Mould issues due to leak. Should the tenants fork up?

Discussion in 'Repairs & Maintenance' started by JohnInvestor, 6th Apr, 2017.

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  1. JohnInvestor

    JohnInvestor New Member

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    Hi, long time lurker first time poster.

    Friend of mine has this issue with some tenants of his.

    They've been ok for the past few years. Paid the rent on time. Kept the place reasonably clean and tidy.

    Recently however they've complained about mould on the carpets in the inbuilt wardrobe.

    According to them there must have been a leak that's come through the ajoining laundry. He had a plumber sent out to check it out and yep, there was some shoddy work done on the outlet pipe of the hot water tank and the excess water would end up against the wall, probably when the tenants weren't around. Some neat botch job by the last owner leaving it for my mate to be bitten on the bum by it.

    He's fixed it up and pulled up the cupboard inside the wardrobe so it can dry out. It does have white and dark mould on it near the edges. Apparently the tenants had some boxes in there and that looks to have stopped the spread of the mould and water damage to the carpet at least.

    Of course the tenants are bleating like sheep to the property manager about this, complaining about the smell and not being able to use the room.

    So, thoughts. Should he just get the property manager to stay firm and tell the tenant's to continue what they're doing? (Running a portable dehumidifier and keeping the now empty wardrobe exposed to the air and sunlight?)

    Should he give in and cut the affected carpet away and replace it in a few weeks? (And maybe take the damage out of the tenant's bond, after all, someone needs to pay for it.)

    Or is there some sort of cleaning regime for carpets he could get the tenants to do? Despite their whinging they seem open to rolling up their sleeves and trying to fix the damage.

    Or should he just evict the tenants and get their bond to cover the whole thing?

    He's fast losing his patience but I don't want him to get into legal hot water.

    Cheers
     
  2. wylie

    wylie Moderator Staff Member

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    Why is this any fault of the tenants? You suggested it was a leak caused by dodgy work done by the previous owner, not the tenants.

    Your friend needs to fix the problem. Replace the carpet in the cupboard and hope he doesn't lose good tenants.

    That is just my opinion from reading what the details you've provided.

    PS. Welcome to the forum. :)
     
    Last edited: 6th Apr, 2017
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  3. Jess Peletier

    Jess Peletier Mortgage Broker & Finance Strategy, Aus Wide! Business Member

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    You're right - someone needs to pay for it and it's not the tenants :)

    Your friend is lucky they're willing to help, many would just be wanting compensation.
     
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  4. willair

    willair Well-Known Member Premium Member

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    This is the Landlords problem,and "IF" you think exploiting the Tenants for fun and profit
    and you try to evict and take the bond then look up one word "Litigation"..
     
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  5. Marg4000

    Marg4000 Well-Known Member

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    The landlord should replace the carpet immediately. Mould is a serious health issue and virtually impossible to completely eradicate from carpet.

    And no, he can't charge the tenant.

    "Someone has to pay for it" is correct. That someone is the landlord.
    Marg
     
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  6. Joynz

    Joynz Well-Known Member

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    I suspect your landlord friend is kidding or maybe you are having the forum on!
     
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  7. Scott No Mates

    Scott No Mates Well-Known Member

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    Why is the pm needing to seek instruction on how to fix the issue?

    Why did the LL have to lift the carpet?

    Is it self managed or doe he have the pm on such a short rope that the pm can't do their job?
     
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  8. EN710

    EN710 Well-Known Member

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    It's not the tenant's fault! They reported the issue as soon as they found out. Mould can cause health issue and detoriate the property. Tell your friend to get it fixed asap.
     
    Last edited: 6th Apr, 2017
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  9. skater

    skater Well-Known Member

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    Why is this even a question? Tell your mate not to be such a cheapskate & fix the problem ASAP.
     
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  10. Nemo30

    Nemo30 Well-Known Member

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    I suspect trolling.... although i have seen PM's who will go after the tenant in situations like this and the tenant gives in because they dont know how to fight it or dont have the time or energy.

    I hate the attitude that the tenant is always in the wrong.
     
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  11. kierank

    kierank Well-Known Member

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    Hell no!! Make the bloody tenants pay!!!! They are the ones living there, FGS.

    Not to just replace the affected carpet, get them to pay to re-carpet the whole room. That will get rid of the mould and the smell - they (and your mate) will both be happy. Even better, hit them up to re-carpet the whole house.

    While your mate is at it, get these bogan tenants to pay for the property's rates, the loan repayments, some booze, his/her next holiday, a new car, ...
     
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  12. Khaleesi

    Khaleesi New Member

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    You and your "friend" both sound like the type of landlords that deserve **** tenants.

    Firstly, you have a tenant who pays their rent on time, looks after and cleans the property, is willing to spend their own money and time on improving the property and reports serious issues immediately (whilst also having their own property damaged and being unable to fully utilise the property they are paying to use). Also note they aren't asking for compensation or suing your friend for the damage to their items or the unacceptable and unusable condition the property is in.

    Secondly, why do you and your "friend" believe that the cost of repairs to the property that they own gets passed on to the tenant who has no actual finance investment or benefit in this property?

    Thirdly, why are you continuing on these ideas with your friend and making out that tenants are lower class citizens to the both of you.

    Personally I am an investor whilst also renting. Large costs do arise from time to time with property ownership, but that's the cost of ownership. Unfortunately you need to immediately get onto repairs such as this as they impact on the quality of life for the tenant and also do a lot of damage to the property.

    Great job for finally posting! I hope you don't take this advise too harshly. I feel sometimes hard love is necessary for growth and acceptance to other ideas occurring
     
    Last edited by a moderator: 13th Apr, 2017
  13. Scott No Mates

    Scott No Mates Well-Known Member

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    You forgot to add repainting, treatment of the mould spores and contribute to the pm's benevolent fund.
     
