Property damage by tenant upon moving in

Discussion in 'Property Management' started by hematite, 31st Mar, 2018.

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  1. Xenia

    Xenia Well-Known Member

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    It dosent matter if they have cameras they can take a million photos. If an agent has a photo of a kitchen bench intact and in good condition before tenant moves in, tenant damages it, takes a photo and says that’s how it was, it will not hold because agent has original photo.
     
  2. skyfury

    skyfury Well-Known Member

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    Best do it now.

    If you do at the end of lease, they may say it is fair wear and damage?
     
  3. hematite

    hematite Well-Known Member

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    As much as I like to be an optimist, this thread has made me realise that there is much that can go wrong between now and end of lease, so hopefully we can get it sorted this coming week.
     
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  4. hematite

    hematite Well-Known Member

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    Following up - Tenant received a quote and baulked at the cost, however acknowledged that they need to fix it, and will do so when leaving. Not an ideal situation, but that's how PM left it.
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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    I'd prefer the damage fixed asap rather than risking further damage or the tenant doing a runner and leaving you holding the baby.

    Leaving it may void a warranty or cause further damage.
     
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  6. neK

    neK Well-Known Member

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    Get the tenant to fix it now.
    While you're at it, get a new PM
    A good PM would not let this happen.
    Be grateful it's happened now and the PM has shown what they are really like.
     
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  7. hematite

    hematite Well-Known Member

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    PM has indicated that they can't do anything to force it to be fixed now.

    Agreed, I have now found out that the PM isn't managing the property but just acting like a middle-man to me with all the issues. Unfortunately, I'm contracted for another 4.5 months with the PM.
     
  8. wylie

    wylie Moderator Staff Member

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    Without reading back, can you claim on your insurance. You know who damaged the door and your insurer would call on them to get the excess, wouldn't they?
     
  9. hobartchic

    hobartchic Well-Known Member

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    The tenant's car insurer should pay this out (car hit garage door). I guess a LL could get their insurer to pursue the tenant. I don't know why this has gone on for so long.
     
  10. Joynz

    Joynz Well-Known Member

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    This question was posted in March 2018! Does seem to be dragging on.
     
  11. hobartchic

    hobartchic Well-Known Member

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    This isn't the responsibility of the PM. You need to follow up with the tenant as it's a car insurance related matter. You may want to get your home and content insurer to contact the tenant though.
     
  12. thatbum

    thatbum Well-Known Member

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    Well it mostly is in my opinion.

    Its damage caused in breach of the tenancy agreement. The PM or LL both have a few options to deal with it, most of which don't need to wait until the end of the tenancy.

    Breaches, termination notices potentially, and financial claims for damage.
     
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  13. D.T.

    D.T. Specialist Property Manager Business Member

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    Would repair it. That way you have invoice and before / after photo to prove yourself in case it happens again.

    Simultaneously pay bill and invoice to tenant for the same amount. Payable in 14 days.
     
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  14. hobartchic

    hobartchic Well-Known Member

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    I certainly would not wait until the end of the tenancy to deal with it. It did occur to me that it could be argued that it is damage breaching tenancy but I would try and resolve the matter via car insurer first as it's likely to be the easiest, and quickest, way to resolve it.
     
  15. wylie

    wylie Moderator Staff Member

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    Landlord couldn't approach the tenant's car insurer though, surely. How would a landlord even know who the vehicle is insured with? Landlord would have to claim on house insurance, provide details of the tenant and house insurer would chase the tenant. That is my understanding anyway.

    No way would I leave it for when tenant vacates. I'd be claiming on household insurance now.
     
  16. hobartchic

    hobartchic Well-Known Member

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    Thankfully I've never had to do a claim like this. If the LL knew who the insurer was, and preferably a claim number, then they could talk to the car insurer about sorting the matter out.

    The car insurer will not usually do anything though unless the tenant has contacted them with the details of the accident and paid their premium. They could also get their house insurer to potentially mediate with the car insurer if that's done and a claim number is available.

    The tenant would need to tell them who they are insurer with. Given enough incentive I'd get on the phones and ring around the majors, just takes time.

    Really, it would be absurd if the LL doesn't know the insurer by now, as it's one of the first things I find out in the event of a car accident (are you ok? name? ph? insurer? rego?).

    I've been in enough car accidents though to know that insurers tend to act professionally.

    If the tenant did not provide me with a claim number within 24 hours of the incident (just need to make a phone call) I would be looking at other avenues. Leaving this matter until the end of tenancy would be unprofessional in my opinion.
     
  17. wylie

    wylie Moderator Staff Member

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    The problem is there wasn't a car accident. It's not like you were both there exchanging licences. If a tenant damaged my garage door as they move in, I'd ask the tenant to claim on their car insurance. If they refuse, I'd be claiming it on my property insurance, giving the tenants details and let the insurers sort it out.

    I would think the tenant would be chased by my insurer to pay my excess, the same as if the tenant hit my car and I gave all his details to my car insurer.

    This is my understanding of how it would work but I'm no expert. But this is what happened when a tenant damaged our house. No vehicle involved of course, but I do know the insurer wanted the forwarding address and details of the tenants and we assumed they would chase them for reimbursement.

    Perhaps @brettc can jump in and clarify this?

    I certainly would not think any insurer would tell me anything over the phone about my tenant, or even tell me if they had insurance through them. They won't even tell me any details about policies that might be in my husband's name if I'm not authorised specifically to speak with them.
     
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  18. hobartchic

    hobartchic Well-Known Member

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    It's not my case. I'm just commenting on the case.
     
  19. hobartchic

    hobartchic Well-Known Member

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    It's considered a single vehicle accident where a car hits an immobile object. I'd do what you say.
    You are correct, unlikely to get details from an insurer. They might, given a careful approach, confirm that they are the insurer for a person though.
     
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  20. wylie

    wylie Moderator Staff Member

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    Sorry, did realise you were only commenting. I'd be quite interested to know what would happen though from @brettc. I'm fairly sure in our case (no vehicle - tenant damaged our house), that we paid an excess.

    Perhaps because the tenants wouldn't have had insurance and I am fairly sure the insurer was going to chase the poor (quite nice) girlfriend for the damage her dropkick partner did, that she probably took a few years to pay it off.

    Perhaps had it been a vehicle and they had insurance we would have not had to pay our excess.

    I'm also fairly sure if you can identify the other driver (and in the case of a tenant whose vehicle IS insured) that the property owner wouldn't have to pay the excess as it would come from the tenant.

    But I don't really know the answer. I just know I wouldn't accept the tenant's assertion that "we'll pay at the end of the tenancy".
     
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