Is this "fair wear and tear"

[BoatBoy]

We've had some tennants move out of a property and have dammaged an area of our highly polished timber floors.

When they signed the lease they were made aware of our love for these floors and we even supplied with carpet and felt dots for the furniture.

The PM has suggested knocking $100 of the bond, but you wont get someone to turn up let alone fix a floor for $100, so I've told them to hold the bond until they get quotes for the repair, which they are doing.

The next one has the tennant cranking the oven timer knob far enough to make it free spin now. Not sure yet if the knob or the timer mechanism has broken.

The same tennant has done the same with the venetian blinds in one of the rooms and twisted the adjustment wand off.

The stove and the blind's are only 6 mths old as it is a brand new house that we had built.

What do you reckon, should they fix or is it "fair wear and tear"

BB

 

[tubs]

From my recent experience with stains to a very new carpet (only 2 yo when the tenants moved in) you might be better taking the $100. Floors do get scratched and it will probably be seen as fair wear and tear.

And yes, I do know that its the fault of the tenant, but the advice to me over our carpets was that a tribunal wouldnt rule in our favour.

 

[skater]

The things tenants do sometimes totally astonish me. We had one who cleaned the 1 year old stove. Did a lovely job on the inside. Only problem was that it was a stove with a solid element & the enamal came up to the edge of the element. I don't know what they used, but it looked like they had used an angle grinder as the entire edge had been totally removed.

Then our neighbours moved out of their rented house. Just watching some of the goings on was a real education. All the furniture was dragged across the polished floors. Nice big grooves left behind. The landlord was suitably impressed.

In the case of our neighbours, I know they didn't damage the floors on purpose. They just didn't think. The way they handled their own furniture was just as bad. Rough as guts. It won't last long.

 

[sailor]

Once had a tenant who dropped a framed painting and broke the glass and frame. When I did the final inspection and found it leaning against the wall (facing the wall), they said they'd taken it down cos they didn't like it.
When I pulled it out and showed them it was broken, they said it fell off the wall and broke. That was when I knew they lied to me. They just didn't care.

Ofcourse I took the repairs out of their bond. Sold all the furniture and rented the unit unfurnished. I will never rent a furnished place again. The tenants just don't take care of things the way an owner does.

Moral of the story...make your property as tenant-proof as possible.

 

[BoatBoy]

In the case of our neighbours, I know they didn't damage the floors on purpose. They just didn't think. .

Hi guy's , I know these tenants did'nt do it on purpose, just like I did'nt hit that car on purpose a few years back.

I still had to pay for the damage though.



BB

 

[Dis]

Moral of the story...make your property as tenant-proof as possible

Whats the most tenant proof type of flooring? I'd assume tiles in the wet areas but what about the rest? Flooring guy I asked recommended industrial strength laminate:
- can get ones that look like timber floating floors
- waterproof so spills from kids, undeclared pets, etc wont worry it
- hard wearing (though I dont know execatly what this means in terms of dragging furniture, stilleto heals, doggie paws, etc)
- can change a single vinyl tile if its gets really messed up
- low maintainence. Wipe and polishe periodically. Probably doesnt matter if tenant doesnt polish as often as he should...

 

[JoannaK]

The stove and the blind's are only 6 mths old as it is a brand new house that we had built.

I would assume then that the floors are only 6 months old as well.

You would be well within your rights to pursue this as far as possible. Fair wear and tear just does not occur on the scale that you have described for a house that is only 6 months old.

 

[PropertyManager]

Wear and Tear

As much as it hurts you, scratched boards are wear and tear and if it were to continue you would be lucky to get anything from mediation. If the tenant is happy to give you $100 take it.
I also have polished boards in my investment and I know it will only take 12 months to see it scratched, its unavoidable no matter how much care is taken, accidents happen.
On the timer, they go for no reason so I doubt you have a claim there. The same with ignitors, no idea why all tenants demand them to be fixed. They are painful and expensive to fix.
Venetians, again, fair wear and tear. Thin plastic will break, thick plastic will break. It could have happened to you so its accidental.
The things you have a high chance of claiming are obvious mallicious damage but even then there are no guarentees you will win them.
It's all geared to the tenant and the landlord has limitted rights regarding thier own property now.

