Xenia!! :) - Hole in wall - tenant refuses to pay

[DavidMc]

Hey guys,

I've had a tenant live in a property for 2 years.

On move out day my PM discovers a small hole in the wall in the laundry. Quote to fix is $120.

The tenant refuses to pay as they claim that it was done by a handyman about two weeks after they moved in.

I've insisted they pay, they're insisting they didn't do it. We're at a stalemate and next option is VCAT.

Their argument is 'I didn't do it'.

My argument is that damage occurred whilst they my property was under their responsibility AND they did not notify me at the time of this happening so now I can't chase any 'handyman'.

Note - the handyman was my brother who swears he didn't do it (and he'd definitely tell me if he did).

What would you guys do? I'm a little sick of just copping these things on the chin, but obviously I don't want to sweat the small stuff.

Would VCAT be in my favour? Probably not right? Xenia?!


David.

 

[battler]

Buy your brother a slab, get him to patch it, paint it, and then re rent it.

 

[buzzlightyear]

I had a similar issue recently with vacating tenants (broken light fitting and cracked toilet seat). Went to the tribunal and won - the total cost was around $500 for memory. The tenants even showed up to the hearing.

The previous 6 monthly inspection report had no mention of any damage. The nature of the damage was not wear and tear and was not reported at any time.

What is the cost of your PM going to the tribunal? May not be worth it,given the relatively small amount ($120)

 

[DavidMc]

$88........

 

[Propertunity]

Not worth it financially, but I'd do it for the principle of the thing.
Also this should have turned up on the PMs 6 monthly or 12 monthly inspections - the fact that it hasn't means you'll win.

 

[DavidMc]

Sure it's a 'small amount', but I could take my family out to dinner or something for that amount of money.

 

[battler]

I think you would need to ascertain that any VCAT action didn't increase any vacancy time as this will cost you more.

 

[DavidMc]

New tenant has already moved in.

 

[Xenia]

Hi David,

If you have a condition report to say that the hole was not there originally and take the handyman with you to a tribunal they would be very likely to rule in your favour and the onus would be on the tenant to prove otherwise.

Evidence always sways the odds in your favour. I would definately be taking it to a hearing no matter how small, it is a business descision.

hope this helps and all the best xx

 

[csc]

Hey guys,

I've had a tenant live in a property for 2 years.

On move out day my PM discovers a small hole in the wall in the laundry. Quote to fix is $120.


David.

id be up in arms to if i was the "tenant".....$120 bucks to fix is ridiculous..thats a damm rip off...a 15 minute job to fix and less than $2.00 for filler...........just fix it yourself dont charge the tenant and move on for goodness sake........

this is so minor! is it worth the squabble..really?

no other complaints more significant? if they paid on time and this small hole is the worst you can see, just move on.....

sounds like you had a pretty good tenant to me...

id hate to see you actually get a bad tenant.......

go buy the filler claim it as a deduction and fix it........no stress involved!

 

[steveadl]

David, it sucks, it's their fault, it' $120, it's not worth it.

 

[shuggy]

Don't sweat the small stuff

 

[csc]

Hi David,


Evidence always sways the odds in your favour. I would definately be taking it to a hearing no matter how small, it is a business descision.

Rubbish! sometimes you have to get off the landlord mentality bandwagon and think smart............this person is obviously stressing about it when its not warranted.....imagine the drama if they go through a hearing..next they will be calling for councilling or something!.............honestly, sometimes in business just use the KISS principle...Keep It Simple Stupid.......its so bloody monor!

with threads like stressing about a small hole i often wonder how some investors can sleep at night worrying about things like this...........there are banks they can use to put money in..on occasions i feel investors should use them rather than get themselves stressed about small issues of maintenance when they invest in bricks and mortar..............

 

[DavidMc]

If you haven't realised that's what it costs to send someone out and fix that stuff. You have to pay around $80-100 just to get someone to show up before they even do anything.

I don't have the skill or time required to fix something like this.

If you were in Melbourne and I offered you $50 would you drive out and fix it for me?

 

[DavidMc]

If it's minor why don't you post me a cheque for it?

Money is money, $120 is a days take home pay for my girlfriend. A days pay = minor? I should just 'cop it'? Like I have SO many other things (like when this tenants child broke a light switch - $5 for light switch, $100 for elec safety cert).

 

[battler]

If you have a condition report to say that the hole was not there originally and take the handyman with you to a tribunal

And pay his wages for his time spent there any one asked the removalists? not that they would admit it.

 

[craigb]

they are on the way out, so!!, when they have vacated the premises, get it repaired, take it from the bond, and if they choose to continue the argument say i will see you at the tribunal, if they win , (not likely) then return the $120

 

[RightValue]

, $120 is a days take home pay for my girlfriend.

get a better paid girlfriend ... then this will be as inconsequential as it should be.

When you win $120 do you also get your $88 back?

if not you will spend money to travel there, park, wait, prepare for the hearing ..at least 3 hours all up all to make $32 ... That is a lower pay rate then your girlfriend

all up the repair cost to you will be at least $88. If you value your time at $20 an hour then you will be out of pocket!

Just pay your girlfriend $60 to fix it and you will save 3 hours of your life and your girlfried will have a decent paid job for 3 hours.

I understand where you are comming from, but is $120 really worth the effort and the blood pressure?

be pragmatic, look at this as a business case.

cheers

RightValue

 

[battler]

If you were in Melbourne and I offered you $50 would you drive out and fix it for me?

Where abouts in Melbourne?

 

[Collector]

I would just get the thing fixed - surely your brother wont be charging you $120...

I would however delay the return of the bond, just don't sign it over - let the tenant chase it, let the tenant apply to the tribunal for its release - then the day before the hearing sign it over - this will put the tenant though the same level of stress as it has you and who knows the tenant may come to the party - may need the bond greater than you do.