Who is responsible if 'damages' are not picked up by previous tenant?

[newbyvest85]

Sorry - Title should read "Who is responsible if 'damages' from previous tenant are not picked up by Property Manager"


Hello everyone

Would appreciate your advice.

Tenant 1 until December 2016 - otherwise excellent tenant. Moved out. Report by Property Manager Y everything is good with property.

Tenant 2 moved in late December 2016 - advised Property Manager Y of some defects, including a cracked ceramic cooktop. Not communicated to me.

July 2017 - Property Manager Y left the company, Property Manager Z (of the same company) took over property.

Recent routine inspection - Tenant 2 advised Property Manager Z of the cracked cooktop. Property Manager Z informed me. I have asked several electricians and everybody told me I have to replace the whole unit. Recognising fire risk, I had to oblige and get a new one.

I believe Property Manager Y and the Company are responsible, as Tenant 1 left the tenancy, an inspection was done. Tenant 2 moved in less than 2 weeks after, notified the Property Manager Y of problems. Nothing was done to act on the concern, or to report that to me.

Will it be fair to negotiate a split settlement with the relevant Company, say 50:50?

Thanks everyone.

[sidinz]

I think you're going to have to wear this one. The Osaki ruling means that the tenant would not have been responsible, anyway. So the PM, by not telling you when they should have, has not lost you any money.

[Nice]

Yes, Osaki ruling says its not the tenant, I would lodge a claim with your insurance on it.

[FJW]

Sorry - Title should read "Who is responsible if 'damages' from previous tenant are not picked up by Property Manager"


Hello everyone

Would appreciate your advice.

Tenant 1 until December 2016 - otherwise excellent tenant. Moved out. Report by Property Manager Y everything is good with property.

Tenant 2 moved in late December 2016 - advised Property Manager Y of some defects, including a cracked ceramic cooktop. Not communicated to me.

July 2017 - Property Manager Y left the company, Property Manager Z (of the same company) took over property.

Recent routine inspection - Tenant 2 advised Property Manager Z of the cracked cooktop. Property Manager Z informed me. I have asked several electricians and everybody told me I have to replace the whole unit. Recognising fire risk, I had to oblige and get a new one.

I believe Property Manager Y and the Company are responsible, as Tenant 1 left the tenancy, an inspection was done. Tenant 2 moved in less than 2 weeks after, notified the Property Manager Y of problems. Nothing was done to act on the concern, or to report that to me.

Will it be fair to negotiate a split settlement with the relevant Company, say 50:50?

Thanks everyone.

Heya - I believe the property management company should wear those costs. If they give you excuses about its wear and tear or refer back to the Osaki vs Hola case go back to them to advise why you weren't informed about it in the first place as they will just be trying to cover up their mess.

[Sharon]

Ceramic stove tops are a seriously bad idea for any rental. After a while the tops crack from multiple boil overs & thunderous wear an tear. Tribunal Adjudicators will immediately chant Osaki for any such claim. If its a deep crack would have expected PM to notice however some can also be minor that grow larger over time subject to misuse that we now describe as "accidental"

[FJW]

Sharon, Free standing ovens aren't that ideal in rentals as well as the amount of food splatter down the sides and very seldom do I find get cleaned behind. Surely there would be some more robust ceramic stove tops or could you put a protective film over the top?

[Rosco]

Hi,

I would look at, what would be the outcome had you know earlier?

I'm guessing it would be that you would have replaced the unit.

Your end result is that you had to replace the unit.

So you have had no loss. If there is no loss on your part, what are you trying to get your property management company to pay for?

Ross

[Sharon]

agree free standing ovens can generate mess but cleaners are generally cheaper than appliance technicians. Our Kangaroo Court more likely to award for this than a crack

[teamchase]

The Answer to this question will be in the management agreement you signed with the property management company, I would expect (sadly) that you will be paying. However, as others have said in this thread, TT are ruling items like this as landlord cost if unable to provide reasonable grounds for it to be intentional damage, so this is a cost you may (or may not) have worn anyway, but you should have known earlier, and you should have had the level of communication and attention to detail expected when paying for a professional to manage your rental.

Ask to see photos of the hob from the ingoing inspection reports your Property manager has, this should show if the crack was present at the ingoing, or if the next tenants have caused it. There should be a few photos of the HOB over the years. asking for this will either build some confidence in your PMs process and communication, or further ad premise that it's time for a change.

Fingers crossed property manager Z is better than property manager Y. If you've been given a new property manager, may be worth having a meet and greet with them so you know what you are dealing with.

I think its clear, that you have been let down. Your confidence is damaged, and your property manager should make good to build up the good will again.

Its time to communicate your disappointment to the PM company, and ask them to build some goodwill, i'm sure they will.