Damage to outside gate to the carport

[Joel]

After peoples views on what the norm is on this, can I get the tenant to pay or will I fork it out. I do have TS Landlord insurance.

Due to the strong winds, one-half of the gate became free and swung in the wind causing damage to the post where the gate is hinged. The tenant quite likely did not use both the top and bottom latches on the gate to secure it, as the one at the bottom is difficult to access from the outside. The top latch automatically latches when the gate is closed but I guess it can become unlatched due to design. At an inspection it was not used. There was storm warnings issues by the BOM.

Should the tenant have been more prudent given the storm warnings to ensure the property is secured? Is this similar to a tenant who does not shut an external security door properly, leaving it to swing in the wind and is damaged.

I am getting the PM to obtain quotes as at the end of the day it has to be fixed. Just wondering if there's a case to get the tenant to pay for the damage.

Thanks,

Joel

 

[HD_ACE]

I would say if you cant open the gate from the outside when the bottom latch is used then they are quite within their right to only use one latch. If by design winds can damage it then I would put fault in your court unfortunatly.

unless you can prove they left it unlatched?

cheers

 

[Joel]

Thanks HD.

Kind of unfortunate, because the gate didn't open freely without lifting it when I bought the property, I fixed the gate so that it will swing freely and easy to open. Changed the latch to a newer one non-rusty one.

Will inspect for any damage on the latch which should be the weaker point compared to the hinge. Would you agree that if the latch is intact then this shows that damage was caused due to the gate being free and not latched?

I don't know if the gate can become unlatched by itself as I didn't test it lots. I rattled it and gave it a slight push to see if the gate would open, and it didn't. They could argue that it did open itself since it isn't a bolt, but one of those triangle latches. I see these used in many outdoor gates so I thought it'd be secure and convenient.

 

[HD_ACE]

If its the type i think it is then unless it was adjusted wrong ie locking bar to low or screws not tight enough alowing bar to move then dont see how it could come unlatched.

If it was me i would just repair or rehang the gate in an undamaged spot and install a bolt type latch and leave it at that. Not worth the bad blood or hassel imo.

Unless we are talking a large expense. But you would be relying on a confesion.

Cheers

 

[Joel]

Thanks HD. Will see how much it costs to fix the gate. I think the repair will be replace post, install the hinges if they aren't bent, replace with a bolt. The post needs to be replaced as there is a crack running length wise along the wood and also the hinge can't be moved due to gate design.

So I guess maybe half a day for a handyman + materials.

I just don't want to set precedence for the tenants and have them think the landlord is a push over where more and more requests will follow.