"Spontaneous" crack in v.expensive granite benchtop - tenant liable?

[milodavies]

On latest property inspection, the tenant showed me a large crack in the granite benchtop in the kitchen. The kitchen was installed only 18 months ago. The tenant claims it "just cracked spontaneously with a loud bang". It will probably cost over $3000 to replace.

Their explanation doesn't sound very plausable to me, but there is no way I can prove otherwise. Would the tenant be liable to replace this? ...they are an embassy so certainly have the money to do so.

Any suggestions on how to handle this?

[xris]

Can the tenant prove that they did not cause the damage, not can you prove that they did?

xris

[milodavies]

No, I don't think they could prove that they didn't cause it. Are you saying that from a legal position, the onus is on them to prove that they didn't cause the damage and that if they can't, they will have to pay?

[xris]

No, I don't think they could prove that they didn't cause it. Are you saying that from a legal position, the onus is on them to prove that they didn't cause the damage and that if they can't, they will have to pay?

Basicall, yes.

xris

[spurner]

Have you tried locating an en expert about it?

They could probably tell you if a spontaneous crack is something which could occur in these benchtops. If they had a look at it, they may be able to tell you if it was created naturally, or if there is anything to indicate that force was used on the area.

I wouldn't take the $3k hit without at least trying to recover the money through the TT.

[GJB68]

Have you tried locating an en expert about it?

They could probably tell you if a spontaneous crack is something which could occur in these benchtops. If they had a look at it, they may be able to tell you if it was created naturally, or if there is anything to indicate that force was used on the area.

I wouldn't take the $3k hit without at least trying to recover the money through the TT.

Hey there,

have a look at this website:

http://www.findstone.com/awnov04.htm

It has a few questions and answers re:granite, interesting comment from one of the experts saying that most cracks are caused by faulty installation. This could be the reason in your case, but I agree with spurner, get an experts opinion and even let the insurance company know.

I could understand a cracked tile but it would have taken something very serious to crack granite, the reason we put these in is for peace of mind, last forever etc..

Let us know how it pans out

Glenn

[Traff]

I would get the granite company to come back and give you an opinion as to how the crack appeared. Has anybody stood on top of the benchtop to clean the ceiling or something? My husband used to work in kitchens and on a number of occasions when i've been painting ceilings etc he's told me to be careful of standing on top of granite work tops.

The tenant is never going to own up if they have done it, why would they, and how can they prove that they didn't do it. Ask an expert, see what they say and then discuss it with the tenant.
You may have to get the job fixed on your insurance and then go through the TT to get the money from the tenant.

What are your tenants like? are they new tenants? or have they been with you for a while?

Good luck let us know how it goes

[milodavies]

Thank you all very much for your suggestions. I'll post an update when resolved (hopefully favourable).

[whitt]

I agree might be time to do an insurance claim.

[spurner]

2. When a granite cracks it's almost always a consequence of a faulty installation.Unfortunately, from a distance, that's all I can tell you. Maurizio, Expert Panelist

Maybe you should get an independent person to check it out, rather than the company/person who installed it...

[sheree99]

You need to have

a qualified person check it out to see what they think cause the crack. The manufacturer may be able to recommend someone, that is assuming the manufacturer is sep from the installer. I would also advise you had your insurance company involved as well as it maybe a claim. If you tried to charge your tenant you would need to have expert advise/proof that it was the tenant that caused the crack through misuse/negligence etc. I think that if it cracked through them standing on it to say change a light bulb etc an adjudicator may also not find in your favour as you have not specifically told them not to stand on it and the average person would assume that granite was strong enough to stand on.

[cube]

verage person would assume that granite was strong enough to stand on

I certainly would.

However, I would also suspect that the tensions in a granite benchtop, and the probability of natural weaknesses, would make correct installation vital.

The description by the tenant of a load crack would be consistent with a catastrophic failure - if they had done it, I'd expect more of a 'it just appeared one morning' explanation!

My suggestion would be to get an independent installer to check it out (note that the manufacturer my claim that incorrect installation voids any warranty). Do granite benchtops come with a warranty?

cube

[spurner]

Any update as to what caused the crack? Or who paid?!