Damage to carpet by storm
- Thread starter iinvestor
- Start date
Macca, Thank you for looking this up, as your first post did confuse me a little.
Perp, I am always very concerned about "phone calls to the RTA". The problem with a phone call, is a) the words you use, b) the words the RTA person hears, c) etc etc.
I cannot tell you the number of times we have had tenants tell us ... "the RTA said" ... then in mediation ... the mediator confirms that "reality" is not as they claim the "unnamed person" on the end of the phone said.
Wylie, a tenant has an obligation to do what they can to protect the landlords property. If they choose to leave a window or door open while they are away so the place is cooler when they come home, and a storm arrives ... then yes their actions (or lack thereof) contributed to the damage, and they should be liable. We has a recent instance where a tenant appeared not to completely extinguish an incense stick, and a fire severely damaged a flat. When the insurance company repaired it for the landlord, they approached us for a forwarding address for the tenant. We assumed it was not to send a Xmas card. At sign up, we inform all tenants, insure your risk, or run the risk ...
Perp, I am always very concerned about "phone calls to the RTA". The problem with a phone call, is a) the words you use, b) the words the RTA person hears, c) etc etc.
I cannot tell you the number of times we have had tenants tell us ... "the RTA said" ... then in mediation ... the mediator confirms that "reality" is not as they claim the "unnamed person" on the end of the phone said.
Wylie, a tenant has an obligation to do what they can to protect the landlords property. If they choose to leave a window or door open while they are away so the place is cooler when they come home, and a storm arrives ... then yes their actions (or lack thereof) contributed to the damage, and they should be liable. We has a recent instance where a tenant appeared not to completely extinguish an incense stick, and a fire severely damaged a flat. When the insurance company repaired it for the landlord, they approached us for a forwarding address for the tenant. We assumed it was not to send a Xmas card. At sign up, we inform all tenants, insure your risk, or run the risk ...
Is this a statutory obligation? If so, under what provision of the Act?
Or are you referring to the common law duty not to be negligent, which is a much lower standard?
Macca, Thank you for looking this up, as your first post did confuse me a little.
Perp, I am always very concerned about "phone calls to the RTA". The problem with a phone call, is a) the words you use, b) the words the RTA person hears, c) etc etc.
I cannot tell you the number of times we have had tenants tell us ... "the RTA said" ... then in mediation ... the mediator confirms that "reality" is not as they claim the "unnamed person" on the end of the phone said.
Wylie, a tenant has an obligation to do what they can to protect the landlords property. If they choose to leave a window or door open while they are away so the place is cooler when they come home, and a storm arrives ... then yes their actions (or lack thereof) contributed to the damage, and they should be liable. We has a recent instance where a tenant appeared not to completely extinguish an incense stick, and a fire severely damaged a flat. When the insurance company repaired it for the landlord, they approached us for a forwarding address for the tenant. We assumed it was not to send a Xmas card. At sign up, we inform all tenants, insure your risk, or run the risk ...
Our RTA states (yes, it's canada...but they really are similar) that a tenant must take care, and any damage whether thru willful or negligence, the tenant is responsible for...also includes their guests.It also states it must be kept in a state of normal cleanliness.You might not be able to define what is 'normal' but you certainly know it, when it isn't.
We never believe anything a call to the RTA says either...because what you tell them..isn't what they are hearing.
We use fixed term leases for the majority of our tenants, which is quite uncommon here. Most of the RTA workers aren't told this, when a tenant asks about breaking their lease...they are told the wrong information..because the tenant doesn't tell them everything..or outright lies.
or when the tenant complains about mold...they conveniently forget to mention they have left the windows open, moisture invades, and they haven't been using the heat etc etc etc
Insurance is something every tenant should have....here it costs them about $200 year, and as Peterw stated, it also covers them if a guest gets hurt because they left marbles on the floor (for instance)
The "Fact Sheets" actually use the term, " you are responsible for looking after the property ...."
With respect, that's vague, fact sheets aren't law, and even under the most rigorous interpretation, "looking after the property" is - legally - a country mile from the tenant having "an obligation to do what they can to protect the landlords property". (As you said in an earlier post.)
The Act only refers to "malicious damage" (s 188(3)) being the tenant's responsibility, and "fair wear and tear" (s 188(4)) being the landlord's, which is consistent with what the RTA person told me.
I'm with perp on this one. The fact sheet is a guide and not legally binding. What is the meaning of 'looking after'? Is it different to 'looking before'?
For anyone that wants to keep an eye on the weather just use this site,there is another storm front coming through now not as bad as the last one but you just never know this time of year..imho..
http://www.bom.gov.au/products/IDR664.loop.shtml#skip
http://www.bom.gov.au/products/IDR664.loop.shtml#skip
I'm with perp on this one. The fact sheet is a guide and not legally binding. What is the meaning of 'looking after'? Is it different to 'looking before'?
Perp, Scott yes perhaps my words were a bit strong, however I do believe irresponsible actions are not to be tolerated. Leaving windows and doors open when storms are predicted I believe is irresponsible and negligent and the tenants should be held responsible. I also believe tenants are being very foolish, by not taking our the most basic on insurance covers.
In relation to the fact sheet, it often gets referred to during QCAT hearings.
Don't disagree with tenants often being irresponsible and having to hold them accountable, but... if the door that was left open is set back under a balcony and requires near-horizontal rain to get wet inside, I don't think the tenant was unreasonable.
Further, we have storm warnings for every day over the next week here in Brisbane. It would be unreasonable to insist that nobody's allowed to have a window open for a whole week because of storm warnings.
And if tenants did close everything up all the time, we'd end up with more landlords here whining that the house has mould and "if only the tenants had aired the place out a bit more".
The Sydney storms are no better: www.bom.gov.au/products/IDR713.loop.shtml#skip
Perp, then I reiterate, in my opinion it should then be on their insurance not the landlords.
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