PM's advice doesn't seem quite right?

[Mamaof3]

Hi its me again

So the same Tenants I posted about a few minutes ago (the ones that warned us they won't be vacating at the end of their lease term next week) has burnt our brand new kitchen benchtop.

PM asked me to get a quote for its repair. I contacted the kitchen company that built the kitchen and they advised that it will cost $1300 to replace the benchtop. I pass this quote onto our PM but the PM says she can only charge for the damaged spot not the entire benchtop. I confirmed with the kitchen manufacturers that you can't simply repair the burnt areas, the entire benchtop (its a tiny kitchen) needs replacing but she doesn't seem to think we're allowed to charge for that.

Anyone know? I've gone through the various fact sheets on the Tenancies website but not much help.

 

[thatbum]

If its brand new, then it should be okay to claim at first instance.

You would otherwise need to factor in some depreciation (new for old).

 

[Mamaof3]

Thats a good point, we're lucky its brand new but even if it were a couple of years old, if there's no way of repairing it surely it's not right to only be reimbursed x% of the cost to replace a new benchtop

 

[thatbum]

Thats a good point, we're lucky its brand new but even if it were a couple of years old, if there's no way of repairing it surely it's not right to only be reimbursed x% of the cost to replace a new benchtop

Why not? Otherwise you would be getting something new for old - which isn't exactly an accurate costing of the damage caused.

 

[Mamaof3]

I would understand depreciation being applied to it but what use is getting $200 for a $1400 benchtop ?

 

[saiman]

tenant is liable to repair any malicious damages they have caused during their tenancy that is not considered wear and tear - doesn't matter if its $200 or $2000

 

[The Y-man]

tenant is liable to repair any malicious damages they have caused during their tenancy that is not considered wear and tear - doesn't matter if its $200 or $2000

...or accidental for that matter.

The Y-man

 

[The Y-man]

I contacted the kitchen company that built the kitchen and they advised that it will cost $1300 to replace the benchtop. I pass this quote onto our PM but the PM says she can only charge for the damaged spot not the entire benchtop.

Get another quote. Harder to argue with 2 independant quotes.

The Y-man

 

[Mamaof3]

Get another quote. Harder to argue with 2 independant quotes.

The Y-man

Thats a good idea. Thanks Y-man i'll do just that tomorrow.

 

[thatbum]

I would understand depreciation being applied to it but what use is getting $200 for a $1400 benchtop ?

Do you understand? Why would it be $200 for a $1400 benchtop unless it was near the end of its useful life?

Do you mean $1200 out of a $1400 benchtop if its a few years old?

 

[Mamaof3]

The damage is the size of an apple for the burnt area so from what I understand the PM is trying to tell me is that I can only claim for the area that is damaged (i.e. the area equivalent to the diameter of an apple).

If the benchtop costs $1400 to replace, the area that is damaged would probably only represent <15% of the area of the entire bench so yes, I meant $200 not $1200.

 

[D.T.]

Do you understand? Why would it be $200 for a $1400 benchtop unless it was near the end of its useful life?

Do you mean $1200 out of a $1400 benchtop if its a few years old?

I think whatsl hes getting at is just 10% of the bench is damaged so this is all the tenant has to pay and he has to pay for the remainder. This isnt really fair given the item isnt repairable nor replaceable in sections. Tenant should be liable for the whole thing in this instance.

 

[Mamaof3]

I think whatsl hes getting at is just 10% of the bench is damaged so this is all the tenant has to pay and he has to pay for the remainder. This isnt really fair given the item isnt repairable nor replaceable in sections. Tenant should be liable for the whole thing in this instance.

Yes, thats what I mean

 

[thatbum]

Yes, thats what I mean

Ohhh. No I said that was fine.

 

[Mamaof3]

I was starting to think I was a bit dilusional there for a sec

 

[thatbum]

This thread is confusing as hell. Is everyone talking about different things?

To clarify, if the damage is indivisible, then its fine to take the "whole" cost to repair.

A separate issue from the divisibility of the damage, is whether or not you need to take into account the age and depreciated value of the damaged item into account (new for old effect). This doesn't apply in this case because its "brand new".

These are quantum issues, not liability issues - and so this is all assuming the tenant actually is liable (sometimes a dangerous assumption).

For example, the tenant isn't liable for accidental damage, they are liable for negligent damage - sometimes there is a difference.

 

[wylie]

If a tenant puts a burn mark from an iron into the carpet, I believe you will not have a hope of having the carpet replaced, but only repaired, if that.

Same with a bench top. Same if they scratch a polished timber floor. My parents had all these things happen, and the tenants were not liable to replace any of the things, via the tribunal. It sucks, but that is the way it is.

I guess you could replace it using insurance, but this seems to be a bit of a grey area with tenants.

 

[Doovalacky]

I think whatsl hes getting at is just 10% of the bench is damaged so this is all the tenant has to pay and he has to pay for the remainder. This isnt really fair given the item isnt repairable nor replaceable in sections. Tenant should be liable for the whole thing in this instance.

Might not be fair, but that does not count some days in front of the magistrate. I've had brand new carpets burnt with multiple cigarette butts beyond repair, despite no smoking inside in lease, and was awarded just a small percentage.
As for the bench top, one way I have got out of that in the past was a glass cutting board inserted into top. Of course it depends on where burn is.

 

[crest133]

Experts provide evidence of the cost to rectify the damage, place demands and or seek Tribunal orders to pay that amount.
Simple.
Cheers
good luck
crest133

 

[Lil Skater]

If it's brand new you may be able to claim the full cost. Ie. $1400.

After that though you need to take depreciation and area of the damage into account. Ie. 10% damaged, you can claim $140.

This is for Victoria, not sure what other states would be like though. Also getting the full cost on something brand new can be hit or miss at VCAT (as with everything!)