Tenants burnt through verandah

Tenants are moving out, and whilst inspecting the property observed that there is significant fire/burn damage to a section of the wooden verandah. It looks like that a BBQ or firepit wasn't supervised properly and hot coals sat on the wood till it burnt through the deck, and some of the supporting joist is burnt as well. It would have been on fire for a significant length of time (enough time to get down to the joist).

Am I entitled to ask the tenant to pay for the cost of repairs or otherwise rectify ? How does one word a letter stating so ?

Thanks
D

 

You don't need any letter. Just get quotes for repair and then have your PM or yourself deduct the amount from the bond along with any other items.

 

Dear Dogby,
You refer to the ingoing inspection report which the tenants signed and dated.

 

then you get quotes for the repairs etc etc

 

More information: The tenants have claimed that the cause of the fire was due to my BBQ (which I did supply) allowing hot coals to fall out of the bottom. That may be the case, its old, and may have some joints which aren't solid. But the fire must have burnt for (I would guess) many hours. It burnt through the deck down to the joist.
Would common sense suggest that a BBQ must be extinguished before you leave the area ? Or is this an accident ?

Also they did not report the incident when it happend, but had covered it over, possibly hoping I would not notice it.

All advice appreciated

 

Have you tried to see if your Insurance will cover it ? I always advise against having BBQ's on porches or rear decks because of the fire hazard and it normally stains the ceiling above it.

 

Insurance excess is $1000 which is about how much it will cost to fix

 

Oh, well, that's a bummer then, If they knew the BBQ was faulty, you got to ask why they used it in the first place? Can you actually confirm what they said is true ?

 

This is the BBQ in question: It has a flimsy aluminum tray which is meant to catch and contain hot coals and burning embers .

Resized_20201109_165134 by Dogby posted 10th Nov, 2020 at 12:42 PM

 

Dogby, Based on the faulty BBQ being supplied with the property I don't think the tenants are liable. Why on earth would you provide a BBQ in a rental property unless built in?

 

Any fool who lights a kettle BBQ on a timber deck should be paying to repair the damage they caused. Imagine if they used the oven to heat up 3litres of petrol and said they werent liable since its your oven.

 

It's common throughout Qld to have BBQ's in holiday rentals on the back or front porch but I've only ever seen the large gas bottle types though.

It's a tough one, you could try to ask for half of what needs to be spent. The deck looks fairly old too.

 

Bad planning on my part.

yes it is, but doesn't give one the right to burn through it.

I can argue the tenants are negligent by not supervising the lit BBQ, they can argue that my BBQ is at fault for allowing burning embers to escape.

 

It doesn't look like it has been oiled for a while either. Insurance won't pay out regardless of the excess.

 

Whilst I don't disagree with the ludicrous suggestion, if a landlord left 3 litres of petrol in the kitchen and a stupid tenant chose to heat it up in the oven, the question of liability would still be open to the courts to decide on liability .....................

 

Why wouldn't it be covered ?

 

The deck has not been installed correctly because it is upside down so the water can collect and rot it plus the fact that it has not been maintained because it looks like the deck has never been oiled. Any insurance assessor would have a field day on that.

 

But surely the fact that someone burnt a hole in it means maintenance is a bit irrelevant? It would have burnt through a well maintained deck too?

 

You cannot insure a faulty installation. It would also depend on if you had accidental damage cover in your policy.