Property Manager says this is "wear and tear". What do you think?

[rodimus]

Hi guys,
I have a problem that needs your opinion.

We have a brand new apartment that was completed in 2013 March, and rented out around June 2013 until December 2014. The first tenant moved out.

Our property manager says this is classified as "wear and tear", and they have already refunded the full bond to the former tenants.

Do you agree? What would you do if you were me?

 

[Xenia IM]

Can't see pics well enough - what is it?
Especially first pic?

 

[Xenia IM]

Can you clean it off?

 

[Rixter]

Looks like wear & tear of the walls ....the first pic looks like residue stains from possible condiment bottles on the bottom of small panty behind bench top hotplates - is that correct?

 

[geoffw]

possible condiment bottles on the bottom of small panty behind bench top hotplates - is that correct?

I hope you mean pantry?

 

[Rixter]

I hope you mean pantry?

oops.yeah that too geoff

 

[rodimus]

Yes first pic is the overhead cabinets above the rangehood.\

Manager insists it's all wear and tear.

This property is less than 2 years old.

 

[Perp]

Seems like wear and tear to me. I suppose you could maybe get $50-100 (tops) for repainting those two areas. Is it worth the time and effort?

What do you propose?

If you think you could get any more - such as your cabinet replaced - you're dreamin'!

 

[skater]

Is that all that's wrong with the place?

Seriously, you will never get a PM to agree that this is anything other than wear & tear, so just get over it & don't sweat the small stuff. Pop a bit of paint on it if it concerns you.

 

[Ed Barton]

Some bleach will probably get rid of the stain the in the first pic. The light switch pic - I can't even see what's wrong.

 

[Xenia IM]

The tenant probably could have been held responsible and asked to make good - patch painting etc.
If they had refused it would be very hard to challenge this using tenancy legislation.

Some tenants are just happy to reverse damages - always worth the question.
I do understand your concern since it's a new property.

A maintenance person can fix that in an hour and I would suggest getting it all fixed so that it is not written in the ingoing report for next tenant.

 

[Lil Skater]

Yeah, pics are hard to make out.

If that first pic is just dirty then the tenant should've cleaned, the walls can't see very well - but if it's all around the light switches it will probably be in the wear and tear pile.

Also, it's now 2 months since the tenants left and their bond is already released. Can't do much about it now, and there's no point trying to claim compensation on that without the bond. It will only be a couple of hundred, if that - not enough to enlist a debt collector for.

Chalk it up to experience for now, and also request your pm doesn't release bond without your consent in future. What I do is email/call my client and give them my feedback (some join me) and if there are any issues I will send them photos with my suggestions.

 

[BayView]

The paint scuffs around the lights is pretty normal - especially if there are kids around (I have 3 kids ranging from 13 down to 3 years old, and a 4 year old house).

I've had these "wear and tear" issues with PM's a few times.. giving the tenant the benefit of the doubt is basically what they do - shortest path to least resistance.

I sacked one PM over a cracked shower screen which was classed as "wear and tear". Cracked due to hot and cold air temp changes...bad luck, basically. (there were a couple of other very dubious items too; a broken oven handle for example. "Broken" is not wear and tear in my book).

Now; I don't know about any of you guys, but I'm 54 and have lived in many, many different dwellings so far in my life, and have never seen a cracked shower screen due to changes in air temperature - only due to humans..

Hence; my next IP will a commercial property, or a development that gets sold off.

 

[WASP]

I always think , is it repair or replacement?

 

[thatbum]

I always think , is it repair or replacement?

As a test for whether something is fair wear or tear? That's not correct.

The legal standard is whether the tenant intentionally or negligently caused the damage. If not, then it almost certainly falls on the owner to fix.

 

[Kym Ryan]

Wear and tear is such a grey area. The photos aren't very clear but I tend to find that informing the landlord of any items that weren't at the property previously whether they be classed as wear and tear or not are best brought to the landlords attention prior to the bond being refunded. Landlords appreciate being given the opportunity to inspect the home whether they choose to inspect or not. If the tenant doesn't agree to clean/ repairs the owner can then decide whether to take the matter further with vcat or not pursue it. Often this decision is weighed up against the likely application costs and agent costs etc. Communicating these procedures with your landlord prior to the bond being refunded demonstrates that the agent is working for the landlord.

 

[robboat]

The overhead cupboard looks like poor storage & end of lease cleaning.
Should clean up better with a little Jiff and scourer....if it is a problem then cover the cabinet base with white contact.
The wall looks like the tenant has watches or bangles on their wrist when they reached around to turn on the light switch on entry....hence the scratches.

All wear and tear......

Fix the issues before you lease again.....get thin plastic base covers cut for your cabinets - saves rust marks and stains.
Look at the entry door lighting to see if it can be improved or get a small colour matched wear pad around the switch....or clear stick on plastic.

Or just paint it again....

I try to overcome the tenant "wear & tear" as best I can but in the end you have to just accept some damage and fix it between each lease.

My 2c.....
Good luck

 

[redwing]

As a test for whether something is fair wear or tear? That's not correct.

The legal standard is whether the tenant intentionally or negligently caused the damage. If not, then it almost certainly falls on the owner to fix.

How hard is it to prove intent Thatbum, most issues could be argued to be 'accidental'.

 

[thatbum]

How hard is it to prove intent Thatbum, most issues could be argued to be 'accidental'.

Like in all sorts of factual disputes, its hard to prove anything if you weren't there for it.

Usually I find there isn't much factual dispute anyway - its usually a question of law.

The correct questions to ask are:

- Did the tenant do something they shouldn't have, which caused the damage?

- Did the tenant fail to do something they should have, which caused the damage?

Legally, whether or not something is a 'accidental' doesn't mean anything either way.

Too many landlords assume that the level of damage is somehow linked to liability, or even worse, that all damage caused during a tenancy is the liability of the tenant.

 

[property_girl]

Rodimus, in the scheme of things those issues are not bad. It's pointless discussing whether it's fair wear and tear when the bond money has been refunded. imho, it is fair wear and tear. Scrub with some Jif and repaint around the switch. If that were as bad as damage got in rental properties, life would be easy.