How do you charge for damage to a kitchen bench?

[jerrybee]

There was a small hole the size of a pea burned into the kitchen bench (there are concentric circles around it, which suggests someone put a hot pan on it). It has exposed the underlying board which will cause it to expand / swell as more water gets in it, which will be unavoidable given that it's right next to the sink. I've seen something like this before - I accidentally cut my dinner table which was made of the same type of laminated MDF, and it grew from a small slither to a beastly flesh wound looking thing.


And secondly because they didn't use a cutting board, there are cut marks all over the bench. It's a disgrace.

Is it fair to charge them for a whole benchtop replacement? Or is that excessive?

Secondly there's a second level to the bench (kind of like a shelf). It wasn't damaged, but it's the same pattern as the bench. It would be totally mismatched if I were to replace one but not the other. Is that included too?

 

[Sez]

How old is the bench? In VIC tribunal will depreciate depending on the age of the item damaged.

 

[S.T]

Get some quotes on fixing it?

 

[Simon]

Perhaps you can cut out the damaged bit and insert a piece of stone. Polished granite or the like. This will be a handy chopping block and also prevent hot pans from causing future damage.

 

[jerrybee]

Perhaps you can cut out the damaged bit and insert a piece of stone.

Na it's just MDF.

 

[jerrybee]

Get some quotes on fixing it?

I don't know if it would even be feasible to patch a hole in a laminate covered MDF bench?

 

[pinkboy]

Na it's just MDF.

Definitely be able to rout out a ~40cm x 40cm area in the benchtop and insert a cutting board or stone as suggested. Even if it sat proud it would be a neat and practical solution.

Easy to do as well.


pinkboy

 

[Simon]

Na it's just MDF.

How does MDF make it unworkable? I reckon it would make it easier.

 

[DEC]

There was a small hole the size of a pea burned into the kitchen bench (there are concentric circles around it, which suggests someone put a hot pan on it).

And secondly because they didn't use a cutting board, there are cut marks all over the bench. It's a disgrace.

Is it fair to charge them for a whole benchtop replacement? Or is that excessive?

Sadly, more than likely all fair wear and tear as far as any tribunal or insurance policy would be concerned.

 

[L and P]

We had to do a repair almost identical. It cost $130 for a cabinet maker to cut and insert a board in.

 

[Dazz]

Delete the words "How do" then replace with the word "Can".

Then reply with a No. Keep smiling !!

 

[skater]

Is it fair to charge them for a whole benchtop replacement? Or is that excessive?

This is your first IP, isn't it?

 

[beachgurl]

I agree with a PP that it would be deemed wear and year. We just replaced a bench top that had split during the last tenancy. Unless an item is deemed to be damaged in a malicious manner it can be difficult to place the cost of repair on a tenant.

 

[rugrat]

Even if a tribunal didn't hold it as fair wear and tear, they would likely only award costs for the actual portion of benchtop that is damaged, despite the entire lot needing replacing. I've seen that happen before.

 

[jerrybee]

This is your first IP, isn't it?

No but it's the only one I actually care about. One property I own I haven't even seen inside of and don't care about but this one I love to bits so I look over it like a hawk

 

[pinkboy]

No but it's the only one I actually care about. One property I own I haven't even seen inside of and don't care about but this one I love to bits so I look over it like a hawk

...and that will be a limiting factor in the Resi Property game...

pinkboy

 

[fisherman]

It is a repair.

Do the repair of inserting a 'surface saver' panel of quality heavy plywood where the damage has occurred.

Charge the tenant for the repair.

It is nonsense that the owner should be 'sucking it up' and walking away from demanding payment for the repair.

What evidence is there that a properly invoiced repair bill with stated cause (eg 'burn mark') from a business will not be allowed by a tribunal?

 

[wylie]

It is a repair.

Do the repair of inserting a 'surface saver' panel of quality heavy plywood where the damage has occurred.

Charge the tenant for the repair.

It is nonsense that the owner should be 'sucking it up' and walking away from demanding payment for the repair.

What evidence is there that a properly invoiced repair bill with stated cause (eg 'burn mark') from a business will not be allowed by a tribunal?

I believe that the issue is that the tribunal is unlikely to allow full replacement of a whole bench top when it can be repaired.

I agree that an invoice stating it is a repair, which should not be too costly, would likely get through.

 

[Sez]

I think you should certainly try to get some compensation but be aware of a few things, mainly how old is the bench (if it's 50 years old then....sorry). Take photos and ask the tenant to pay. If the tenant refuses and it goes to VCAT you won't be awarded the full amount but you may get something, tribunal will justify their decision with the age of the bench and the % of the bench that was damaged.

 

[fisherman]

I think you should certainly try to get some compensation but be aware of a few things, mainly how old is the bench (if it's 50 years old then....sorry). Take photos and ask the tenant to pay. If the tenant refuses and it goes to VCAT you won't be awarded the full amount but you may get something, tribunal will justify their decision with the age of the bench and the % of the bench that was damaged.

Are you saying that the cost of the repair charged by a kitchen firm to insert a panel to re-place the damaged area would be discounted by an amount (proportionally) equivalent to the depreciation of the cabinets? Can you give an example where VCAT has arrived at that decision?