Dishwasher Replacement - Who's liable?

G'day All,

Settled on a new property in QLD in Jan this year.

Just received my rental statement from my PM for next fortnight and they've held back the full rent amount.

When I've asked why, they've advised that an invoice for the dishwasher has been received.

At the time of inspection I didn't think to check the dishwasher and tenant wasn't home for me to ask them if they had any complaints about the house, so it could well have been defective then.

With that being said, I've never authorised a replacement or repair (so believe it must have been ordered by the previous owner).

On that basis, as I did not direct the works to happen, I'm going to ask them to pay me the full rent amount and seek costs from the previous owner (who I imagine did request the work to occur).

To take it to an extreme example, if the previous owner had agreed to put in an inground pool and works had started, the PM couldn't expect me to foot the bill for this - so I don't see why I should be liable for this either. No fixtures were excluded in contract of sale.

Anyone been in a similar situation?

 

It depends what's in your contract - do they have approval to spend up to 'x' on repairs without authorisation? They may have organised it without needing approval.

 

You inherited the same PM as the previous owner? Really?

 

It seems I did. What's your concern with that approach?

 

Replacement without diagnosis and communication ?

 

Well possibly a conflict of interest. Which potentially seems to be playing out right now.

 

Did the property managers do the rent settlement? Should have taken outstanding invoices into consideration.

 

yep, happens and has happened to me so many times over the years,

all they simply say is "I considered it an emergency"

yes you could change agencies, but I wouldnt hold my breath the next one is much better

 

I doubt a broken dishwasher could be considered an emergency!
Unless it was plumbed in, no isolation tap and the connecting hose broke? And then it is a plumbing issue and not a replacement.
Marg

 

When did it happen, while you owned it or prior?

 

Youre obviously not tribunal member!

I reckon they would consider daylight savings an emergency

 

I consider this to be only a small conflict of interest.

The agent may be doing a good job and it would be cruel to take away business

 

Yes normally I would agree its normally a pretty small issue.

Except in this case it could be related to why the PM appears to be trying to pin charges to the OP that might be from the former owner.

So its actually potentially the issue.

 

Theres a fairly concrete list on what things constitute emergency action.

 

Ive yet to see this list but ive seen heaps of stuff other pms have agreed its not an emergency

 

G'day all,

PMs comment verbatim was:

Looking at your file it looks like the invoice for the dishwasher has been received and entered into our system for payment ($750).

Was this cost meant to be paid by previous owner? If so, Do you have any written confirmation?

To me, this seems to indicate it has been known about for a while and their reference to previous owner makes me think it was something they requested (as all I asked was "mind explaining why full rent was held"? - had to ask as no invoice or explanation was provided with the rental statement.

 

What kind of ridiculous response from them is that?

You should be asking them, and they should be telling you:

1. What was the issue with the dishwasher?
2. When the issue was reported to the PM?
3. Who authorised the repair work?
4. Who authorised payment of the invoice?

...just as a starting point.

 

Chances of getting the previous owner to pay are remote. It is unlikely they are legally responsible either.

What if your PM's spending authority in their agency appointment without requiring your approval?

 

G'day Joel,

I'm still trying to get all the facts - PM has been missing my calls since they sent the email which is a bit frustrating.

Regarding getting them to pay or their legal responsibility - if they authorised the property manager to act on their behalf - why would I be legally responsible for the costs?

I'm a bit ashamed to say I don't have a formal PM agreement in place. Property settled when I was overseas, got back start of Feb and between starting a new company and moving house it was one item on the to-do list that I hadn't gotten to.

 

Is the agent entitled to take commission if they don't have an agency agreement with you? It's a breach of the act in NSW. On what terms are they emptying your pockets and remitting rent?

If the d/w was broken before settlement and your due diligence didn't test all appliances, fixtures & fittings, then you can't point tge finger at the vendor.