Ang Kalatas Volume III September 2013 Issue | Page 27

THE MESSAGE. BRINGING INTO FOCUS FILIPINO PRESENCE IN AUSTRALIA. September 2013 | Vol. 3 No. 12 | Ang Kalatas Australia | www.kalatas.com.au

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PROPERTY MARKET

High priority on decking
HOMEOWNERS considering adding a deck to their properties and those with existing decks have been urged to place a high priority on safety by Archicentre. National manager for corporate and government services Ian Agnew said that the next few months was the time when people planned to add a deck or make more use of an existing deck as warmer weather and daylight savings approached. Mr Agnew said homeowners planning to build a deck needed to ensure that the deck was designed to complement the existing home and built to comply with building regulations including any requirement to obtain development and/or building approval. “People need to allow time for good design, permit issues and construction to protect the integrity of their property and to avoid any costly legal issues,’’ Mr Agnew said. ‘‘There has been a focus on deck speci?cations and maintenance lately due to the number of deaths and serious injuries resulting from deck or balcony collapses in recent times.” When properly designed and built, the deck could become a feature of a home that added living space to the home, created lifestyle bene?ts and generated an added ?nancial return for a relatively inexpensive investment, he said. Archicentre’s deck tips: * Design your deck so it is oriented to catch winter sunshine but is suf?ciently shaded to allow you to use it at the height of summer. * Plan your deck to ensure it is large enough for entertaining, including room for furniture, circulation space and ’summer essentials’ like barbeques. * It is vital to specify durable timber and ?xings. Decks are inevitably exposed to the weather and deteriorate rapidly if they are built using inferior materials. * Make it legal and check whether development or construction approvals are required with the local council prior to construction of the deck. Illegal building can devalue your home and expose you to legal risks. * Make sure you maintain the deck properly to keep it looking good and staying safe and sound for years to come. * Ensure your builder is registered if necessary or - if you are building it yourself - that you have registered yourself as an ’owner-builder’ where required. * Reeded (or ribbed) decking boards are supposed to be laid with the reeds/ ribs facing down to prevent moisture building up between the underside of the board and the top of the joist to which it is ?xed. Fixing this way prevents premature timber rot. * Laying boards with the reeded side facing up provides a measure of slip resistance - at least initially - but the deck will be uncomfortable to walk on, dif?cult to keep clean and hard to maintain. * For maintenance of an existing raised deck - whether it is made of timber, concrete or features steel supports - check it out carefully for safety, including an inspection for rotting timbers, shaky hand rails or balustrades, loose bolts or brackets and rust stains. Rotting timbers and corroded steel ?ttings could substantially weaken the deck’s structure. * If people were to ?nd faults in their deck, they should take immediate action to repair them and if they are not sure they should seek professional advice and have the deck professionally repaired to make it safe.

Breaking a lease early - part 1
DOM MELLA
WHEN tenants sign a ?xed term tenancy agreement (lease), they are committing to stay for the full term. If they want to move out before the end of the ?xed term, there are potential costs involved and could be costly. There are some special circumstances where a ?xed term agreement can be terminated early without penalty. Refer to the section ‘Breaking the agreement without penalty’ below. Costs tenants may have to pay by breaking a lease • Paying rent until a new tenant takes over or the ?xed term period ends, whichever occurs ?rst. • A percentage of the advertising costs and the agent’s re-letting fee (if the landlord uses an agent). For example, if you break the lease 9 months into a 12-month tenancy there is 25% of t he lease remaining, so you would expect to pay 25% of these amounts. Optional break fee You and the landlord can agree to include a break fee clause in the additional terms of your tenancy agreement. The break fee is a penalty you agree to pay if you move out before the end of the ?xed term. If the ?xed term of the agreement is for 3 years or less the break fee is: • 6 weeks rent if you move out in the ?rst half of the ?xed term • 4 weeks rent if you move out in the second half of the ?xed term. If the ?xed term is for more than 3 years and you and the landlord agree to include a break fee clause, you can agree on the amount and write it into the agreement. That is all you have to pay if you move out early. However, if the landlord/ agent ?nds a new tenant quickly it does not mean that you will get any of the break fee back. It is a ?xed fee. Pointers to tenants If you need to end your lease early you should give as much notice as you can. The landlord/agent must take all reasonable steps to ?nd a replacement tenant as soon as possible. You should make it as easy as possible for the landlord/agent to show the premises to potential new tenants. If you are concerned that it is taking a long time to ?nd a new tenant, you can check that the landlord/agent is reasonably trying to re-let the property. The landlord/agent must try to keep your costs to a minimum. For example, if they do anything to make it harder to ?nd a new tenant (such as asking for a higher rent or unreasonably rejecting potential tenants) you may not have to pay the full amount they are asking. Once the new tenant is found the landlord/agent will request payment for the amount you owe. If you don’t pay or disagree with the amount, the landlord/ agent will usually claim from your bond or apply to the Consumer, Trader and Tenancy Tribunal. Be aware that if you owe more money than the bond and you don’t pay the balance, your name could be listed on a tenancy database. Such listings can make it dif?cult to rent again anywhere in Australia.

REAL ESTATE MADE EASY