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Accidental Glass Broken - Would you help pay for replacement?

Discussion in 'Repairs & Maintenance' started by Breeamy, 18th Feb, 2016.

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Would you help cover tenants accidental glass breakage costs?

  1. Yes, partially

    7.1%
  2. Yes, the whole amount

    0 vote(s)
    0.0%
  3. No

    92.9%
  1. Breeamy

    Breeamy Member

    Joined:
    10th Aug, 2015
    Posts:
    15
    Location:
    Regional NSW
    Hi All,

    Just hoping for some advice, one of my rental properties has advised that during lawn mowing a rock has flown up at the glass sliding door and shattered the glass. It happened after hours and the tenant had the glass replaced (probably by the most expensive provider, O'Briens). The cost was around $1,100.

    Now they tenant is asking if I can help cover the costs.

    I have accidental breakage on insurance but the excess is $1,000 so no point to consider that.

    And accidental breakage is tenants responsible anyway, what do others think?

    Would you chip in some money to help pay for it?

    Note: I have not raised the rent since they moved in 3+ years ago and the price they get is pretty good considering its in Sydney. AND the aircon that never worked (known when leased), I am in the process of getting replaced already as a good gesture to the tenants.

    So in this instance I am leaning towards rejecting their request. What would everyone else do?
     
  2. EN710

    EN710 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,162
    Location:
    NSW
    Not sure about the rules

    Who did the lawnmowing? I'd argue that it's their cost if they did the lawn moving and break the glass.

    It doesn't sound like an urgent repair? It's too late to ask the landlord to pay for it after it's done. "Hey, I break the glass, got someone to fix it for $5000. Can you pay half"
     
  3. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    2,974
    Location:
    Brisbane
    I'm a reasonably understanding landlord and tend to look after our tenants well. But in the circumstances you've outlined, I would say it is the person who was mowing at fault and I would not happily pay anything towards replacement... especially if they are on cheaper rent due to not raising it for more than three years.

    Do be aware that if they decide to fight, even if they knew the aircon wasn't working for the past three years, it should have been working and they could use that as a bargaining chip if they take you to tribunal.

    My brother has a lawn mowing business and this happened to him at a house that he was mowing. He paid for the repair.
     
    BigKahuna, Leo2413 and EN710 like this.
  4. Glorion

    Glorion Well-Known Member

    Joined:
    26th Jul, 2015
    Posts:
    81
    Location:
    Sydney
    I'm a tenant and yet to be a landlord...what right do they have to think that you need to pay or "chip-in." That's messed up.
     
    Leo2413 and JacM like this.
  5. vbplease

    vbplease Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    538
    Location:
    Brisbane
    I agree.. if there is feature in the property such as air con and it doesn't work, then it needs to be fixed. Regardless if it was made aware that it wasn't working when they signed the lease.

    I don't have an RTA link, but I've been caught out with a similar issue..
     
  6. Breeamy

    Breeamy Member

    Joined:
    10th Aug, 2015
    Posts:
    15
    Location:
    Regional NSW
    They never asked for it to be fixed until this December and they were happy I agreed so I don't think they would raise any issue there, they are pretty good tenants and generally don't like to rock the boat....but interesting regarding that point and noted for future.
     
  7. Jennifer Duke

    Jennifer Duke Well-Known Member

    Joined:
    23rd Oct, 2015
    Posts:
    289
    Location:
    NSW » Sydney
    A lot of people go by the "if you don't ask you'll never get" line of reasoning... In this situation, it's fine for the tenant to try it on, but there's no reason the landlord has to agree :).

    Is there a breakdown of labour vs window? If one is a couple of hundred bucks, I'd perhaps offer to pay that (if you're near the end of a lease).
     
  8. Barny

    Barny Well-Known Member

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    16th Oct, 2015
    Posts:
    1,182
    Location:
    Melbourne
    I would t pay for it. I would try and get a much better quote, then advise them the better price. That way your helping without helping.
     
  9. neK

    neK Well-Known Member

    Joined:
    18th Jun, 2015
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    1,279
    Location:
    Sydney
    I'd make whoever was lawn mowing pay for it.
    Surely they have PI that covers this (assuming the person mowing was providing a paid service).
     
  10. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    906
    Location:
    Perth, WA
    Interestingly enough, there's actually at least one tenancy case where the tenants in a lawn mowing situation were found to be not negligent, and the cost of repair therefore fell back on the landlord.

    So its not legally clear cut either.
     
    ellejay likes this.
  11. ellejay

    ellejay Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    1,131
    Location:
    Kimberley and NZ
    Exactly this. What does the Act say? I had a similar incident in NZ. It's a grey area in NZ, possibly the same here. What would be the tenants' response if you didn't agree to share the cost? If it went to tribunal who would be more likely to win? Sounds like they're good tenanants and this accident is just that and not a pattern of behaviour. The low rent is a separate issue so maybe look at an increase.