HELP! Please tell me if I can claim for things that my agent told me I can't

[kennyboi]

My tenants have vacated and condition much worst than before.

Main points are:
Missing light fitting
Missing curtain
Rip carpet
Holes in wall
Yellow stained wall + ceiling, likely due to tenant smoking
Generally dirty and not in a similar condition I left it.

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My (soon to be ex) agent told me:
1. I can't claim cleaning of the yellowed ceiling due to mould. I never asked for paint, but rather clean of un-moulded sections of the ceiling, which is a large area compare to moulded sections.

2. I can't claim missing items due to their description of being "worn & aged". It might be worn & aged, but it was functional, and never got asked to have it replaced, or approval to dispose.

3. They ignored missing light fitting, rip carpet and possibly door bell, probably they might dismiss it as "worn & aged".

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I like to know if:
1. Tenant can disposed of things as they please just because it was worn & aged without my approval.

2. I can claim part of ceiling cleaning cost on the yellow stains all over the house.

3. I can claim patched holes to be painted to match existing

4. I can claim for repair to things that are fully functional yet "worn & aged"

5. I can claim to replace "worn & aged" but yet functional items that are disposed of by the tenant without my approval.


As the entry condition report wasn't done properly, I really appreciate your help!

Thanks

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Agent email says:

I have accessed the final inspection and advise that the following is claimable from the tenants bond , cleaning of the property includes:
Carpets
Light sugar soap of walls throughout where needed
Cleaning of oven + grill
Fan + light fitting clean
Light general wipe down
$399 claim

There is a lot of mould within the property especially on the bedroom ceilings-the property needs to be painted & the tenant is not liable for this.

In regards to the curtains this is fair wear & tear they were old & worn & were disposed of by the tenants.

The blinds are noted on the 2009 condition report as worn & aged.

Handyman:
Putty up holes in the property (excl paint)
$150 Claim

Compensation for oven tray $32

 

[HD_ACE]

How long were these tenants in there for?

 

[kennyboi]

How long were these tenants in there for?

Most recent lease starts from August 2010, vacated this Monday

 

[SK Investments]

If you went to the tribunal they would ask how old the items are and assess each damaged or missing item as per their depreciation reference book.

Eg. I claimed a pair of curtains, depreciation was 5 years, paid $100 for new set, could only get $20 from tenant as they'd been in for 4 years.

I'd say they would rate most of it as 'fair wear and tear'

Given how long the tenant has been in, and the description on the condition report, it sounds like the items would need replacing sooner rather than later anyway.

I'd just suck it up, take advantage of the situation to freshen things up a little, and get a new tenant in probably at a higher rent anyway.
The agent appears to be claiming for what they can.

 

[Terry_w]

You can claim anything but SK makes a good pooint - think about the evidence if you get dragged into the tribunal.

 

[Scott No Mates]

Although it is probably a mute point, how much were the tenants paying for this rundown hovel?

It is pretty hard to get anything more than 'thank you' considering the state of the premises upon entry.

 

[kennyboi]

Although it is probably a mute point, how much were the tenants paying for this rundown hovel?

It is pretty hard to get anything more than 'thank you' considering the state of the premises upon entry.

They were paying 445/wk, about 30/wk below average.

My (ex) agent isn't doing anything more for me, even though I pointed out to them that my legal advice & fair trading suggested I can claim further on missing items. They don't seem to work on my best interest. Glad I got rid of them.

 

[Perp]

My (ex) agent isn't doing anything more for me, even though I pointed out to them that my legal advice & fair trading suggested I can claim further on missing items.

Whether you *can* claim, and whether it's *worthwhile*, are two very different things. I suspect your agent probably gave you good advice.

Have you ever sat in a Tribunal hearing on this kind of matter?

 

[thatbum]

My (ex) agent isn't doing anything more for me, even though I pointed out to them that my legal advice & fair trading suggested I can claim further on missing items. They don't seem to work on my best interest. Glad I got rid of them.

What was your legal advice exactly?

Its a pretty easy test - did the tenants deliberately or negligently cause the damage?

Negligent in this context usually meaning that they did or didn't do something they ought to have reasonably done/not done.

If they didn't then its probably your responsibility as landlord.

 

[MRO]

The value of the curtains is probably $10. BUT the tenant should not throw them away without your approval.

This makes me question whether they had damaged the curtains in some way then thrown them out to cover this. Then the agent realised it wasnt worth the effort based on the value.

**** situation but no worthwhile doing anything about it. Agent has probably just saved you the effort of coming to this conclusion yourself.

 

[skater]

Probably not what you want to hear, but in the scheme of things this is pretty minor.

You sound like either a new Landlord, or you've only got one or two properties, so still in the 'learner' stage. That's not a negative BTW, just an observation. We all started somewhere.

If you want to be a Landlord you better start 'toughening up'. Most tenants are good, but sometimes good tenants turn bad, even in the best of neighbourhoods. The more properties you have, and the longer you have them, the more of this kind of thing you will see.

 

[kennyboi]

The value of the curtains is probably $10. BUT the tenant should not throw them away without your approval.

It's the principal that matters. I know I am not expecting much, probably around 10% of new value. The tenant shouldn't throw things out and the agent shouldn't neglect periodic inspection (the last was done Feb 13).

