SA Deceased Estate - Paying for Repairs Before Moving In?

[Nikki216]

Hi,

I have recently purchased a unit. The date that was agreed upon for me to move in is the 26/6/15.
Today I received an email from one of the current owners (it is a deceased estate) stating that the hot water system is broken. The email stated that I am required to pay half of the fee to fix it and included legal information that had been pasted onto the email.

I am unable to find this information by searching for it, but this does not sound correct as I am not yet living in the unit. At the time that the unit was paid for the hot water system was not broken. I expect to receive what I have paid for and did not think I would be paying repairs before I was even living in the unit.

Is anyone able to point me in the direction of a legal act stating that I do or do not have to pay for this? I am unsure of how to find such specific information myself.

Thank you.

 

[Tracy B]

Hi Nikkie216,

1. What does your rental agreement say? Are you required to pay 50% of repairs and utilities?

2. Generally, landlord and tenant share responsibility for repairs. However, if the damaged occurred before you moved in, it may be reasonable for the landlord to bear the cost of repair. Under any residential lease, there is an implied (or express) duty that the landlord maintain property to a reasonable and liveable standard and to organise necessary repairs and maintenance. By not providing a working hot water system, the landlord may be in breach of this duty.

3. If you'd like more information, you can contact:

• SA legal services commission
• SA community legal centre (find your local branch)
• Residential tenancies tribunal

 

[Nikki216]

Hi Nikkie216,

1. What does your rental agreement say? Are you required to pay 50% of repairs and utilities?

2. Generally, landlord and tenant share responsibility for repairs. However, if the damaged occurred before you moved in, it may be reasonable for the landlord to bear the cost of repair. Under any residential lease, there is an implied (or express) duty that the landlord maintain property to a reasonable and liveable standard and to organise necessary repairs and maintenance. By not providing a working hot water system, the landlord may be in breach of this duty.

3. If you'd like more information, you can contact:

• SA legal services commission
• SA community legal centre (find your local branch)
• Residential tenancies tribunal

It is not a rental agreement, I have purchased the property but it is not handed over to me till the 26th

 

[Tracy B]

Apologies for misreading that.

1. First step is to look at your sale purchase agreement. Does it have a limitation clause? Or an "as is" clause? (Such a clause may be valid to cover the hot water system but may also be invalid depending on how it is worded.) You'll need to have a property lawyer take a look at the clause.
2. Did you do a professional building inspection?

According to the SA Attorney General's Office, the position is "the vendor has an obligation to hand over the property in the same condition as when you signed the contract of sale" (page 25). However, best to contact a property lawyer to clarify exactly what this means.