Negligent agent and tenant


today I was told by my agent that they went to tribunal court to get the bond and compensation back for repairs. We managed to get just about $600 back because the carpet is filty and smelly (because of tenant's pets), water damage to kitchen cupboard.

But the court didnt allow for the tenant to compensate the 2 broken windows in the 2 bedrooms. According to the agent, now she says according to the inspection report before this tenant moved in, the windows were ALREADY broken. BUT, I was never given a copy of the conditions report, and neither did she say the windows were broken before this tenant moved in. In fact this agent were so sure I could get the windows compensated by the tenant because "they broke it, they should pay for it". Now they tell me "it was broken before they moved in". It seems like this agent doesnt do her homework before going to tribunal?

Also, Im trying to claim the broken windows as malicious damage via the insurance company, and this agent (I have been using this agent and insurer for the past 3 tenants over 6 years). I was never told about the broken windows by the agent. Now I ask her "so when was the window broken?", she can't tell me. When I bought the property, the windows were fine. That means, maybe the 1st or 2nd tenant broke the 2 windows, but the agent did not ask them to compensate nor inform me about it. (Im not sure if insurance will compensate for something that happened a few years ago? not even sure WHEN it happened)

is there something I can do to this agent? Can I ask for them to compensate me for doing a dodgy job?
If your property is in Qld - read

Only you know what the agents did and did not do - then raise these points with the Principal.

From what you say - you do have a point. And best practice would indicate that the agency should reimburse you for the repair if they let go of previous tenants who broke it.

Malicious damage is not esy to claim with insurers - read your policy first and get quotes. Sometimes, excess is more than actual repair cost.

All the best.
You may be able to claim the windows though building insurance.

If you did not get a copy of the ingoing inspection report - ask them to provide you with a copy now - that way you can see if it was listed and if any their were/are any other problems with the property.
I requested for the ingoing conditions report. The agent sent to me today. It says both windows were already cracked when the previous tenant moved in.

So that means, the PM let the old tenant get away with breaking the windows.................

I was told by the insurance company today that for each window, i have to pay excess $100 each... I got an estimate to fix each window about $130, so that means the insurance company only pays $30 each..

Do you think i can get the PM to pay the $100 for each broken window?
I would be forgetting the insurance and hitting the REA up for the $130 each window.

If you go down the insurance path it could increase your premiums. Not worth it for such a small amount.


May I know is it reasonable for CGU to charge me $100 excess for each broken window? Why for each window and not take it as $100 excess for both windows?

May I know if there are any other insurer who charges lower excess?
May I know is it reasonable for CGU to charge me $100 excess for each broken window? Why for each window and not take it as $100 excess for both windows?

Probably because they are treating it as 2 different events that happened at 2 different times. Unlikely that they both got broken as a result of the same incident. Each different incident is an insurable event - therefore an excess is required for each event.
Negligence and claims issues

Hi Georges, I am experiencing a similar situation of negligent agent/tenant combination.
My agent has not recovered any monies from bonds in spite of extensive damages through various tenancies, its a mess.
I had to put in insurance claims for some items, and yes, the $100 excess applies to each event. I was not given any information about how the breakages occurred, and all attempts to get this information from the agent met with silence. I asked the agent principal what info is needed to make an insurance claim (testing him for sincerity) and he was unable/unwilling to answer. The condition reports are inadequate and an easy way to try to avoid responsibility. My tenants never had reported any damages and the agents were the same.
Its a long hard road, and most agencies I contact ask it is worth it to take the agent to the tribunal commerical division? It seems most people give up and let them get away with it, and consequently, this negligence can become part of real estate culture. I find it insupportable, and am up for 1000's in repairs that are not wear and tear items.
If you want to go for the agents, you can claim for damages and costs for negligence in the commercial division and you can also make a complaint to Fair Trading about the agent, both actions can be undertaken, together or one after the other. There seems to be less support for owners, maybe we are all raging capitalists!! I have even put an ad in the local rag for owners to contact each other for support to share info on redressing negligence. And there is a web site called not good enough where you can put up some posts about poor services, but you should check out any legal hazards first.
I will be claiming the insurance excesses from the agent.
I am acting mostly on principle, because having been a tenant myself, I could never imagine getting away with the state of affairs my property endured.
Good luck, Woll.

how do you convince the agent to pay the excess?

Did you threaten them, or just write a nice friendly legal letter? Did they agree straightaway or took a bit of ping pong games of who is at fault?