Vandalism and Bond

Discussion in 'Property Management' started by RB1818, 2nd Oct, 2016.

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  1. RB1818

    RB1818 Member

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    WA
    My daughter has just vacated a rental, and I am hoping someone can provide advice on two mattters relating to the bond

    External malicious damage occurred a few weeks prior to vacating. A police report was filed, the person caught, and currently awaiting trial. The chances of retrieving the money from the perpetrator are slim. The landlord advised that his insurance company stated that the bond must first be used to pay for the damage, and insurance will pay the rest (apart from the excess). Is this normal - that the tenant will essentially lose the bond if criminal damage to which they played no part occurs?

    Carpets are about 1 year old (daughter was in rental for 6 months), and show furniture indentations, as well as some 'scuff' marks. It has been professionally cleaned but the idents have not risen. The landlord wants new carpet. I think this to be unreasonable, given that the marks have not been caused by negligence. Floors are intended to have things placed on them and, judging by the marks, using cups would have resulted in cup-shaped dents

    Appreciate any advice on these
     
  2. Marg4000

    Marg4000 Well-Known Member

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    I would challenge both decisions at the rental tribunal.
    Marg
     
    Terry_w likes this.
  3. D.T.

    D.T. Specialist Property Manager Business Member

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    Bond can't be used for either of those.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    As per @D.T.

    Carpet is wear and tear.
    External damage is the owner's issue not the tenant's to rectify.

    I assume that the owner is self-managing, lodge a claim with consumer affairs.
     
  5. Joynz

    Joynz Well-Known Member

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    Owner needs to claim on their landlord insurance rather than try to gouge it from your daughter.
     
  6. RB1818

    RB1818 Member

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    Thanks All for the advice

    it does seem unreasonable for the tenant to be liable for something they have no control over and (I expect) cannot insure against.

    I will get her to take it up with consumer affairs, or bond arbitration