Should current tenant responsible for damage from previous tenant...?

[Superstitionist]

Hi,

IP start off with tenant A and tenant B on the lease agreement, during the tenancy, tenant A broke the shower screen, they agreement they would fix it before they move out or we can take the cost out off their bond.

Lease expired, tenant A moved on but tenant B stayed, and bond transferred to tenant B, damage was mentioned, tenant B agreed to hold accountable for the damage, and again, agree to fix it before move out or take out from the bond.

Tenant C moved in to stay with tenent B, CHANGE PM (different story) and new PM has notified regarding the damage, after 1 year, tenant B moved on, and bond transferred to tenant C, now according to my current PM, tenant C still hold responsible for the damage, as the bond is "TRANSFER" and is not "REFUND", so it is still the original bond, therefore we still can either ask this tenant C to fix it or take out from the bond.

I didn't know enough regarding the bond, but to me, tenant C has nothing to do with the damage, and has never agreed to take responsible for it, so does my PM correct regarding the tenant's responsibility...?

Super.

 

[Goofy]

it really depends on how each tenancy transfer was completed.

In theory, when there is a transfer of tenancy then tenant B agrees to assume all responsibilty for the property and its condition as per the original condition report and all ingoing and outgoing tenants should be siging a tenancy transfer form which basically states that they are agreeing to assume the condition of the property.

whenever i am transferring tenants i always advise them that i will be transferring the lease/bond in name only and that the new tenants are liable for any damamge that may have been caused during the tenancy, that they need to work it out amoungst themselves if any damamge has been caused by tenant A and deduct the costs from them appropriately.

However if the matter was to go to VCAT and the correct tenancy transfer forms had not been completed then you might find that VCAT would side in favour of the final tenant as they were not the original signatories on the condition report and no documentation in place to prove that the property wasnt like that when they move in

 

[Sez]

Tis a tricky one.
Technically as tenant C took over the already existing lease agreement they also took on the original condition report, therefore, any issues arising at end of tenancy. This can be successfully argued in VCAT and I have done so in the past... can also fail.
A lot will depend on things such as original condition and age of shower screen prior to damage. Due to your change in PM I have to ask if the condition report AND photos were transferred over to your new PM? Sometimes PM's do the wrong thing (shock, horror! Say it ain't so) and out of spite for losing a property they don't provide everything requested at the time of transfer.

So yes, technically your PM is correct in that tenant C should pay for the damage due to the transfer of responsibility when they decided to stay on in the property.

Don't do anything to loose sleep though. At the end of the day the choice is yours. You can decide just to repair it yourself or go for it (my vote) and at least get partial payment from tenant C's bond.

 

[Sez]

PS - Not trying to echo Goofy, he was typing at the same time as me!!

 

[Goofy]

he was typing

lol 'he' is a she

 

[Sez]

Oh my gosh! So sorry!!! My Son watches micky mouse shows on Disney Junior with Goofy in it and ..... *sigh* I AM SO SORRY!!

 

[Bargain Hunter]

Super,

If something has been damaged and there was a cost to fix then I would charge the tenant straight up no BS about claiming it from the bond. They could owe rent at the end of the tenancy or cause other damage that the bond won't cover. Why should you be out of pocket for the repair in the meantime?

Regards

Andrew

 

[Token Funder]

Why not lodge an insurance claim and be done with it?

Seems a lot of trouble for something that happens to most IPs at some stage

 

[Dazz]

Why not lodge an insurance claim and be done with it?

Probably because the excess charged by the insurance company is more than the cost of the repair....the very reason insurance companies charges excesses....to knock all those smaller claims out.

I agree with Bargain Hunter.

 

[Token Funder]

Probably because the excess charged by the insurance company is more than the cost of the repair....the very reason insurance companies charges excesses....to knock all those smaller claims out.

I agree with Bargain Hunter.

So all this time and effort is about a couple of hundred bucks?

I suspectthe OP has invested that much in his/her own time already....

 

[Dazz]

So all this time and effort is about a couple of hundred bucks?

Exactly - it's the way of the world nowadays. People would rather moan and complain about something 'til the cows come home rather than get on with life and just fix it.

A cracked shower screen....my softy Dad bought one for $ 80 and fitted it himself rather than take it from the Tenant's Bond. Of course, he was so soft that he didn't pick up the crack on the final inspection and was so keen to just give the full bond back.

His vision was clouded I suppose by the fact he'd been living in accomodation as an adult for over 50 years and had never cracked a shower screen, so doesn't automatically look for it. I must admit, I've been living in accomodation now as an adult for nearly 25 years and I've never cracked a shower screen either....nor had holes accidently punched in doors, nor ever had door handles 'suddenly' come off.

What these people get up to behind closed doors (the ones that close propely and don't have holes punched in them) is beyond me.

I suspect the OP has invested that much in his/her own time already....

I'm sure you are right....but many people nowadays will call 4 times, leave 3 separate messages and write a 3 page detailed letter and wait weeks to have something fixed that costs $ 4.69 at the hardware store and 20 minutes of effort.

 

[handyandy]

His vision was clouded I suppose by the fact he'd been living in accomodation as an adult for over 50 years and had never cracked a shower screen, so doesn't automatically look for it. I must admit, I've been living in accomodation now as an adult for nearly 25 years and I've never cracked a shower screen either....nor had holes accidently punched in doors, nor ever had door handles 'suddenly' come off.

What these people get up to behind closed doors (the ones that close propely and don't have holes punched in them) is beyond me.



I'm sure you are right....but many people nowadays will call 4 times, leave 3 separate messages and write a 3 page detailed letter and wait weeks to have something fixed that costs $ 4.69 at the hardware store and 20 minutes of effort.

Couldn't agree more with the sheer time and effort some people put into things that can be resolved immediately with very little effort.

Your comment re never having broken shower screen is so true but I am now faced with a new 'never before'. One of the stems that hold the stove knobs has snapped of.

We are currently getting unit ready for new tenant. As always whilst at the block other tenants wander along with their issues. So supposedly whilst the tenant was cleaning stove the stem that holds the knob has broken. What the. We have popped many knobs over our time cleaning stoves and never ever broken one. This tenant has all of 5 knobs, most probably has never touched them before and he breaks one

If it can be broken a tenant will break it.

Cheers

 

[Dazz]

Good to hear some real world stuff Andy. How's life travelling for your operations ?? Bought any more big blocks of flats ??

 

[Superstitionist]

If something has been damaged and there was a cost to fix then I would charge the tenant straight up no BS about claiming it from the bond. They could owe rent at the end of the tenancy or cause other damage that the bond won't cover. Why should you be out of pocket for the repair in the meantime?

Nah, I didn't out of pocket, it is only some cracks on the shower screen, and as Dazz has mentioned, it is only a small cost to fix it, so if the tenant can live with it, I definitely can live with it...

Just because my old PM has recorded it on file, so the incident always come up from time to time.

In fact, I am more interest to know if the current tenant needs to hold accountable for previous tenant damage, but based on the responses from Goofy and Sez, it all depends...

Thanks all for your input.

Super.