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  14. Xenia

    Xenia Well-Known Member

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    This does not sound like tenant damage, not even remotely.
    Tenants would even be entitled to being compensated for not being able to use the room - if they take it to tribunal they WILL get compensated.

    It's landlords responsibilty and obligation to get this rectified asap.
     
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  15. Xenia

    Xenia Well-Known Member

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    I second Wylie's comments here.
    Welcome to the forum and this is s very common question asked by new landlords - trust me it's common, part of being a property manager is educating landlords.

    I've had landlords ask for properties to be painted, carpets replaced because they were worn, hot water systems replaced and one sleezy little ****wit asking a tenant for sexual favours to handle arrears - he got reported to police and I also rang his wife. Not ok!
     
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  16. EN710

    EN710 Well-Known Member

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    ... how exactly did he word this to you?! :confused:
     
  17. Xenia

    Xenia Well-Known Member

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    The tenant called our office
     
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  18. JohnInvestor

    JohnInvestor New Member

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    Cheers for all the comments. They've given me a fair bit to think about and I think reading through I've got some good advice to give him. The consensus seems overwhelming.

    First of all a useful tidbit from this experience to do with water heaters in older apartment blocks. Most water heaters tend to have pressure outlet pipes that lead to the outside of the building. This one had an outlet pipe that came out of the wall with the end of the pipe pointing towards the floor drain in the laundry. The key word is towards. The plumber used the manual valve to relieve pressure and some of the water went down the drain, some rested against the wall. So this water might have been seeping through the wall for months or years.

    I think part of the confusion over who is responsible is over the slow nature of the leak. The plumber thinks it might be anything from months to years. The tenant informed the agent as soon as they were aware (when their wardrobe suddenly smelled musty) but the damage to the contents indicated it had been happening for a while.

    My friend is now thinking of talking to strata and asking if all the units have a similar arrangements. If so there's the possibility of damage coming into the ceiling of his unit in the future. I know the next time I look around for an IP I'm going to be checking for strange pipes in the laundry. From what I saw from his photos it's a setup I've never seen before. (If a pipe burst potentially you'd have to rip out half the wall to get to it!)

    In regards to his tenants, yes, in retrospect I was probably being a little mean. (Posting late at night after a wine or two, probably not recommended.) They've been quite pushy about getting the patch of carpet removed rather than fixing it. On the other hand in terms of compensation for the loss of personal stuff they have named a figure. Aparently the boxes were full of sentimental and thus 'priceless' (their words) objects. They've said they're not claiming anything above $0. Apparently "money can't replace what was lost", they just want the damage fixed to the room fixed. They haven't asked for a rent reduction (and the property agent was not going offer one anyway.)

    I suspect he was hoping (or maybe the property manager has indicated) that given their good will if they waited the tenants might just take things into their own hands and try to fix the post cleanup themselves. However he's since been told the tenants have written saying they are removing their furniture and belongings from that room and arranging to sleep elsewhere (in another room? a friends place?) until the patch of carpet is seen to. It would appear their goodwill might be drying up. Unlike the room. My friend (and the agent) seem to think there's no worry, they should just dry it out and then steam clean it.

    That being said here's the advice I plan to give him.

    1. Get someone out there ASAP to cut the damaged carpet away. The tenants have already indicated they're happy to let the bare floor dry over the next month and clean off any mould that might appear on the wall. Replace the carpet in a month (maybe even come inspect the results personally. Chase anyone but the tenants for the work costs (or fold it into a rent rise down the road if you have to.) Possibly try not to agitate them too much in case they go to the tribunal.

    2. If he's tiring of dealing with these sorts of things (and it appears this sort of thing is stressing him out more and more) then look at selling or getting someone in to renovate the place and then sell. He's getting near his twilight years and it might be a good time to sell anything that's causing him stress.

    Thanks again for all the good advice
     
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  19. Khaleesi

    Khaleesi New Member

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    Hi John,

    I'm so glad to hear that you've really taken on the feedback we've all contributed with and opened up to another side of the story (and investment speed bumps).

    I really like how you have changed your mindset on the options available to your friend and yourself, that is really admirable and rare.

    Checking in with strata is a fantastic idea as most and townhouses are laid out in the same manner as each other, so if one has a plumping problem it's highly likely that the others will too.

    If the property that is causing the leaking was renovated by strata or is in original condition the leak should be getting resolved (plus the mould issue on your friend's side) by strata. If, however, the owner of that unit undertook repairs at their own cost, this may be trickier to navigate - they may be liable for the damage or the tradesperson they contracted to.

    When it comes down to mould damage, simply letting it dry out won't attend to the problem. The only options available are to remove any affected items immediately. Clean it all up and purchase new furnishings and carpet to replace it all. From the details you've provided this will mean new carpets, possibly a new wardrobe and perhaps the gyprock will need attending to too.

    You are a gem for not taking our feedback as a negative and instead accepting and making a full attempt to grow and develop from it! Now hopefully your friend can do the same

    All the best and keep on learning!
     
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  20. Paul@PAS

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

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    The landlord could face a serious tenancy dispute that no tribunal will see favourably. They tend to treat such owners very harshly. Always fix a real defect correctly and dont try to do it on the cheap. Just fix it.

    I once had a tenant describe a major failure of the shower. They said they didnt think it important but described seeing the ground under the house. I had a friend who ran a handyman service go straight there and replace the whole base....I didnt chance a repair or a cheaper fix. They appreciated same day fix and I kept a great tenant. They stayed another 8 years.
     
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