PM want us to pay for flooring polish

[tul1]

Hi all

After 2 years of lease we moved from the property.
Left the property in mint condition .
Only - the PM want us to pay for wooden floor polish. She said my heels damaged the floor.
We think we made reasonable use of the floor

The PM got one quote for 1500 and asking us to pay 600.


Notes
- PM has never mentioned to us in any of the inspections there is a problem.
- Nothing in the contract say "do not walk with shoes in the house etc.
- I wear very mild heals, not sharp.
- to observe the alleged damage you need to look at the floor in particular angel and lighting.
- photos we took, similar to what we have in the initial condition report show almost same condition of the floor as at the time we entred in.


we regard the alleged damage as an ordinary wear and tear which does not require any repairs.

Any tips?
Does anyone have any experience with this kind of cases in VCAt - are they usually in favour of the landlord?
Does the PM need to get some more quotes - we really think it's over the top. It's tiny 2 BRM house and the wooden floor only in the kitchen and lounge.

Thanks

 

[clockwork]

Hey,

Couldnt comment on whether the wear was reasonable without a picture.

However, have you considered getting your own quote?

Cheers
Claudio

 

[wylie]

All our places have polished floors. They all get scratched and marked by furniture (and shoes).

Unless the damage was really major, we would never ask a tenant to pay for part of a fresh sand.

Assuming the condition you describe is true, then I would refuse to pay anything, and if they take you to tribunal, use your photos to prove the condition on entry and exit.

Then it is up to an independent person to make a decision.

I would not just pay up because they want a freshly sanded floor.

 

[Propertunity]

we regard the alleged damage as an ordinary wear and tear which does not require any repairs.

I think you are probably right - fair wear & tear - and the fact that they are only asking for $600 contribution from you for a $1,500 total cost would indicate to me that this is just a 'try-on'.

 

[rugrat]

yep. sounds like fair wear and tear. Tell them that you disagree with their assessment and if they wish to dispute it you will see them at tribunnal.

 

[Aaron Sice]

as much as i hate the free ride that resi tenants get - it's like being asked to replace the carpet - which isn't normally part of a lease unless agreed otherwise or excessive damage has occurred.

sorry, i think the PM is being really cheeky and tell them to see you in the triubunal.

 

[marg4000]

After 2 years you are entitled to fair wear and tear.

Unless the floor was badly scratched by dragging furniture across it, I would claim the full bond back and go to the tribunal.

Our PM has told us that even if our tenants mark the walls and our IP needs repainting, as they have been there several years the tribunal would rule against us, unless it was deliberate damage.
Marg

 

[skater]

If all is as you say it is, then this is wear & tear. I have polished floors too in rental properties and they do get marks all the time. We also have a soft wood, so get dents in the wood as well as scratches.

 

[Peterw]

Guys, any one with polished floors, needs to ensure that there leases have conditions that reflect how you want people to live there. Ie, pads under all furniture legs etc, and no heels that will leave marks. Why do I say that? Every time you sand a floor prior to polishing, you remove a mm or so off the thickness of the boards. After a certain number of "sands", the boards are now undersized, and will need to be replaced. What do you think that cost will be. At best have hard wood floors, and dont necessarily get them sandedeach time. Some times just a newcoat or 2 will do. With soft wood floors, carpet them. Replacing carpet every 10 years or so, it is cheaper than reflooring.
Asfar as the OP is concerned, what does the lease say. If it is silent, then it is up to you as to whether you challenge the "charge", however please be conscious, even your slight impressions in the floor, have shortened the life of the floor.

 

[marg4000]

I doubt you can enforce too many conditions on how people treat the floor. Pads on furniture yes, but anything else may be considered unfair. I would doubt you could stipulate that people take off shoes indoors - it is their house while they are renting. Accidents happen.

Some wear and tear is inevitable, and should be expected.
Marg

 

[Peterw]

Marg, yes wear and tear is acceptable, accidents are not. Placing a hot pan on a kitchen bench, is as "not allowed" as is wearing shoes that will damage the floor. Yes, both are considered reasonable conditions of a tenancy. Tenants in Qld, must sight a tenancy agreement before completing an application. As I mentioned, the thickness of the floor boards, is a finite item, and to some people, so is the amount of money they have to attend to maintenance.Please forgive me if my comments sound harsh, however I have been alongside a landlord doing an inspection and seeing what "lack of attention" has done to their floors, while they peruse the repair quotes.

