Accusations of Apartment Block lifts damaged

Discussion in 'Repairs & Maintenance' started by Mobeen, 8th Apr, 2020.

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  1. Mobeen

    Mobeen Well-Known Member

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    Hi there,

    Just wondering if anyone can help me and shred some light in regards to the rights I have on this matter.

    Summary:

    our landlord has come up to me and my wife and accuse my kids of damaging the lift door with a dent, resulting in the lift to be jammed.

    I have stated to him that our kids will not do that but he has a video footage of them entering into the apartment block at certain time frame before the lift jammed And just to confirm this is no video footage of inside the lift just a certain time frame from entering into the apartment block and the lifts jamming.

    He stated that the door was jammed and it blew a three-phase fuse and the lift company had to come out and it cost $16,000 to fix.

    He stated that he will go to the police on this matter I have advise them to send me or evidence that he has so we can review it and go through with our kids a 13-year-old girl and a 16-year-old son who are straight a student and not into violence at all.

    I have asked the kids and they don’t know nothing about it.

    and the landlord ended up asking us what are we gonna do about it.

    any help on this matter would be appreciated.
     
    Last edited by a moderator: 8th Apr, 2020
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Why does your LL have footage? How did he get it?

    Are you the only occupants of the building?

    Other than the video of the kids entering the building do they have the option of using the stairs? Could someone else have used the lift?

    Is the lift jammed on your floor or the ground floor?

    Serve the landlord with a breach notice as he did not provide the required notice to you for an inspection.
     
  3. Mobeen

    Mobeen Well-Known Member

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    Thank you for your reply.

    Why does your LL have footage? How did he get it?
    The landlord had footage from the security camera outside the building and he stated a occupant of the building also Record the noise coming from the lift

    Are you the only occupants of the building?
    We are not the only occupants of the building there are 16 apartments in this block and one lift.

    Other than the video of the kids entering the building do they have the option of using the stairs? Could someone else have used the lift? Yes there is an option for them to use the stairs and they do sometimes and yes someone else could’ve used a lift definitely.yes there is an option for them to use the stairs and they do sometimes and yes someone else could’ve used a lift definitely. But the landlord insisted that since my kids into the building it happened approximately one or two minutes after.

    Is the lift jammed on your floor or the ground floor?
    Yes that’s what the landlord stated that it jammed open on our floor and there’s only two apartments on our floor only two apartments on our floor

    Serve the landlord with a breach notice as he did not provide the required notice to you for an inspection.
    I’m sorry I don’t understand the breach part I’m sorry.

    I refuse to believe this was my kid there really straight a student who do not do malicious things like this.
     
  4. Mobeen

    Mobeen Well-Known Member

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    Also to add this incident happened nearly 2 weeks ago and I just hear about it today he said he’s compiling evidence or whatever I’ve just asked him to send me all the evidence
     
  5. Tony3008

    Tony3008 Well-Known Member

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    A $16,000 lift repair isn't going to be done in five minutes so with the only lift out of service for a period, surely the other occupants would have noticed? You refer to landlord; where is the Owners Corp in this? They'd be responsible for lift repairs, unless this is one of those blocks under one ownership.
     
  6. Mobeen

    Mobeen Well-Known Member

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    Yes the lift was out of service for approximately an hour and the landlord is the owner occupier and explanation is that lift kids kick the door and it came off the track, there is a small dent on the door but nothing to major that I didn’t really notice,
     
  7. Mobeen

    Mobeen Well-Known Member

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    So the owner lives on the six floor in the penthouse and we live on the third floor there is 20 apartments using 1 lift. Sorry I apologise I had my numbers wrong I stated there was 16 apartments but there is 20.
     
  8. bunkai

    bunkai Well-Known Member

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    Stay calm. Ask them to write you a letter.
     
  9. Mobeen

    Mobeen Well-Known Member

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    Yes I have advise them to please submit all evidence via email to me so I can have a look but he is stating that he might go to the police but he said before he does that he wanted to ask what are we gonna do about it
     
  10. wylie

    wylie Moderator Staff Member

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    This could have happened from any one of the other occupants. Your kids might have gone into the building, seen on camera, but that proves nothing.

    Unless he has video from the lift itself, there's nothing he can prove.

    I wonder if there is any video footage of anyone else on any floor getting into the lift, or if the footage is only showing someone entering the main door.

    Do you think your kids may have accidentally damaged the lift, and don't want to own up?

    One hour out of order and a $16k repair bill sounds a bit much too.

    I'm not a lawyer, but this seems like a witch hunt. Wouldn't this be an insurance claim anyway?
     
  11. Mobeen

    Mobeen Well-Known Member

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    Yes being a landlord and having landlord insurance I would’ve gathered that it would be a claim.

    To be honest with you as all parents would say no it can’t be my kids, But I have sat them down and I’ve asked them and I’ve asked them to tell me the truth and we will still protect them but they swear they didn’t but we still never know right as parents right? As a parent all I can do is take the word of my kids that they didn’t do it and giving them the benefit of the doubt and that’s just me being absolute honest.

    Yes I would’ve thought the $16,000 definitely sounds a bit more excessive as he said that it blew three fuses and something to do with the board because the door couldn’t close and a tried number of times in a blew the board and the fuses.
     

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  12. Mobeen

    Mobeen Well-Known Member

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    Just want to make it clear there is no video footage in the lift at all
     
  13. Scott No Mates

    Scott No Mates Well-Known Member

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    The police will require a complete video from the time someone entered the building to exiting the lift, to prove who had been there.
     
  14. Mobeen

    Mobeen Well-Known Member

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    I believe the only video footage they have is a camera facing out from the building to the front door and that’s it, so you come through the front door you go Through a lobby past four apartments to the left there is no video footage on the floors at all only one camera at the front door of the building.
     
  15. wylie

    wylie Moderator Staff Member

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    If someone entered the lift from any floor, damaged the lift and didn't exit through the front door, the camera will not have picked them up. I think this is a big bluff on the part of the person accusing your kids. I'd let him do what he wants, and stand firm.
     
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  16. thatbum

    thatbum Well-Known Member

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    Lol why would the police be involved. What crime are you alleged to have committed?
     
  17. Scott No Mates

    Scott No Mates Well-Known Member

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    IIRC 'Smoking in the lift' was a $10 fine. Never heard of it being enforced.
     
  18. The Y-man

    The Y-man Moderator Staff Member

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    Does this landlord own the whole building?

    The Y-man
     
  19. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

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    That is not evidence.Tell them it has nothing to do with you and not to bother you again.
     
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  20. Mobeen

    Mobeen Well-Known Member

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    Yesterday the landlord was so adamant about this I have asked them twice yesterday to send through some evidence and whatever he has for me to review and I have yet not received anything.

    What would the police do anyway may I ask?