Tribunal Outcomes for Damages

Discussion in 'Property Management' started by Coen, 5th Apr, 2021.

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  1. Coen

    Coen Well-Known Member

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    When going to tribunal to claim compensation for damages, has anyone been awarded compensation based on quotes of work not yet done?
    Or has compensation only been awarded to you in situations where the repairs have actually been completed and invoices/receipts presented.
     
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  2. ChrisDim

    ChrisDim Well-Known Member

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    Both but it depends on the day, the member, the circumstances... the safest of course is to present invoices as opposed to quotes as invoices cannot be disputed.
     
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  3. Michael Mitchell

    Michael Mitchell Well-Known Member

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    Interesting, originally, my thoughts were you could only claim compensation for something that has actually happened, eg. a repair that has been undertaken. So in this case, the Tenant made two small stains on the carpet, the Lessor replaced the carpet, and we sought the loss using the principal of betterment applied (about a third of the replacement value based on size and age of the carpet etc), the Adjudicator gave myself and the lessor a 'light dressing down' that apparently you don't go and get the carpet replaced every time there is a little stain, I brought up the above point about quotes vs. invoices, and the Adjudicator said seeking compensation off quotes was perfectly fine (this isn't my first rodeo, and that was news to me, and it's on the record so we can use it as precedent now, which is good) [ps. I'm definitely not anything lawyer-y, so probably don't even know what I'm talking about haha, @thatbum could probably offer some advice :) ]

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  4. thatbum

    thatbum Well-Known Member

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    Yes legally there's no issue with making a claim for damages even though the damage hasn't been fixed or a replacement installed yet.

    I've seen the incorrect position trumpeted a lot by property managers for some reason. And even a few tribunal members or magistrates suggest it.

    Think about it applied to a motor vehicle accident claim. If someone writes off your car, its not like you can't make a claim if you haven't yet bought a new car, or bought the exact same car as replacement.
     
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  5. Perthguy

    Perthguy Well-Known Member

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    I had a disagreement with the registrar in Perth during voluntary mediation. The registrar insisted I could only make a claim for costs incurred in repairing damage, not based on quotes to repair the damage. I had photographic evidence of some of the damage, which the registrar and tenant laughed at.
     
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  6. Coen

    Coen Well-Known Member

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    Did you have to give up? Or did you go on to Tribunal? What was the outcome?
     
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  7. Mel Morgan

    Mel Morgan Sydney Property Manager Business Member

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    In NSW I have had a tribunal member compensate based on 3 quotes for painting, they ended up awarding 50% of the lowest quote to account for wear & tear over 2 years.
     
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  8. Tom Rivera

    Tom Rivera Property Manager Business Member

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    Our local tribunal members have insisted over the years that I've been involved in cases that they will not consider quotes- the work must have been carried out.
     
  9. Perthguy

    Perthguy Well-Known Member

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    I was out of time, so I took a low settlement and got out of there. Took about 5 hours. To go to the Court I would have had to come back another day and I wasn't prepared to do that. I guess I was just a bit shocked that the registrar would be so blatantly pro-tenant and laugh when the tenant admitted to destroying furniture.
     
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  10. Coen

    Coen Well-Known Member

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    :eek:
     
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