allow the rent to be paid to the Tribunal until the work has been completed.

Under no circumstances should you stop paying the rent.

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