After a bit of strong words did they add $35 more on the few missing items from the bond.

 

[kennyboi]

Probably not what you want to hear, but in the scheme of things this is pretty minor.

You sound like either a new Landlord, or you've only got one or two properties, so still in the 'learner' stage. That's not a negative BTW, just an observation. We all started somewhere.

If you want to be a Landlord you better start 'toughening up'. Most tenants are good, but sometimes good tenants turn bad, even in the best of neighbourhoods. The more properties you have, and the longer you have them, the more of this kind of thing you will see.

I am actually more angry at my (ex) agent than the tenant at the moment. I am not sure why.

 

[thatbum]

It's the principal that matters.

No place for decisions based on principle if you want to be serious about investment, business or legal matters.

Otherwise you're likly to use up even more of your time and money than the issue would have caused you at first instance.

Small businesses often have to write off small bad debts - its the same for landlords and small tenancy expenses.

And that's assuming you even had a good case for recovering the costs for those issues you raised - which I wasn't convinced you had in the first place.

 

[kennyboi]

Can my agent refuse to put in a claim to a bond on items I requested? I ask them to put in claim for rip carpet and chip tile (chip is estimated 3x3x3cm triangular shape on edge of step) and gave them a link from fair trading as reference that my claim was within claimable "damage" definition. The final response I got is:

If you wish you can take the tenants to the tribunal yourself as I have deemed the rest fair wear & tear as no work or upgrades have been done in the property since xxx has managed it which has been since September 2007.( exception of oven & fence) . So a chip on the front stair & wood chipped off the front door is wear & tear in my eyes.

The carpet is the original carpet in the property & is worn old & is not hygienic-needs to be removed, I?m fairly sure you cannot claim for carpet after 7-10 years as there is no depreciation value esp for the condition & age of yours.

I also do not need you telling me how to do my job- thankyou.

Please come & collect your file, my job has now been completed & your agency agreement has now been terminated.

 

[Scott No Mates]

Kennyboi, are you mates with fullylucky?

 

[Scott No Mates]

They were paying 445/wk, about 30/wk below average.

My (ex) agent isn't doing anything more for me, even though I pointed out to them that my legal advice & fair trading suggested I can claim further on missing items. They don't seem to work on my best interest. Glad I got rid of them.

They may have been paying below average rent but by the description provided by the agent this property was well below the average too.

Your legal advice was a phone call to the free service provided by the OFT not necessarily from a lawyer - did you ascertain that you were dealing with a lawyer at oft or just a call centre officer?

Can my agent refuse to put in a claim to a bond on items I requested?

Yes, they have offered their professional opinion, you've chosen to ignore it.

The items which were not raised on the final inspection by your delegated agent are not subject to additional claims because your opinion differs from that of your agent.

I ask them to put in claim for rip carpet and chip tile (chip is estimated 3x3x3cm triangular shape on edge of step) and gave them a link from fair trading as reference that my claim was within claimable "damage" definition. The final response I got is:

If you wish you can take the tenants to the tribunal yourself as I have deemed the rest fair wear & tear as no work or upgrades have been done in the property since xxx has managed it which has been since September 2007.( exception of oven & fence) . So a chip on the front stair & wood chipped off the front door is wear & tear in my eyes.

The carpet is the original carpet in the property & is worn old & is not hygienic-needs to be removed, I?m fairly sure you cannot claim for carpet after 7-10 years as there is no depreciation value esp for the condition & age of yours....

Please come & collect your file, my job has now been completed & your agency agreement has now been terminated.

It looks more like the agent has terminated the agreement.

If minor w&t issues are a major concern to you maybe you might be better off self managing and saving yourself $$$.

 

[SK Investments]

Should we move this to the 'Jokes' thread now?

Be realistic, the place wasn't brand spanking new!

 

[skater]

I ask them to put in claim for rip carpet and chip tile (chip is estimated 3x3x3cm triangular shape on edge of step)
The carpet is the original carpet in the property & is worn old & is not hygienic-needs to be removed, I?m fairly sure you cannot claim for carpet after 7-10 years as there is no depreciation value esp for the condition & age of yours.

I also do not need you telling me how to do my job- thankyou.

Please come & collect your file, my job has now been completed & your agency agreement has now been terminated.

A chipped tile? Are you for real?

And a rip in old, worn out carpet? Seriously?

Are you sure property investment is for you? What will you do when a REAL problem presents itself?

 

[kennyboi]

They may have been paying below average rent but by the description provided by the agent this property was well below the average too.

Your legal advice was a phone call to the free service provided by the OFT not necessarily from a lawyer - did you ascertain that you were dealing with a lawyer at oft or just a call centre officer?

From my solicitor friend.

It looks more like the agent has terminated the agreement.

No, I sack them in October. It was meant to terminate mid November until I discover they neglect to do entry condition report for the transferred lease (condition report is in the name of previous lease). I was recommended to allow them to finish to let them limit the damage until lease vacates as there is no entry condition report in the right name to refer to, which they have agreed.

Reason I sack them is they are slack at my repair request for around 6 months, not advising me of rental arrears of around 2wks, not doing periodic inspection for 20+ months (last one I got is Feb 2013).

I am just wondering what chances I get to claim some fee back from a breach of contract against the agent.