tap running house flooded, who pays?

[hacona]

Tenants came home and found the tap running house flooded. New carpet was damaged by water and some construction damage as well.
The tap was not leaking. The landlord's insurance excess fee is $550. Who pays the fee?
Any chance to terminate the fixed term tenancy for repairing?

[DaveW]

You should ask local property managers in your area.

If the tenant caused the damage then they are responsible for it. If they fail to compensate then that is ground for termination of lease.

If your unmaintained leaking faucet caused the damage then you as landlord are responsible for damages.

Get professional advice.

[Perry]

Tenants came home and found the tap running house flooded.

You missed the million-dollar question.

How did the tap come to be left running?

[Davo36]

I have a similar issue going on now.

Tap left running, no flooding but very high water bill.

Tenant refuses to admit it was her.

Someone else must have left the tap on she says.

TT on 31st May...

Effing tenants who never take responsibility for anything.

[Perry]

Did the tenant report the break-in to the Police.
The one where the burglar turned the tap on and left?
(Only joking)

[Meehole]

I was at TT hearing last Friday, tenants damaged carpet on stairs which is clearly visible on photos. Have claimed the $500 insurance excess from the tenants bond, still waiting to hear if the adjudicator will allow.
Normally TT rules in favour of tenant, they are not responsible as it should be covered by your insurance. So I was told.

[DaveW]

I was at TT hearing last Friday, tenants damaged carpet on stairs which is clearly visible on photos. Have claimed the $500 insurance excess from the tenants bond, still waiting to hear if the adjudicator will allow.
Normally TT rules in favour of tenant, they are not responsible as it should be covered by your insurance. So I was told.

That maybe the case but it's the landlord who loses the no claims bonus and facing increased premiums.

[Meehole]

That maybe the case but it's the landlord who loses the no claims bonus and facing increased premiums.

I know this, it is also the landlord in this instance that has had to fork out another $3500 to have the 11 year old carpet replaced as the insurance company only covered the 'affected area'.
The stairs, 2 hallways and the lounge. The bedrooms and walk in wardrobe all had doors that could be closed off from the 'affected areas'.
Fortunately for us it was 100% wool carpet and we are replacing with cheaper solution dyed nylon, cash settled.
No increase in premiums as its on the market in a fortnight. No more tenants for us.

[Perry]

Head in The Sand Man

No increase in premiums as it's on the market in a fortnight. No more tenants for us.

Sssshhhhh - don't let Dhil Twitford hear you. You might pop his never-never-land other-world bubble. As mentioned earlier . . .

Housing Minister Phil Twyford's reforms likely to raise rents, officials warn
24 Sep 2018

Housing Minister Phil Twyford's package of tenancy law reforms would likely drive up rents by causing some landladies to get out of the market, officials have told him. Because owner-occupiers typically have less people in a house than renters, this could lead to a further shortage in rental properties - and higher rents. Twyford said the advice was "only a scenario" and he "wasn't assuming that is going to happen."

[Davo36]

I know this, it is also the landlord in this instance that has had to fork out another $3500 to have the 11 year old carpet replaced as the insurance company only covered the 'affected area'.
The stairs, 2 hallways and the lounge. The bedrooms and walk in wardrobe all had doors that could be closed off from the 'affected areas'.
Fortunately for us it was 100% wool carpet and we are replacing with cheaper solution dyed nylon, cash settled.
No increase in premiums as its on the market in a fortnight. No more tenants for us.

Can't work out if you're the owner or the property manager in this case?

Yes, sad that so many are selling up. I don't blame them 1 bit though.

[hacona]

Tenant said unsure how the tap was running, maybe something flipped leaning on the tap and resulted the tap on.

[Davo36]

Tenant said unsure how the tap was running, maybe something flipped leaning on the tap and resulted the tap on.

F**k's sake, they just need to own up.

If this goes to the TT, they could potentially argue that it was an accident, so they don't have to pay.

[hacona]

you are right.

I called tenancy line, they said the landlord pays everything including excess fee and related agent fee if the landlord can't approve if it is careless damage. Refer to "Osaki" case.

I asked "this is the second accident in two weeks, shows the patent of careless. Can the landlord apply for terminating the fix term tenancy?" They said "no, only if the tenant agreed with it."

I asked, "If the tenant disagreed and upset, again accidentally left tap running and house flooded Who pays?" they answered, "the landlord pays."

I said, "but the landlord hasn't done anything wrong, why the landlord has to pay?" they answered, "if the landlord cannot agreed, apply to the tribunal."

How vulnerable the landlords are! They can be easily shattered to pieces simply by the amulet of "careless" .

[Meehole]

Can't work out if you're the owner or the property manager in this case?

Yes, sad that so many are selling up. I don't blame them 1 bit though.

Owner of the property, usually manage it myself but letting agent who then became property manager got an extra $40 week rent so decided to release myself (and husband) from the stress of looking after the property and new tenants.
Property manager deflected the bond refund decision advising us both that as we couldn't agree on the amount to be deducted from the bond refund the best avenue was the TT. Tenant told adjudicator that I had sacked her! I told her and adjudicator that I hadn't as PM still had bond registered in her companies name.
I wasn't paying any fees currently as the house is empty being fixed up from her damage. As far as I'm concerned she's still the PM, no letter ever set to say otherwise.
PM actually sitting on the fence, if it goes against us will have a crack at her for the management fees paid. Very disappointed in her management, she believed the lies the tenant told her, and then found her another rental of a property she also manages. Some other poor landlord has this tenant, wish I could alert them!

[Meehole]

If you go to the TT with a tenant, will record of that hearing show up when a check is done on that tenant for another property?