Vandalism/Tenant Neglect or System Failure?

Discussion in 'Property Management' started by Scott No Mates, 18th Sep, 2018.

Join Australia's most dynamic and respected property investment community
Tags:
?

Who is responsible for the following damages to a property?

  1. Snapped toilet seat - tenant

  2. Snapped toilet seat - material failure

  3. Cracked cistern - tenant

  4. Cracked cistern - material failure

  5. Skirtings coming off walls - tenant

  6. Skirtings coming off walls - material failure

  7. Cracked floor tiles - tenant

  8. Cracked floor tiles - material failure

  9. Knuckle broken off gate hinge - tenant

  10. Knuckle broken off gate hinge - material failure

Multiple votes are allowed.
Results are only viewable after voting.
  1. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,245
    Location:
    Sydney or NSW or Australia
    Recently I've come across a few interesting situations on property inspections where owners are pointing fingers in certain directions (or would like to):

    • Broken (snapped) solid plastic toilet seat (Pressalit style) - I'd never seen one of these snap.
    • Crack in ceramic lid of toilet & toilet bowl
    • Skirtings coming off walls
    • Cracked floor tiles on veranda/missing tiles on vertical apron
    • Gate hinge cracked

    I'll let you know shortly :p
     
  2. SeafordSunshine

    SeafordSunshine Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    1,002
    Location:
    Sydney
    Excellent subject area!
    Q1. Are we allowed to know the age of the fittings and fixtures?
    thx.
     
    Joynz likes this.
  3. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,245
    Location:
    Sydney or NSW or Australia
    As a guide, the age at failure:
    1. Less than 5 years
    2. About 20 years (hairline crack through glaze)
    3. About 10 years
    4. About 15 years
    5. About 20 years
     
    EN710 likes this.
  4. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,755
    Location:
    Melbourne
    So, all pretty old except the toilet seat.
     
  5. EN710

    EN710 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    3,218
    Location:
    Melburn
    This is fun :)

    Posted my vote
     
  6. Bill Williamson

    Bill Williamson Well-Known Member

    Joined:
    28th May, 2017
    Posts:
    77
    Location:
    Perth
    why would skirtings coming off walls be a tenants fault? these easily detach due to moving foundation.
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,245
    Location:
    Sydney or NSW or Australia
    There are no structural issues with the building. Skirting comprises 2 x 1m lengths on a landing.
     
  8. neK

    neK Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,842
    Location:
    Sydney
    I just saw this part... but can't change my vote. :(
    Given the age, id say it's all wear and tear.
    If under 12 months old, I'd point at the tenant
     
    Tom Rivera likes this.
  9. HUGH72

    HUGH72 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    3,022
    Location:
    QLD
    Tenant may be responsible for some of these or perhaps all. Doesn’t matter, first rule is landlord will be paying.
     
  10. marmot

    marmot Well-Known Member

    Joined:
    23rd Jan, 2018
    Posts:
    1,215
    Location:
    N.S.W , W.A
    Or poorly built or cheap fittings used.
     
  11. Bill Williamson

    Bill Williamson Well-Known Member

    Joined:
    28th May, 2017
    Posts:
    77
    Location:
    Perth
    I've lived in houses where skirting has come away from the wall and there was no other structural issue.
     
  12. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,849
    Location:
    Perth, WA
    Yeah I don't really think this is the right way to determining who is liable for the damage.

    "What" the damage is doesn't legally determine liability - its the cause of the damage that does. And it can really vary by situation and item.
     
    wylie and Tom Rivera like this.
  13. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,245
    Location:
    Sydney or NSW or Australia
    @thatbum - rarely does the PM understand the cause of the damage other than 'it was in working order when the tenant moved in as evidenced on the ingoing inspection report'.

    I'd agree that without context, it's only a guess - that's why I posted it.
     
  14. Tom Rivera

    Tom Rivera Property Manager Business Member

    Joined:
    1st Jul, 2015
    Posts:
    2,718
    Location:
    South East Queensland
    100% agree with both above posts. Best way is to get a professional to report on the likely cause, though realistically a clever tenant will get away with all these things unless it's really obviously been damaged by them.
     
  15. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    As first order of business, I remove all, toilets and seats, doors, yards and power and sewrage.....and hot water, this negates most problems :):):)
     
    mikey7, Davothegreat and luckyone like this.
  16. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,245
    Location:
    Sydney or NSW or Australia
    The key to all of the above 'failures' was either lack of maintenance or system failure - adhesives fail, lack of grease/oil on hinge (combined with a bit of building movement), toilet seat snapped when sat on (not seen that one before but I heard it).

    Some things may last forever, others just give up unexpectedly.
     

Price Accounting provide tax services and advice to developers on issues incl GST, Tax + Structure. Our free developer toolkit covers many of the key elements and is critical to a new development tax plan. Email for your copy and our new client pack.