Tons of damages caused by tenants; where do I start chasing for $$?

Discussion in 'Legal Issues' started by chunho01, 5th Jan, 2022.

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  1. Paul@PAS

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

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    That difference and inability to agree may mean they need to reasonably consider paying some element of a claim. Push it and avoid detailed specifics leaving the issue open for them. Most try it on and back down and its important to avoid being too stubborn or giving in easily. Stick with the logics and issues. Failure for them to reasonable consider the policy terms means a AFCA complaint could have success. Sometimes a solicitor being involved can also act as a caution for them.

    Remember a insurer will always deny claims IF they can. Dispute it then negotiate it up is their game. But they wont want to deny something that can later be thrown at them.

    If the policy definitions of the different types of damage is not well described you can ask for their explanation of their decision in writing. Tell them you need it for the AFCA complaint you propose to lodge and that you will allege they arent following policy terms. Dont tell them why. Let them consider that.
     
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  2. Elle Ar

    Elle Ar Well-Known Member

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    I don't know whether that is any consolation, but repairs like this are tax-deductible. I'm 99% sure polishing floorboards is a repair.

    Back in the day I got a private ruling on polishing and painting a concrete floor and that was a repair as well according to the ATO. I found polished painted concrete was a great, cheap floor covering due to that tax treatment, but it depends on your marginal rate.
     
    Last edited: 6th Jan, 2022
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  3. Paul@PAS

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

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    But replacing carpets, kitchen appliances etc wont be repairs. Depreciable at best. Paint, broken glass, sanding and resurfacing, partial replacements (eg benchtop of kitchen, a door , re-gyprock ) are all repairs in nature and there should be zero need to consider wasting the ATO time with a ruling. Their public ruling already is clear. Small appliances like broken fans, missing or broken smoke alarms, doorbell etc a light cover or all of them etc can be written off and dont need depreciation. . best evidence is photos before fixing.

    caution - avoid doing a reno at same time as tenancy repairs.
     
  4. chunho01

    chunho01 Well-Known Member

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    Just an update on whoever is still interested in the outcome. Insurance agreed and finalised the claim. Approx $10k, then deduct the excess. Overall a good result.
     
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  5. The Y-man

    The Y-man Moderator Staff Member

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    Good to hear.
    Makes all the premiums you paid worthwhile for a "forced reno" huh? :)

    The Y-man
     
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  6. Paul@PAS

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

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    What lessons did you learn ?

    Typically the big one is making sure the PM does inspections on entry and regularly. Retain evidence of everything so you can challenge an insurer.
    I'm also a big fan of the "drive by" REA inspection on top. ASK for it. Doesnt take much effort in their local area. Every few months a drive-by to see if the place is well maintained. If it isnt its time to check inside. With notice.
     
  7. chunho01

    chunho01 Well-Known Member

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    Definitely this. And plenty of clear photos, just keep taking them. It's practically free with today's tech. The photos were the deciding factor in my claim.