如果你的合同是service tasmania的合同
如果没有记录的话比较难了，如果在28天以内没有修的话可以自己联系修，然后让owner把cost给回来，如果没有应该算owner违约，他应该在14天之内赔偿你。
你就看看有什么可以修的就让他修，不能工作的情况修下，也可以让他给你洗衣机的钱，因为那都算是Essential services。
最好留个email或者短信记录，如果没有按时的话，owner很容易算是违约。
Notice to terminate (for use by tenants)
If the tenant wants to leave early because the owner hasn’t complied with the agreement – for example,
if the property is not maintained properly – they must give the owner a notice to terminate the agreement .
A notice to terminate must contain the following information:
• the date of serving the notice
• the name of the tenant
• the name of the owner
• the premises for which notice is being given
• details of the grounds or reasons for the notice
• the date on which the notice takes effect .
If the owner complies with the agreement within 14 days the notice has no effect and the agreement continues .
However if the notice is given for failure to carry out repairs, the notice still ends the agreement even if the repairs are carried out within 14 days . The tenant can leave on the last day
of the notice . If a tenant leaves without giving notice they may be liable for further rent or other costs including re-letting costs after they have moved out . See the section If the tenant wishes to leave early on page 7
Problems
and disputes
If you have a dispute or a problem, you should first discuss it with the other party . If you cannot solve the problem or you need further information or advice, contact Consumer Affairs
and Fair Trading or the Legal Aid Commission . If you are a tenant you can also seek advice and assistance from the Tenants Union of Tasmania or PRTSS . Their contact details are given on the back of this booklet .
更多可以看看
http://www.consumer.tas.gov.au/_ ... ntal_guide_2011.pdf
Maintenance and repairs
Owner’s obligation to maintain the premises
The owner must maintain the premises in as near as possible to the same condition (apart from reasonable
wear and tear) which existed when
the tenancy started . If maintenance or repairs are needed, and the tenant is not at fault, the owner must make the repairs at his/her own cost .
If the repairs are general in nature the owner has 28 days from when the tenant notified them in which to make the repairs . If the repairs are urgent they must be made as soon as possible . See the section Urgent or emergency repairs on this page .
Tenant’s obligations
The tenant is responsible for
keeping and leaving the premises
in a reasonable state of cleanliness, ensuring that the premises are in a similar condition to that which existed when the tenancy started (apart from fair wear and tear) . If the tenant caused the need for repair they must pay any costs involved .
If repairs are needed, the tenant should notify the owner within 7 days . The Act doesn’t require the tenant
to make this notification in writing; however, we recommend the notification is made in writing and that the tenant keeps a copy .
General repairs
If the repairs are general in nature,
the owner has 28 days from when the tenant notified them in which to make the repairs . If the repairs are urgent they must be made as soon as possible .
Urgent or emergency repairs
Urgent repairs are usually required when damage occurs – a broken window from a storm, for example – or when an essential service has stopped working . If this happens:
• the tenant must notify the owner of the need for urgent repair as soon as they are aware of the problem
• the owner has an obligation to carry out the repair or restore the service as soon as possible .
Essential services include:
• water
• sewerage
• removal of waste water from kitchens, bathrooms and laundries
• electricity
• heating
• cooking stove
• hot water service.
Example: If one hotplate ceased to work, a stove would continue to function . This would be a general repair, not an urgent repair . However, if a number of plates weren’t working or the stove did not work at all, this would be an urgent repair .
If the owner cannot be contacted
If an owner expects to be away or not able to be contacted, he or she should give the tenant the name of a person to contact if an urgent repair is needed .
This person is called a ‘nominated repairer’ under the Act and will undertake repairs to essential services on the owner’s behalf . Many owners include the name of a nominated repairer in the tenancy agreement .
If the owner cannot be contacted, or fails to carry out the repair, the tenant may make arrangements for the nominated repairer to carry out the repairs necessary to make the essential service function . The nominated repairer will charge the owner for their services .
If there is no nominated repairer or
the nominated repairer cannot be contacted, the tenant may arrange for a suitable person to carry out the repairs . The costs are paid by the tenant, and then recovered from the owner .
The Act makes provisions for the owner to repay any costs to the tenant within 14 days but the owner may dispute these costs and apply to the Magistrates Court for a decision to
be made .
Disputes about repairs
The owner must complete repairs within the required time otherwise he or she is in breach of the tenancy agreement .
Where the owner fails to carry out repairs, or there is a dispute about whether repairs should be carried out, the tenant should contact Consumer Affairs and Fair Trading, the Tenants Union of Tasmania, PRTSS or any of the services listed under Problems and legal disputes on the back of this booklet for information about his or her rights .
A tenant may apply to a magistrate for an order requiring the owner to carry out repairs . If the tenant has a fixed term agreement they may choose to leave the tenancy by giving notice to terminate the agreement for failure
to carry out repair .
Notices to vacate/terminate a tenancy agreement on page 14 . |
微信扫一扫
