QLD Smashed glass - who should pay?

Not sure where I stand on this so grateful for thoughts on who is responsible - me or our tenant.

Property manager has contacted me with a maintenance request for a house I own in Brisbane.

“Glass sliding door on balcony has come off tracks and hit bricks and has smashed the glass”

My initial response is that a lot of force must have been used to smash the glass even if the door had come off the tracks and feel that it’s a tenant responsibility.

However want sense check with pother landlords before responding?

Thanks

 

Why/how did the sliding door come off the tracks?

Glass is easily broken if it is impacted on the flat side so I expect it would break if the door fell out.

However, a door wouldn’t usually come off the tracks (aluminum sliding doors generally need to be lifted up first to clear the bottom track - but there are types that might be designed differently).

If it came off the tracks because the rollers are worn etc, then it is your responsibility. If someone lifted it out for some reason and dropped it, then not your responsibility (but hard to prove).

 

Thanks they’re good questions which I’ve sent to my property manager.

 

it's a hard one to prove if the tenant did break it. how has the tenant been during the lease? you get a lot of wear and tear maintenance requests that would make you suspect the tenant is heavy-handed with things? how old is the door? unless the tenant says they broke it unfortunately without proof they broke it would be your responsibility to repalce.

 

It's also a security issue so needs to be addressed quickly.

 

The trades can often provide an informed opinion on the cause of damage.

I don't think the Glazier will be much use in this case, but a Handyman who goes to inspect/repair the rollers will be able to advise. If the door is properly adjusted with no roller faults it might indicate the tenant was rough with it, but there could be failed rollers and an adjustment that indicates the door had to be pushed hard, and then could have lifted off its tracks and out?

 

1. Lessor/Agent has a primary obligation to ensure the property is safe and maintained to live in in, in this regard, you need to fix it, and ASAP. [RTRA s 185 (2) (a-c)]

2. If it's accidental, or even remotely accidental, unless the Tenant voluntarily agrees to pay some or all of it, you'll probably end up wearing the cost lest you've got landlords insurance and they cover the damage and then there's only the excess which again, you could re-approach the Tenants to compensate some or all.

3. If the Tenant did maliciously damage then seek the cost/excess outright in the first instance, if uncooperative you will then need to proceed with dispute resolution through the RTA and/or later if required QCAT for compensation. [RTRA s 188(2,3) (2)]

 

Thanks for all the replies. This is the first time something like this had happened so appreciate the clarity your replies have brought

 

I would pay but next rent renewal up it a bit as they appear a bit heavy handed.

 

I’d be checking the property for any other damage.

I reckon a lot of force would be needed to get door off track and smash into bricks.