Can a landlord charge me for replacing blinds?
The only thing that may be done with the renter’s security deposit is to rectify and repair any damage that the tenant caused. For example: Blinds, windows, carpets, floors, bathroom, living room, etc. The owner is not permitted to make a claim for damage caused by normal use and wear. So, what exactly is meant by the term
“Normal Wear and Tear”?
We decided to define “Normal Wear and Tear” as the natural degradation or wear that occurs as a result of usage without taking into account any neglect, abuse, or carelessness on the part of the tenant or any of their visitors while the tenant is in possession of the property.
The renter or their visitors are responsible for any damage that occurs as a result of their negligence, abuse, or carelessness, whether it was done accidentally or on purpose. This might be anything as simple as using the incorrect colour while making a touch-up or leaving patch projects undone.
Keep in mind that some things, such as replacing light bulbs or AC filters, may cost the renter very little to fix while they are there, but will cost them significantly more if a vendor needs to come out and make a service call to do so.
And in certain cases, such as mismatched paint or a small hole in the carpet, it may be expensive to mend owing to the degree of the work that has to be done in order to get it back to its original form. This is because the repair must be done in order to bring vertical blinds back to their original condition.
Do tenants have the right to demand that landlords assure the safety of internal window coverings?
Yes. According to the Residential Tenancies Act 1987, section 42(2)(c), the landlord or lessor is responsible for ensuring that all components of the premises conform to regulations relating to health and safety as well as legislation pertaining to structures.
Since the 23rd of January, 2004, product safety laws for internal window coverings have been in effect in Western Australia. As a result, landlords are responsible for ensuring that any blinds or curtain cords and chains supplied after this date meet the requirements of the national product safety standards.
It is highly suggested that landlords check the blinds and curtains on their rental properties to verify that any cords or chains are secure and out of reach of youngsters if the blinds or curtains were purchased before to January 2004.
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According to common law, a landlord has a duty of care to tenants as well as anybody else that the renter brings into the property, and the landlord is required to make sure that the premises are safe for people to live in.
If a child is killed or wounded on the rental property as a consequence of an injury caused by a blind, curtain cord, or chain, the landlord may be held legally responsible for the incident and sued for carelessness.
Even though the renters do not have any children of their own, a court may find that it was reasonable to anticipate the possibility that the tenants’ friends or relatives may bring their children to the property on occasion.
Will I need to replace all of my window treatments, including the blinds and curtains?
No. In order to comply with product safety requirements, curtain and blind providers and stores are obliged to equip window coverings with all of the appropriate safety devices, such as those used to tie loose cords or chains, installation instructions, and a warning label and tag.
The product safety and installation criteria should be met by your blinds and curtains if they were purchased after January 2004, when the standards were first implemented. However, if any blinds or curtains purchased after January 2004 are dangerous, you should notify your renters.
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You should also urge them to quickly tie the cords or chains out of reach and remove any furniture that children may climb on to access the cables or chains. As soon as it is humanly possible, get in touch with the supplier, as well as Consumer Protection, to talk about it.
According to the Australian Consumer Law, if the product safety criteria are not satisfied, the providers are expected to make the necessary corrections at no cost to the consumer (ACL).
What are the responsibilities that come with managing my property?
When conducting inspections of rental homes, property managers are urged to verify that all of the internal window coverings in the property are as child-proof as is reasonably practical. This is a matter of best practice for the industry.
When there is a potential risk, the owner of the property should be informed that a more long-term solution is required to ensure that the building complies with the mandatory standards. Tenants should also be instructed to tie down any dangling cords or chains so that they are out of the reach of children.
What should I do if my renter requests permission to hang curtains or shades in the rental property?
A tenant may approach you with the request to install drapes or blinds in your rental property in the event that certain conditions are met. It is recommended that you tell the renter in writing to instal blinds or curtains as needed by the national statutory product safety regulations found at www.productsafety.gov.au.
If you choose to provide permission, it is best to do so in writing. Alternately, you could want to indicate that the installation should only involve blinds and drapes that do not have any cables or chains.
