Hi All
What are your thought on our tenants vacating early and lodging a claim against us in the Magistrates court for $6500.
Tenants complained about a rusted pool fence about 12 months ago. We had quotes to fix/replace $2500-$4500. Maintenance during their 2 year tenancy was over $5k replacing a/c, automatic gate motors, pool pump etc. So forgive me if I had to draw the line somewhere and as it did not impede their use of pool I let it go. I met every other request.
2 months ago they had it inspected by local council who deemed it non-compliant. I realise then it was serious and has to be fixed. We had the pool emptied and got new quotes. I offered a $50 week reduction until fence is repaired and pool filled.
Tenants have now terminated lease early on the grounds of building issues and claiming the $50 week rent reduction for the 102 weeks they were "unable to use pool due to non-compliant fence". Also in dispute is new a pool pump that failed in less than 12 months. I tried to have it replaced under 3 yr warranty but company claimed that it had been let to run dry by tenants. I withheld replacement cost from bond.
Couple of facts.
Tenants signed a new 6 mth lease agreement back in Oct 2014 at a reduced rent due to some maintenance issues (only maintenance issue was the pool fence)
They knew the condition of the fence when signing the new lease
Last inspection photos show towels around the pool and the gate being permanently held open by a rope or something.
They used the pool the entire time up until it was emptied.
I offered rent reduction from the time pool was emptied.
They vacated 2 weeks early on the grounds of the non-compliant fence... council deemed the fence irrelevant because the pool is empty.
First and foremost I cant see they have any claim prior to existing lease. Secondly the fence does not impede use of pool as they claim.
I am claiming the two weeks rent and the replacement cost of pool pump.
What are your thought on our tenants vacating early and lodging a claim against us in the Magistrates court for $6500.
Tenants complained about a rusted pool fence about 12 months ago. We had quotes to fix/replace $2500-$4500. Maintenance during their 2 year tenancy was over $5k replacing a/c, automatic gate motors, pool pump etc. So forgive me if I had to draw the line somewhere and as it did not impede their use of pool I let it go. I met every other request.
2 months ago they had it inspected by local council who deemed it non-compliant. I realise then it was serious and has to be fixed. We had the pool emptied and got new quotes. I offered a $50 week reduction until fence is repaired and pool filled.
Tenants have now terminated lease early on the grounds of building issues and claiming the $50 week rent reduction for the 102 weeks they were "unable to use pool due to non-compliant fence". Also in dispute is new a pool pump that failed in less than 12 months. I tried to have it replaced under 3 yr warranty but company claimed that it had been let to run dry by tenants. I withheld replacement cost from bond.
Couple of facts.
Tenants signed a new 6 mth lease agreement back in Oct 2014 at a reduced rent due to some maintenance issues (only maintenance issue was the pool fence)
They knew the condition of the fence when signing the new lease
Last inspection photos show towels around the pool and the gate being permanently held open by a rope or something.
They used the pool the entire time up until it was emptied.
I offered rent reduction from the time pool was emptied.
They vacated 2 weeks early on the grounds of the non-compliant fence... council deemed the fence irrelevant because the pool is empty.
First and foremost I cant see they have any claim prior to existing lease. Secondly the fence does not impede use of pool as they claim.
I am claiming the two weeks rent and the replacement cost of pool pump.