A few mgmt questions

[TMNT]

Just got a few questions re mgmt if people could answer that would be great

1. Tenant calls and says someone threw a bottle through the window, pm tells me I have to pay for the board to go up, and also for the window replacement costs. Am I responsible for broken windows?

2. 23rd dec- my plumber goes out to fix a plumbing issue, and accidentally drills through the power and power goes off
24 dec- tenant informs the agent, they call me and say is it ok to send out electrician, I say ok,
I call agent and leave msg to see how it all went
25 dec- I don't hear back so I call the agents 24 hr emergency mobile number, it's disconnected so I send an urgent email,
As of today no response, if the tenant has no power until the agency reopens, if I have to reimburse the tenant or they vacate, who's fault is it?

3.

 

[thatbum]

Just got a few questions re mgmt if people could answer that would be great

1. Tenant calls and says someone threw a bottle through the window, pm tells me I have to pay for the board to go up, and also for the window replacement costs. Am I responsible for broken windows?

2. 23rd dec- my plumber goes out to fix a plumbing issue, and accidentally drills through the power and power goes off
24 dec- tenant informs the agent, they call me and say is it ok to send out electrician, I say ok,
I call agent and leave msg to see how it all went
25 dec- I don't hear back so I call the agents 24 hr emergency mobile number, it's disconnected so I send an urgent email,
As of today no response, if the tenant has no power until the agency reopens, if I have to reimburse the tenant or they vacate, who's fault is it?

3.

1. Probably, unless you can somehow claim the tenants negligently or intentionally did the damage (ie. they are lying about it)

2. You are liable at first instance to the tenant, but may be able to pass down the damages to the plumber.

That's a simplistic analysis based on the short info provided anyway.

 

[Terry_w]

The joys of investing in property! This doesn't happen with shares.

 

[D.T.]

The joys of investing in property! This doesn't happen with shares.

Because all the dodgy things directors do are behind closed doors

 

[TMNT]

Ahh thanks guys

The plumber is actually a friend of mine so I can't really ask him to pay for damages
Plus he was fixing someone else's work

 

[vaughan]

Ahh thanks guys

The plumber is actually a friend of mine so I can't really ask him to pay for damages
Plus he was fixing someone else's work

Gonna sound really tough here, but this is NOT running your IP like a business.

You should have insurance to cover the cost of the broken window. I'd be getting the tenant to pay the excess. Sure, it's not the tenant's fault the window got broken, but it's not your fault either; the tenant is responsible for maintaining the property.

The plumber should have insurance to pay for their mistake. You should not be out of pocket.

 

[thatbum]

the tenant is responsible for maintaining the property.

Not in any residential tenancy that I've heard of.

I agree its not the landlord's fault, but unfortunately it just means it falls onto the landlord's responsibility nonetheless.

 

[The Y-man]

1. For you to claim on building insurance

2. Organise a sparky yourself ASAP - depending on which state this IP is in, the tenants may be able to legitimately claim expenses/ vacate/etc - in Victoria, failure in electricity supply is classed as urgent repair and the tenants themselves can organise repairs up to $1,000 and claim back of you (more if they can justofy it and could not get hold of you).


The Y-man

 

[Ed Barton]

Request the tenant get a police report for the malicious damage to the window, if you're to claim on insurance you will likely need it. Someone's less likely to tell porkies to the cops (if that's the case).

 

[The Y-man]

Request the tenant get a police report for the malicious damage to the window, if you're to claim on insurance you will likely need it. Someone's less likely to tell porkies to the cops (if that's the case).

Great point.

The Y-man

 

[TMNT]

Gonna sound really tough here, but this is NOT running your IP like a business.

You should have insurance to cover the cost of the broken window. I'd be getting the tenant to pay the excess. Sure, it's not the tenant's fault the window got broken, but it's not your fault either; the tenant is responsible for maintaining the property.

The plumber should have insurance to pay for their mistake. You should not be out of pocket.

The window is about 300 all up
My excesses for insurance range between 250 and 600

Obviously not worth it in most cases

But admittedly I'm worried my premiums going up for making too many claims,

 

[vaughan]

the tenant is responsible for maintaining the property.

Not in any residential tenancy that I've heard of.