 

[sailor]

Would any of this damage be covered by Landlord's Insurance?

 

[BoatBoy]

Hi JoannaK, As yet we are waiting to see the damage on the polished floor, which is in the older riverhouse where we eventualy plan to live. [hopefully get pic's today], but from what we've heard it seems to be a heap of scratches in one corner, so maybe not from moving furniture on the way out, maybe from a potted plant with nothing under being rotated over 6 mth's, but don't really know yet. I realize it's not the end of the world' but it is bloody annoying. Bloss wanted nice houses for our tennants[they are all better than our PPOR] I wanted to be a slum lord, and not care.

The stove and venetian is in a new house we built, and Property Manager, I know we may have broken them if we were there, but the difference is we would have fixed it, just as we do on anything we break. We had previous tennants in the same house punch a hole in the fibro wall while moving furniture into the bedroom, it was an accident as well, but they fixed it up.

We do understand how the rules are stacked up against the landlord, but that does'nt make it any more pallatable.

Sailor, while landlord's insurance may cover this, i'd suspect it would be under a grand to repair, if I got someone to fix, if I could get someone to fix.

It just amazes me how people accept no responsibility for their actions, when I was a kid I would have copped a flogging for mistreating peoples property , or ignoring my responsibility's.

At the end of the day it's not the end of the world, just a PITA.

BB

 

[fernfurn]

Why not keep their whole bond and let them try to get it back

 

[PropertyManager]

Wear and Tear

It depends on your insurer but most likely no. The sad part of life is that people do not respect your things as they were their own and scratched boards are something that happens as they say.
I have never had an insurance company pay for damage to polish on boards, maybe if they did more damage to the floor than a few scratches they might.
The hard reality of the matter is that you allow people to live in your home, for a price and so you are seen as to accept the repercussions and the possible damage to the premise as an offset for the rent.
You really cant expect that tenants will look after anything in the home as it was theirs as its not. They will drag furniture on your boards where you would pick it up and move it.
As polished boards would be a capital expense, you also most likely will not be able to claim it on your tax if you chose to have them re polished either.
Cant win as a landlord I know

 

[pennyk]

I think you should take the $100 and move on. But I certainly wouldnt get them repolished for you next tenants. Wait and if at some stage in the future you are moving in or selling, then do it then.
I think its unrealistic to expect anyone, let alone tenants, to not scratch a polished wooden floor..... I know - we have them. We have furniture protectors etc, but they still get scratched.
If thats the extent of the damage they have caused, then I'd be pretty happy! Its a rental, not your PPOR, and I think you may need to be less emotionally attached, otherwise you are going to be disappointed when every tenant moves out.
Pen

 

[BoatBoy]

Why not keep their whole bond and let them try to get it back

Unfortunately the Landlord does not get to hold the bond or decide what should or should'nt get fixed at the tennant's expense.

If the landlord did get to hold the bond and make the decissions i'm sure tennants would have more respect once they realized they don't hold all the card's.

I take it from some of the responses here that some of you feel that if they didn't mean to cause damage they shoud'nt be held accountable.

Maybe that's what's wrong with people today, their just not held accountable for their actions and stupidity.

If they were there would be less thoughtless and stupid people around.

Anyway,as said before, it's not the end of the world, just a PITA.

And being an eventual PPOR, this one with the floors is a bit special to us.

Maybe we should cover the floors with some second hand carpet and not let the tennants enjoy their lovely look's.

It's a shame, it's always the first thing comented on.

BB

 

[Bricks & Mortar]

Move on

I think you should take the $100 and move on. But I certainly wouldnt get them repolished for you next tenants. Wait and if at some stage in the future you are moving in or selling, then do it then.
I think its unrealistic to expect anyone, let alone tenants, to not scratch a polished wooden floor..... I know - we have them. We have furniture protectors etc, but they still get scratched.
If thats the extent of the damage they have caused, then I'd be pretty happy! Its a rental, not your PPOR, and I think you may need to be less emotionally attached, otherwise you are going to be disappointed when every tenant moves out.
Pen

Thanks Penny that's the best adise I can see in this tread.