 

[KateMelb]

Guys, any one with polished floors, needs to ensure that there leases have conditions that reflect how you want people to live there. Ie, pads under all furniture legs etc, and no heels that will leave marks. Why do I say that? Every time you sand a floor prior to polishing, you remove a mm or so off the thickness of the boards. After a certain number of "sands", the boards are now undersized, and will need to be replaced. What do you think that cost will be. At best have hard wood floors, and dont necessarily get them sandedeach time. Some times just a newcoat or 2 will do. With soft wood floors, carpet them. Replacing carpet every 10 years or so, it is cheaper than reflooring.
Asfar as the OP is concerned, what does the lease say. If it is silent, then it is up to you as to whether you challenge the "charge", however please be conscious, even your slight impressions in the floor, have shortened the life of the floor.

Interesting food for thought Peter. I guess it comes down to what is reasonable in the Tribunal's eyes. Is it reasonable to stop people wearing shoes with heels in an IP with wooden floors? Probably not. People are entitled to quiet enjoyment and reasonable use of the property.

When an excellent long-term tenant left our IP with wooden floors, the boards in the entrance hallway and in one bedroom were noticeably worn. It also appeared that something had been spilled on the bedroom floor and stained it. However, taking into account the tenant's excellent conduct throughout their time with us and the fact they left the property in an otherwise impressive condition (including the front and rear gardens), we decided to bear the cost of sanding back and repolishing those floor areas. We also worked out that we could use the tax deduction that year.

At the first inspection of the new tenants, we noticed that they had placed carpets everywhere, including runners in the hallways. This is a fantastic way to preserve the boards underneath.

 

[tess85]

Interesting that they only asked for $600 out of the $1500 cost. I mean, how did they justify the $600 figure or the percentage of the $1500 cost? It seems a bit random (ie. either you would have to pay the full amount or maybe split it 50:50) Sounds like they just want to see how much they can get out of you...

 

[tul1]

Thanks for all your replies.
Just to let you know that our answer to the PM was "No" and we will see her in the Tribunal in 2 weeks time.
Cheers
Sam

 

[neK]

Keep us posted on what happens!

I think most of the people on this forum who own investment properties are on your side. Its wear and tear, its not fair to make the tenant pay for it.... unless theres a massive scratch that looked it would require excessive force to create.

But seriously, get you to pay for re-polishing because you wore heels? What BS!

 

[chrispy]

I had new soft cushsion vinyl laid in an IP. This was on a concrete slab, so had the cushion vinyl laid for comfort and warmth.

The new tenant wore spikey heels and has gone through it everywhere. Its absolutely ruined. I believe that once she saw her heels were going through it she should have removed them.

Agent has called it wear and tear...one year and over $3k vinyl....sorry but I believe the removal of shoes in this instance is warranted.

Chris

 

[Peterw]

Forgive me, but is a fair test?, would they do this in their property, or would a tribunal member accept this in their rental property .....I just slapped my self to wake up. Good luck

 

[lizzie]

i had to replace $7000 of brand new carpet after 12 months in an ip due to the tenants ruining the entire lot thru very poor housekeeping.

tribunal ruled they had to pay for the rooms that were obviously the worst stained (spilt coloured liquor or vomit stains etc), which came to around 1/4 of the price. i had to pay the rest - but to have replaced only the worst stained rooms and not the rest of the stained carpet would have looked even worse in, what was, an expensive ip.

so for your situation, i think the tribunal would rule that you had to pay nothing (normal wear and tear). timber floors wear easily - some people pay lots of money to get that distressed look - it's just a fact of life.

 

[marg4000]

It may be worth considering covering wooden floors in an IP with carpet if they are damaged so easily by everyday living.
Marg

 

[Peterw]

Sorry guys, I feel you may have missed part of my observations. Thereis a big difference between hard wood floors and soft wood. Both have a limited number of sandings that they can take, and the the boards are considered under sized, and you have to refloor. The floorboards either run under the walls or up to them either way, it will be expensive. I know regular carpet replacement is not cheap, however I am asking youto look long term. I am also saddened by the number of people that "accept" things. Please question. Sadly, everyone has to start some where, and if you have a "new" PM, question them, and ask them to look further. oops rampling, I will go now..goodluck with the tribunal.