Of course it is. If the frame of the window falls apart then it's landlord's problem. If the window pane breaks then the tenant pays.

What if the break was caused by the tenant?

 

[thatbum]

Of course it is. If the frame of the window falls apart then it's landlord's problem. If the window pane breaks then the tenant pays.

What if the break was caused by the tenant?

A tenant is generally responsible for any damage that they intentionally or negligently cause. Other damage outside this scope is almost certainly a maintenance issue and the landlord would be liable.

I have no idea where you came up with the window frame/pane distinction.

 

[Lil Skater]

in Victoria, failure in electricity supply is classed as urgent repair and the tenants themselves can organise repairs up to $1,000 and claim back of you (more if they can justofy it and could not get hold of you).

For what it's worth, the urgent repairs limit has been increased to $1,800

Gotta agree with thatbum here regarding the window, if there's no proof they did it then you can't make them pay.

Even if you're not claiming on insurance, still get the tenant to make a police report.

With regards to the sparky, his fault to fix. Regardless if he's your friend or not, you're running a business and if you feel you cannot have a professional relationship with a friend (ie. Them fixing their screw ups) then you shouldn't be using them.

I'd be concerned about your PM, how are the tenants getting in contact for urgent repairs during the holidays? Everyone deserves a break, but if your business model includes an emergency number, it needs to be connected and if you are going away you need to make sure your clients know where things stand.

 

[TMNT]

I'd be concerned about your PM, how are the tenants getting in contact for urgent repairs during the holidays? Everyone deserves a break, but if your business model includes an emergency number, it needs to be connected and if you are going away you need to make sure your clients know where things stand.

Exactly!

It's a well known franchise

To be not contactable on their emergency number has me very concerned

They have been great so far but for all I could tell the tenant may not have had power since 24th dec, which is totally unacceptable

 

[Tano]

Gotta agree with thatbum here regarding the window, if there's no proof they did it then you can't make them pay.

So what your saying is that anyone could have broken the window by throwing a rock through it etc but if you can prove it was broken from the inside then the tenant is liable? (I know insurance companies can tell which direction the window was broken)

What about internal glass that could not normally break from outside factors like a glass shower frame or oven door?

 

[Scott No Mates]

What about internal glass that could not normally break from outside factors like a glass shower frame or oven door?

***** happens, very difficult to prove so unless you have video/affadavit etc stating it was misuse, grin and bear it or buy an investment which does not require intensive management.

 

[Tano]

Scott. Is the RTA stating the tenant is responsible for repairs or does this again come down to how to prove how it actually broke? I had to replace the same glass panel 3 times in 18months in the shower and it seems unfair to keep coughing up this $350 cost (the excess to claim was a greater cost).

"An example of who's responsible: If the tenant breaks a window by throwing something through it, they are responsible and have to pay. If a window breaks because the putty comes loose due to age without the tenant knowing, and the window falls out, that may be fair wear and tear and the lessor/agent/manager may have to pay. "

https://www.rta.qld.gov.au/Renting/...ance-and-repairs/Whos-responsible-for-repairs


But a counter argument that ended at the tribunal is here:
http://www.apmasphere.com/forums/2-Property-Management/topics/920-Broken-Window-in-Rental-Who-Pays-


So whats to stop the tenant repeatedly breaking windows to send their landlord broke if they dislike their landlord?

 

[thatbum]

So whats to stop the tenant repeatedly breaking windows to send their landlord broke if they dislike their landlord?

A landlord going to court/tribunal and proving that the tenant did it.

 

[CHAOS]

Tenant should have reported to Police.
How do they know it was caused from a thrown bottle? I would assume they would be in possession of the bottle then - and the bottle would likely have a set of fingerprints on it. (If only one set then...if two sets of course the second set is when the tenant picked up the bottle afterwards).
If there is no bottle - then "how did that window break again?"

Of course Police are too busy to do a finger print analysis for a broken window. Resources better utilised elsewhere...
Simple questioning may have uncovered the culprit though. What time, where were you when it happened? What room? What did you see?
If they are telling the truth - wouldn't they be concerned about this occurance - and if they did do it - having to talk to the police may deter them from trying it on next time.