The security door issue
102.37 the security door issue relates to two parallel sliding doors at the rear of the residential premises. The outer door is a security screen door (screen door) and the inner door is a security glass door (glass door);
102.38 on 16 December 2014 the Managing Agent conducted a routine inspection of the residential premises. In the Report prepared from that inspection it is noted "6. Screen door got holes everywhere and is unable to lock."
102.39 on 19 December 2014 the Managing Agent requested a tradesperson to provide a quotation for the replacement of the screen door. A quotation was subsequently provided;
102.40 on 4 February 2015 the tenant emailed the Managing Agent stating "the flyscreen of the back sliding door hasn't been fixed yet, its has been more than six weeks since you guys came for inspection and the fly screen of the front door is tearing as well, that too needs to be changed…"(sic) It is clear that the tenant is referring to the mesh screen of these doors in this email, not to any locking device.
102.41 on 10 February 2015 the Managing Agent responds to this email stating that she will have to follow up with the landlord and obtain his instructions regarding the screen door.
102.42 it is not clear what then happened, if anything. There is no mention of the issue in the report prepared following the next routine inspection which was carried out on 19 June 2015, nor in the report from the routine inspection that was carried out on 14 October 2015.
102.43 on 11 March 2016 the Managing Agent conducted a routine inspection of the residential premises. It appears that in the course of that inspection the tenant or Mr Khanna notified the Agent that the back door lock was broken. This is noted in the inspection report as "back door doesn't lock";
102.44 on 29 March 2016 the tenant emailed the Managing Agent requesting a number of repairs, including to the back door lock. That email states in part:
Just wanted to remind you about the repairs which were mentioned to you many times earlier, Further the following is the list of the things required to be repaired and were reported to Angela as well. It has been more than two weeks since she came on 11 March 2016 for Routine inspection;
I repeat the following is the list of things
…
2. Back door lock doesn't close and Lock is not working, which is unsafe for us, as anybody can enter through that door.
…
102.45 the Managing Agent responded to that email later that day advising the tenant that the request for repairs had already been referred to the landlord for his instructions, and that this would now be followed up. The Managing Agent issued a Maintenance Order for the repair of the back door lock (and other repairs) later that day, apparently after receiving authorisation of the landlord to carry out these repairs;
102.46 it is not clear when this work was carried out. However, the contractor submitted an invoice for payment to the Managing Agent, which is dated 23 May 2016 in which the following work is itemised: "installed new lock to screen door and remeshed door." It is thus clear that this work related only to the screen door and was completed by that date;
102.47 on 15 June 2016 the tenant and Mr Khanna emailed the Managing Agent stating that "there are a few things that need to be repaired." Among those items listed is "1.Back side Glass Door Lock is broken" and it is stated "Your Tradesman came and had a look at the back Glass door, he said the lock needs to be replaced." The Managing Agent responds to this email later that day advising that she will notify the owner of the requested repairs;
102.48 on 29 June 2016 the tenant wrote to the Managing Agent to complain about the repairs carried out to the security door. That letter states in part:
This is to our previous many complaints and subsequently doors were repaired by trade's person (Un licensed) which did not work according to minimum required satisfaction, however we requested you again and made the complaint from more than 15 days which is neglected by you. Please note we have no security and safety without locks and held you responsible for mental anxiety.
…
For your reference I am sending you photographs of repairs done by you which need urgent attention and should be fixed by tomorrow.
Attached to the letter are three colour photographs depicting the locks on the screen and glass door. One of these photographs appears to depict a jagged edge to the locking device on the screen door. Another appears to depict the locking device on the glass door removed from its sockets.
102.49 on 30 June 2016 the Managing Agent replies to this correspondence by email stating in part; "I have spoken with [contractor] regarding the back door. He was asked to fix the screen door which he has done. The glass door was a new issue from what I can see. He is providing me with a quote to fix this handle";
102.50 on 12 July 2016 the tenant wrote to the Managing Agent about a number of matters, including in relation to the security door. That letter states in part:
3. For the locks and wrong doing of fly screen which can cut the hand and make serious injuries for which photographs was sent to you.
3.1 As I have written to you which is pending with continues excuse I need both the doors to fix by given time and date in my previous letter otherwise we will do accordingly as asserted in my previous letter. We expect tradespeople to fix the door with license and copy of licence to be provided moreover for out safety.
102.51 in another letter to the Managing Agent, also dated 12 July 2016, Mr Khanna states, in part:
You have neglected complaint dated 29-6-2016 and breached the contract to provide security to tenants pursuant to RESIDENTIAL TENANCIES ACT 2010 - SECTION 70, Locks and other security devices.
I further note you have neglected to permit tenants to fix the locks …
I also note that you have not considered the anxiety of the tenants and occupants suffering beyond inconvenience causing insecurity without locks …
102.52 the Managing Agent emails the tenant later on 12 July 2016 in response to these letters. That email states in part:
In terms of the door lock our handyman has already provided a quote to replace the glass door handle. This has already been approved by the owner and our handyman will be in contact to arrange a suitable time. Again his name is [name provided] and is number is [number provided] if you want to arrange a time with him earlier.
102.53 on 20 July 2016 the tenant and Mr Khanna arranged for a locksmith to attend the residential premises and carry out a repair to the glass security door. The locksmith's invoice for that work is in evidence.
102.54 on 21 July 2016 the Mr Khanna writes again to the Managing Agent about various matters including the security door. That correspondence states in part:
…
On date 12-7-2016 ultimate Notice was given to fix the door locks (Glass & Fly Screen) by 13 July 2016, which was long pending; with urgent attention, but neglected by you. You failed to fix the locks.
…
1. On date 20-07-2016 The Glass door lock was fixed by holder of licence (Lock Security).
2. Fly Screen is yet to be replaced with lock as your tradesperson (name) is not a holder of a security licence to replace the locks or repair locks without license legally. You still can fix the fly screen door by tomorrow or otherwise I will get it replaced and sought it out in final hearing.
102.55 on 25 July 2016 the Managing Agent emails Mr Khanna, apparently in response to this letter. That email states in part:
As advised to you, the screen door has been fixed. The owner has already approved the glass door to be done and the handyman has tried contacting you already to access the property to get this work completed. You are delaying access and therefore the repair.
102.56 since that time the Maintenance Order has not been carried out because the tenant and Mr Khanna have refused to allow the contractor access to the residential premises until the Managing Agent provides the information about the contractor's licences, qualifications, insurances and a range of other matters and an undertaking as to liability as set out above;
102.57 the landlord has submitted documentary evidence which establishes the qualifications, including licenses, experience and insurances held by the contractor engaged to carry out the repairs requested by the tenant and Mr Khanna. The contractors were and are clearly qualified to carry out this work.