Dean Sawdy (re 235 Illawara Rd) 21 July 2010

Montano Realty
462 Parramatta Road
Petersham NSW 2049

Dear Dean,

235 Illawara Rd

I set out below a couple of issues that have arisen in relation to the tenancy at 235
Illawara Road. In addition to myself, I write on behalf of Jarrod Rust, Natalie Haydon and
Joe Loh.
Rental bond
We called the Department of Fair Trading yesterday, and they do not have a record of a
bond being lodged for the property. Has the bond being lodged? Or is there just some
mix-up with the records? Please let us know.
If the bond has not being lodged yet, it should be done immediately.
Signing the lease
Jarrod Rust and Natalie Haydon have signed the lease, but Joe Loh and I have not. I
called your office last Saturday, and was told by Dominica that you were not in, and that
they do not know where the lease is.
Joe and I work full time, so are not able to come in on a weekday. I can come in on the
weekend, but Joe will be away for the next two weekends. We would like it if Jarrod could
come in and pick up the lease this week, Joe and I could sign in the evening, and then
the lease could be returned the next day.
We would also like an original copy of the lease signed by the Landlord (this should have
been provided to Jarrod and Natalie when they signed the lease (s17 of the Residential
Tenancies Act 1987 (the Act)).
Condition report
Jarrod and Natalie dropped off the condition report (including annexure) on Wednesday,
14 July 2010. Natalie Haydon sent a copy of the photos referred to in the condition report
to you last Friday (in two emails). Please let us know if you have not received the photos
or if they did not open.
A number of things that were not included in the report, are set out at the bottom of this
letter.
We still need a copy of our condition report to be signed by you. We would like this to be
finalised by the end of the week.
We understand that you may want to come around and inspect the premises beforehand.
Jarrod and Natalie are generally available in the mornings of the weekdays. Please give
Jarrod a call the day before you propose to come around, and an exact time can be
agreed. Jarrod's mobile phone number is 0404-038-224.
Telephone number for the premises
Natalie called you on Monday to inquire about the telephone number of the house. We
need this to organise an Internet service to the house. We would appreciate it if you could
give us the number as soon as possible.

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Required repairs
We request the Landlord make the following repairs to the premises:
No Item Comments
.
Smoke alarms There were 2 unattached smoke alarms left in the premises, but
neither were installed.
It is a requirement under 29A that smoke alarms be installed in the
premises, and fresh batteries installed at the commencement of
the lease.
Window lock in third The window lock in the third bedroom is broken.
bedroom
This is a breach of the Landlord’s obligation under s29 to “provide
and maintain such locks or other security devices as are necessary
to ensure that the residential premises are reasonably secure”.
It is not sufficient to just nail up the window. Providing a bedroom
with a window that cannot be opened would be a breach of s25
(requirement to leave the premises in a ‘reasonable state of repair’
and ‘fit for habitation’).
We would like a bolt lock installed.
Window locks in all All the other window locks are working, but are not of a type that
other rooms we believe ensure that the premises are ‘reasonably secure’. The
lock could be quickly and easily forced with a crowbar.
We note the decision of Jarvic v Arkbay Investments [2005]
NSWCTT 383 where it was held that ‘few premises are found to be
reasonable secure if they are not fitted with dead locks on the
doors and windows’. The member noted that in each case it would
be an objective determination of what was ‘reasonable security’.
This is a house in Marrickville, an area with higher than average
break-in levels. The house is close to the main street. There is side
access to the windows, which are at ground level. The side gate
hides any burglar from view. We believe ‘reasonable security’ in
this case requires standard bolt locks.
If the premises are burgled, and it is found that the burglary
occurred because of a failure of the Landlord to provide
‘reasonable security’, the Landlord will be responsible for the loss
of property (Tavener v Ibrahim [2002] NSWCTTT 372).
An indicative quote we received for replacing all the locks
(including in the third bedroom) was $500.
Front door lock In accordance with the above, we believe a deadlock is required.
An indicative quote we received was $230 (if done on the same
call out when the window locks were changed).
Outdoor bathroom The outdoor bathroom is not functioning.
Despite its dirtiness, it is a newish looking lavatory, and there is
nothing in the condition report that states the lavatory was not
working. When Paul Young asked you if it was working during the
inspection, you stated that you were not sure, but did not provide
further information.
In these circumstances we believe the fact that the lavatory is not
working is a breach of s25.
TV aerial The reception for our TV is not working.
We note that there are the holes for an aerial cable, but no wire.
We do not know if there is an aerial on the roof.
The condition report provided to Jarrod Rust had the ‘working’ box
ticked next to TV points.

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 No Item Comments
.
We believe that failing to have working TV reception is a breach of
s25 (requirement to leave the premises in a reasonable state of
repair).
An indicative quote we received from Mr. Antenna for installing a
new antenna was $200.
Latch on main The latch on the main bathroom door is broken.
bathroom door
We are happy to replace the latch and have the Landlord
reimburse us the cost. If you consent, we will only spend a
reasonable amount (and not over $20 without further approval).
Lock on shed door There is no lock on the shed door.
We are happy to install a latch (which will involve drilling into the
metal) and have the Landlord reimburse us the cost. We could use
the padlock left in the shed. If you consent, we will only spend a
reasonable amount (and not over $20 without further approval).
Broken built-in The bracket on the top of the built-in in the first bedroom is broken.
bracket in first This means it is not possible to store things on the top of the built-
bedroom in.
We are happy to repair this and have the Landlord reimburse us
the cost. If you consent, we will only spend a reasonable amount
(and not over $20 without further approval).

Summary
In summary, we would like you to:
tell us if the bond has been lodged, and if it has not, lodge it immediately;
allow us to sign the lease;
provide a copy of the lease signed by the landlord;
sign off the condition report we provided to you;
tell us the telephone number of the premises; and
arrange for the listed repairs to be made and give us permission to do the repairs we have offered
to do ourselves.
As you will appreciate, these are matters of some urgency to us. Without wanting to be
hostile about it, we won’t hesitate to seek an order from the Consumer and Tenancy
Tribunal if these matters are not resolved speedily.
Please get back to us as soon as possible regarding the issues raised in this letter.

Yours sincerely

Paul Young
043-929-4357
paulyoung85@gmail.com

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 Additional defects we have observed in the premises
As discussed earlier, the outside lavatory is not working.
There is no aerial cable provided for the TV.
There is chipped paint underneath the mantelpiece in the lounge.
There is a large amount of wood, pipes and other rubbish under the deck and behind the shed.

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