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
    @Handyandy I have the photos from the previous condition report, so hopefully, they can be used to make it as a strong argument to take the bond money from the tenant.
     
  2. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,410
    Location:
    Qld
    Over time, things do break or just plain wear out. Unless you can prove the tenant deliberately damaged something you may be on shaky ground. Obviously if you have evidence of the date of purchase that may help you.

    A brand new house won't keep its brand new look if lived in for ten years, by either a tenant or an owner.

    Another factor will be the length of the tenancy. Obviously a 3 year tenant will be excused more wear and tear than a six month tenant.
    Marg
     
    Paul@PAS and AlbertWT like this.
  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    Wear and tear is always a owner cost. Unreaonsable wear and tear is debatable.
     
  4. Hwangers

    Hwangers Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    338
    Location:
    Sydney
    so whats the big difference between Barclays MIS and LL? Is there a point in having both?
     
  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    Landlord Insurance covers issues specific to a property onwer and lost rent, damage etc.
    Its fundamental cover. I just dealt with a client who lost $14000 is damages. He had insurance and was out of pocket by a many thousnads. But received $10K plus. No insurance would mean a $14000 loss and an inability to fix the property. His insurance cost $300 a year.

    And after tax its $200. Under 80cents a day.

    Google EBM Rentcover
     
  6. Tom Rivera

    Tom Rivera Property Manager Business Member

    Joined:
    1st Jul, 2015
    Posts:
    2,718
    Location:
    South East Queensland
    @Hwangers they are totally different services, but the eventual result overlaps. Landlords Insurance is the 'superior' option for cost recovery but it's also more expensive (still well worth it). Barclays MIS is a subscription based debt collection services with some fringe benefits like attending Warrant-Of-Possessions and sending strongly worded letters. It's a great service but I don't really see a point when you have quality specialist Landlords Insurance.

    There's a few specialist insurers around, I've had and heard of the best experiences with EBM and Terri Scheer. Look very very very very carefully at the policies of non-specialist insurers because their idea of Landlords Insurance are usually little more than a token rent loss policy.
    _________________________________________________________________________

    Back to the original question, the only way forwards is tribunal. The Property Manager will claim the bond and then prepare and lodge court paperwork for costs exceeding the bond. You're not likely to receive the full amount back (tribunals tend to be rather tenant biased) but a skilled PM should be able to recover some of the costs.