Tenant at fault??

[caniry]

Hi, we have had a gradual leak at our rental property which is not covered by insurance.

The cause of the problem was a hole in the waste water pipe for the bathroom basin concealed by the vanity. On inspection of the property it is quite clear the problem has exisited for a long time - severely moldy vanity, plus a leaking tap. The tenant said the tap has been leaking for "ages" but never reported it to us. We only became aware of the problem at a routine property inspection, and after she put a foot through the damp wall. We accept the tenant couldn't have known about the leak behind the vanity, but think they have breached the tenany agreement for not notifying us of the damage to the vanity and the leaky tap.

Do you think we have a case for compensation - i.e. we think if they had reported the tap and vanity earlier the damage would not have been as extensive. Would be interested to hear if anyone else has been in a similar situation, our property managers are reluctant to back us up. Thanks

[eri]

you get 2 kinds of tenants

ones pickier than you - they let you know of ALL problems, small or big, most LL find them very difficult to please

ones less picky than you - they just soldier on with no complaints, most LL love them, but you do have to carry out detailed inspections because by the time they get around to telling you they've put their foot through the floor...

[Devious0]

Compensation from who - the tenant? Not likely.

Get it fixed and move on

[revdev]

Compensation from who - the tenant? Not likely.

Get it fixed and move on

+1, afraid so....

[caniry]

Thanks for your replies - it is being fixed at the moment.

The reason I ask is I know of tenants who were found liable of damages (leaking dishwasher which damaged kitchen cupboards) due to the fact they didn't notify the landlord as soon as it happened. The tenants had to pay compensation in this case. Wondering if this one-off or if we should bother seeking compensation through the tribunal.

[annaspanna]

compensation from the tenant for this?...... . How often were you inspecting the property pray tell?

[annaspanna]

Surely ou would have to be able to prove that they were responsible for the leak and consequential damage.

[ATandGT]

Caniry, I think you may have anargument against the tenant for not notifying you about the tap; "s40: d) notify the landlord, as soon as possible after discovery, of any damage to the premises, or of the need for any repairs". Had you been notified in a timely fashion, any competant plumber would have seen the leak. Its a long shot; but it only costs $20 to apply to Tribunal.

At the end of the day, one would hope this highlights the need for good relationships with tenants and making them fully aware of their responsibilities.

[Keys]

My oath. The tenant is liable for the consequential damage.

[annaspanna]

wow

thats amazing imagine all the stuff that could be pinned on tenants.

[whitt]

I wondered the same about property managers. Are they bound by same rules?

I know of one which takes there time or simply forgets to inform landlord of important maintenance issues.

[essence]

The property is damaged by a gradual leak -

1 the tenant notifies the LL. The LL therefore is required to fix the problem asap.
2 the tenant DOESN'T notify the LL and the problem becomes bigger. The original problem is not the tenants, not reporting it is (Section 40).

Yes, a LL can take the tenant to Tribunal re this. Each LL in each case has to weigh up the chances of getting the money back.

The LL has the following choices -

1 takes tenant to Tribunal. Wins case, damages awarded. Tenant gets racked off and gives notice - or does a runner.
2 doesn't take tenant to Tribunal and wears the cost. Tenant MAY stay for a long time - or they could move out tomorrow.
3 doesn't take tenant to Tribunal but applies to their LL insurance company. MAY get a pay out - or not.

It really depends on whether the particular LL believes they'll get any money out of the tenant at all.

Is it worth the hassle or not??

Good luck.

[ream]

The LL has the following choices -

1 .....
2 .....
3 doesn't take tenant to Tribunal but applies to their LL insurance company.

The insurance company denies claim as gradual damage. Surely none would pay out - would they?

[essence]

Having just gone through this (sorry can't find the post at this time of night!!) with a laundry flood that I wasn't notified about, Tan suggested I ring the insurance company and ask them if they'd consider my claim. They did and they did pay out!!

It really depends on the amount of damage, over what length of time (days, weeks, months?) where it is etc etc.

Ask your insurance company - you've got nothing to lose. Even if the call centre/"help" desk says they won't, insist on getting an assessor to have a look for you.

[caniry]

compensation from the tenant for this?...... . How often were you inspecting the property pray tell?

We have property managers looking after the property for us - they inspect every 3 months.