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To TT or not to TT

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  • To TT or not to TT

    Been away for a bit having a baby but need some advice got a report from the PM (who never did any further inquiry into damage) piece of spouting fell off in down pour brother got up there to check it out and the soffits damaged - something has hit the side of the house knocked off tiles etc.

    Insurance involved large excess.

    Tenant sticking with no idea what happened.

    Access is cul-de-sac, entrance way is shared with one other house off the street for about 50m, then private for about 20m on the property which has a parking area and then climbs to a garage (was this point damage occurred) not somewhere you would accidently drive.

    PM said suck it up but ex property manager (who has gone out on their own) reckons worth taking to TT and as part of our management agreement TT application is covered.

  • #2

    Unless you can prove the tenant did it, I think you might fail at the TT.

    Why do you have a large insurance excess? Do you have an estimate on repairs? And if so, how big is the excess in relation to this?

    Hope all is well with you and the baby
    Squadly dinky do!


    • #3
      Would it have happened if the tenant was not there?

      In the answer lies the course of action you should take.

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      • #4
        I don't see any reason why a large vehicle would have been up the drive, tenant had had firewood delivered but claims it was a flat deck truck.

        Excess is $900 my def of large but maybe not others rather expensive when you are on unpaid maternity leave.


        • #5
          Can you find out which firewood company it was? And go round there and see if they have any flat deck trucks? By the way, not sure how you use a flat deck truck to deliver firewood unless you give it sides.

          Do you have an estimate on the repair cost?

          $900 is a lot to fork out.

          I guess you have nothing to lose but time and a little bit of money in going to the TT...

          BTW the excess on my little 'commercial' building (3 apartments, 1 shop, 1 office) is $10k.

          The insurance companies just don't want to be paying out for every little thing.
          Squadly dinky do!


          • #6
            Yeah, I'd be surprised if a commercial firewood supplier used a flat bed. It's more efficient for them to use a tilt-bed or crane it in (in a bag). A flat bed has to be unloaded by hand....much more work.
            My blog. From personal experience.


            • #7
              The TT will determine that it is accidental damage by the tenant, and decide that precedent has been set that this is not part of tenant liability.

              You may succeed in recovering your excess, but I suspect with it set that high they may also determine that it is unreasonably high and only give you part of it.


              • #8
                If the tenant is denying all knowledge then the TT is just as likely to find that they're not at fault at all. It all depends on mood of the adjudicator, what he had for breakfast, the attitude of his previous hearing and weather or not he got lucky lastnight.

                As Keys said "would it have happened if the tenant wasn't there?" Could the neighbor have had a truck up your drive to drop something over the fence or any one of a hundred other scenarios.

                The more supporting evidence you have the better your chances but at the end of the day the TT is a legally binding roll of the dice.
                Last edited by Learning; 04-07-2016, 09:49 PM.


                • #9
                  Think a rent increase will be safer rents set a low end of market so will raise to the middle. Good thing is market is finally picking up.


                  • #10
                    You'll pend more than $900 in time and angst then lose. You have no way to prove anything. Just get it fixed man.