Damaged incurred by tenant costing more than the bond money ?

Discussion in 'Legal Issues' started by AlbertWT, 9th Jun, 2017.

Join Australia's most dynamic and respected property investment community
  1. AlbertWT

    AlbertWT Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    222
    Location:
    NSW
    Hi People,

    I'd like to know what shall I do if the tenant who left the property already costing me more to repair than the bond money they lodge with the property manager?

    For example:
    Broken toilet cistern
    Timber flooring damaged due to water leaking from the aircon not reported to the managing agent
    Dirty & Oily kitchen
    etc...

    The total cost to repair, replace and professional cleaning is more than the 4 weeks rent.

    I suspect the property is overcrowded by the tenant.

    Note, since this is my first investment property, I do not have the landlord insurance with me.
     
  2. Zyzz

    Zyzz Well-Known Member

    Joined:
    24th Nov, 2016
    Posts:
    410
    Location:
    Toorak
    Well no offence but it is pretty stupid to be uninsured. Very stupid.

    Okay onto what you can do, I think the most important question is, Do they work or are they on Centrelink?
     
  3. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    Either you pay, or, you chase them to pay.
     
  4. skater

    skater Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    10,276
    Location:
    Sydney? Gold Coast?
    Well, firstly, you have to pay for it. How else will things get fixed? But I've got a few questions for you.

    1) Why haven't you got LL Insurance?
    2) Do you have a PM? If not, why not?
    3) The lease stipulates the number of tenants. Why do you say overcrowding?
     
  5. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,190
    Location:
    Adelaide and Gold Coast
    Barclay Mis perhaps
     
  6. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    14,015
    Location:
    Brisbane
    What does this mean? I'm not sure what it means and this is a new landlord. Can you please elaborate so it is more helpful?
     
  7. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,190
    Location:
    Adelaide and Gold Coast
    They're a debt collector that collects over and above what bond / insurance might cover, or in the absence of insurance.

    As far as I'm aware, they basically have 2 models
    1) As a once off - ie pay them a fee (and / or a percentage?) and they'll pay you out and then go reimburse themselves from the tenant - ie put them on a payment plan or take their belongings or whatever
    2) As like an insurance - ie pay them an annual fee and they'll have your back when needed
     
    EN710 and wylie like this.
  8. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,345
    Location:
    Australia
    Did you insure your first car?
     
  9. AlbertWT

    AlbertWT Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    222
    Location:
    NSW
    Yes, I've got property manager, but I have jut noticed this lt month when I decided to inspect it myself.

    The tenant is coming from "south Asian continent" region.
     
  10. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,345
    Location:
    Australia
    Dig out your last inspection report. When was it done? Not sure why the "race of the tenant" is relevant. You signed the lease.
     
    legallyblonde likes this.
  11. AlbertWT

    AlbertWT Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    222
    Location:
    NSW
    The last inspection report was sent as the last Tenant vacated the property. It was good and well maintained.

    Entering the 5 months lease term, I've decided to inspect it myself and quite surprised they have not maintain the property very well, hence I've send out the end of lease notification last week after I did the inspection myself.
     
  12. Xenia

    Xenia Well-Known Member

    Joined:
    16th Oct, 2015
    Posts:
    3,863
    Barclays won't take it on unless the client was with them prior to this happening.
     
  13. Xenia

    Xenia Well-Known Member

    Joined:
    16th Oct, 2015
    Posts:
    3,863
    I would recommend getting it fixed, getting an order of debt established through tribunal and use that to claim through a magistrates court

    For next tenant
    Use a specialist landlord insurance, Terri sheer or ebm or similar (stay away from sgic, alliance, cgu or any bank insurance)
    Enrol with Barclays - as per Daves suggestion
     
    cmac1989, Sackie and AlbertWT like this.
  14. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,190
    Location:
    Adelaide and Gold Coast
    No, theyve done once off services
     
  15. bunkai

    bunkai Well-Known Member

    Joined:
    26th Jun, 2015
    Posts:
    859
    Location:
    Sydney
    Four weeks to repair seems like a bit of a stretch.

    Sounds like your agent wasn't doing their job if they didn't notice on either regular or exit inspections.
     
    KayTea likes this.
  16. Westminster

    Westminster Tigress at Tiger Developments Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    11,356
    Location:
    Perth
    If they are still currently a tenant your PM can breach them for the damage they have caused.

    They may well be able to clean it up to standard when they leave which leaves the broken items which you can bill them now so that they are repaired.

    If they don't pay that before they leave then your PM seeks permission from the relevant govt body to have the bond used for fixing and any excess your PM needs to keep claiming against the tenant (ie directly or via small claims court)
     
    Gockie and AlbertWT like this.
  17. Bill Williamson

    Bill Williamson Well-Known Member

    Joined:
    28th May, 2017
    Posts:
    77
    Location:
    Perth
    Toilet cistern is pretty cheap < $100 from hardware store. Expensive if you want a plumber to install it vs doing it yourself. Also what do you mean by broken. If its just parts inside broken / not working or flushing properly then its likely just worn out instead of damage from tenant.
     
  18. Sackie

    Sackie Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    25,058
    Location:
    Vaucluse, Sydney.
    Get LL insurance Asap. Never make the colossal mistake again of not having LLI.

    Luckily the repairs are not devastatingly expensive.
     
    KayTea likes this.
  19. Handyandy

    Handyandy Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    651
    Location:
    Sutherland
    I note that you are in NSW

    Unlikely that you would win at the tribunal for either the 'broken' toilet cistern or the damage to the timber floor.

    Both would come under wear and tear unless you can proof that they took to the cistern with a hammer.
     
    Marg4000 and AlbertWT like this.
  20. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    5,572
    Location:
    Melbourne
    i got one of their pamphlets in my landlord statement a while ago,

    not sure how effective they are,

    i would be happy to give them a percetnage but it would be less than 50%,
    plus im not oaying them big fees to chase them with no result