We had to rush around last weekend to Phillip Island to replace a dining room setting because the table had broken. Sure the previous tenants may have caused it to break, but it had been broken and fixed before, no time to cry over spilt milk...people are there to holiday so it's replace it ready for the next weeks tenants and move on, it's part of renting out the property. It's not the first and not the last thing to get damaged.
Sometimes you can get tenants that treat things better than you do yourself and others who a just short of scum. That's the game your in, for more permanent rental you do get a filtering system in property managers but occasionally a bad tenant can sneak through.

scratches on floors, hah
try ripped out balastrade, broken lamps, lights or unbrellas and my favourite bright pink nail polish on the couch.
and no we didn't seek any compensation.

scratches ARE wear and tear, perhaps you should compare it to a new car ....How good is the duco after a year

 

[TheCamel]

The same with ignitors, no idea why all tenants demand them to be fixed. They are painful and expensive to fix.

I assume you mean the clicky thnigs you have on gas stoves and ovens ?
From a tenants point of view, i demand them to be fixed because its a GAS OVEN.
Its DANGEROUS for me to be crawling inside the oven to light it, or even to use one of those long stemmed lighters.
Its unreasonable for the PM, or the LL, to expect me to not use the oven, or to risk my safety.

If the ignitor doesn't work, then, as far as i'm concerned the oven doesn't work, and thats grounds for emergency repairs under the ACT RTA. If the PM/LL won't come to the game, then i'll get it fixed myself.

 

[Ali G]

BB, there are some special pens you can get to help cover up scratches in polished floorboards. They come in numerous shades of brown. They are like a paint pen of sorts, I guess. You just colour in over the scratches and then wipe over the top of the boards with a cloth. The pen 'colours in' the scratch so that it does not look so obvious. If you choose a pen that is well matched, you won't even be able to tell it has been done, although you will still see the indentation in the wood. I used to sell polished boards and we used these all the time, as so many people came into the store and deliberately tried to scratch the floors to see how easily they could be damaged. The pens worked a treat. I know this is not what you asked for in your post, but maybe it might make you feel a bit better.

 

[Bandita]

I assume you mean the clicky thnigs you have on gas stoves and ovens ?
From a tenants point of view, i demand them to be fixed because its a GAS OVEN.
Its DANGEROUS for me to be crawling inside the oven to light it, or even to use one of those long stemmed lighters.
Its unreasonable for the PM, or the LL, to expect me to not use the oven, or to risk my safety.

If the ignitor doesn't work, then, as far as i'm concerned the oven doesn't work, and thats grounds for emergency repairs under the ACT RTA. If the PM/LL won't come to the game, then i'll get it fixed myself.

We must be tolerant tenants - the ignition starter on our oven and cooktop hasn't worked since we moved in - we put it on the inspection report and put in a request (7 months ago ) but property manager hasn't responded and we just bought one of those long lighter things and use it everyday

So far, our tolerance has resulted in good karma on our IP's - not a maintenance request yet

Cheers,
Jen

 

[dave99]

I had a look at the photos - but I can't see the damage? There are some very light scratches, but I can barely see them. Boat Boy, can you tell me exactly where the damage is in those photos?

Problem is, all timber floors will get some wear and tear over time. It's not fair to have the tenant pay for every single scratch. I know you love the floors - but you can just resand them when it's time to move in yourself.

- Dave99

 

[BoatBoy]

Hi dave99, they are before shot's and any damage has been done in a localised area and the PM is taking pick's today or tomorrow so i'll get to assess the damage shortly.

I just suspect that it could be bad or else the PM probably would'nt have mentioned it.

Problem is, all timber floors will get some wear and tear over time. It's not fair to have the tenant pay for every single scratch. I know you love the floors - but you can just resand them when it's time to move in yourself.

The last few tenants managed to stay there without leaving a mark


And yes , I agree , all timber floors get wear and tear over time, and we don't expect the tenant to pay for every single scratch.

But this is apparently heavy damage in one localised area, not general wear and tear.

Do you have the same thought when someone key's your car or hit's it with a shopping trolley, and you catch them doing it.

Do you say "Don't worry about it mate, I'll just sand and paint my nice shiny car again at my expense".

I would'nt have thought so.

We'll see the pic's and go from there.


BB