What constitutes fair wear and tear?

Discussion in 'Property Management' started by hematite, 29th Mar, 2019.

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  1. hematite

    hematite Well-Known Member

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    Agent claims that this is fair wear and tear (property has only been lived in for 1 year, and place was brand new before tenant). What do you think?

    I can caulk it at the end of the day, but interested to see how much tenants can get away with in terms of wear and tear.
    20190328_231948.jpg Capture.PNG
     
  2. Simon Moore

    Simon Moore Residential & Commercial Mortgage Broker Business Member

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    Do you think the tenants did it deliberately or neglegently?

    Looks like a bad build, rather than wear and tear.
     
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  3. PurpleTurtle

    PurpleTurtle Well-Known Member

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    Agreed. As a tenant, I'd be wondering what the landlord thought I'd done to cause it.
     
  4. hematite

    hematite Well-Known Member

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    Plasterer said it happens when doors are slammed.

    Other 5 sliding doors are all fine.

    It can be caulked, and not a major issue, just good to know what to expect under the 'wear and tear' definition.
     
  5. ChrisDim

    ChrisDim Well-Known Member

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    That is not wear and tear. it looks like the building settling to me, so the tenant cannot be held liable. To be honest, that is very little compared to some of the building cracks I've seen on new buildings.... If that's all you've got, you should be happy.
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Absolutely scandalous, how dare a tenant use a door so often that it causes the paint to crack. :mad:

    Why isn't there a flexible jointing material between the jamb & the wall?



    upload_2019-3-29_14-47-13.png

    Of more importance, how did they scratch the powercoated frame?
     
  7. Mel Morgan

    Mel Morgan Sydney Property Manager Business Member

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    Maybe the tenants tried to pull open the door while it was locked, maybe it was slammed, but its all part of general day to day of someone living in a property, which I guess is the definition of wear and tear. The issue lies in the construction of the property and the adhesion of the frame to the wall.
     
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  8. Michael Mitchell

    Michael Mitchell Well-Known Member

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    I've seen frames around opening doors broken etc from being slammed or "the wind blew it shut", but that looks like a sliding door? Unless they've tried to reef it open whilst it's been locked, I wouldn't say an action of the Tenant has caused that. Regardless, this sort of thing is difficult to prove at the tribunal - he said she said, each has their own 'expert reports', etc.
     
  9. Marg4000

    Marg4000 Well-Known Member

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    Wear and tear.

    You can’t expect any property to remain pristine and “as new” forever.
    Marg
     
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  10. hematite

    hematite Well-Known Member

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    Thanks all. There was caulking already there. Will just rip it out and re-seal.

    Yeh, I wouldn't bother taking this further, given it's quicker to fix myself and pay $10 for the caulk.
     
  11. Marg4000

    Marg4000 Well-Known Member

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    If that is the only damage after 12 months you have done very well.
    Marg
     
  12. dabbler

    dabbler Well-Known Member

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    lol...is that your one big problem ....

    You just wait......if you really think it is worth worrying about, contact the builder maybe.

    A tenant has to be able to use the place, I bet you would not be taking the blame if it happened when you were living there, sometimes you have to step back, take any emotion out, and evaluate, maybe imagine that is was your parents you lent the place too.
     
  13. hematite

    hematite Well-Known Member

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    Unfortunately not, the other items amounted to $800+ but are being sorted out.

    Not a big problem at all. As I said, I was calibrating on what constitutes fair wear and tear - one needs to learn, and this community is great at sharing knowledge.
     
  14. Joynz

    Joynz Well-Known Member

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    This is likely a building issue.

    The wrong type of caulking may have been used (use one with more ‘give’ next time).

    Or the door frame may not be attached to the wall studs securely enough and has shifted.

    Or the timber framing creating the opening may have shrunk or twisted slightly - timber does that.
     
    Last edited: 30th Mar, 2019
  15. thatbum

    thatbum Well-Known Member

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    The best way to learn is to ignore the term completely - "fair wear and tear" isn't even part of any of the applicable legislation or law.

    You need to think instead about how the damage was caused. Was it intentionally or negligently caused by the tenant? Negligence can be mostly thought of as one of the tests below.

    Did the tenant do something they reasonably shouldn't have done, which lead to the damage?

    OR, did the tenant not do something, which they reasonably should have done, which lead to the damage?

    So applying that here... What did the tenant do or not do, that lead to the damage? What should they have done instead?
     
  16. hematite

    hematite Well-Known Member

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    It's double brick on concrete slab. They brick in around the door afaik.

    Thanks - that's great to know. In this case, hard to tell.
     
  17. Joynz

    Joynz Well-Known Member

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    Ok so if the door frame is attached directly to the double brick with no wood involved, it won’t be that.

    It could be that the brickwork isn’t plumb. I still tend to think it’s a caulking issue. Normal ‘gap filler’ shrinks over time.
     
  18. dabbler

    dabbler Well-Known Member

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    That is fair enough, unless the tenant been slamming the thing home and you can prove it, then it is just the building or build.
     
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  19. Tom Rivera

    Tom Rivera Property Manager Business Member

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    It's a fair question, but I completely agree that there's no way this could be held up as tenant responsibility.

    Also, @thatbum, can you explain your point a little more to me? Our understanding has always been that there is an 'allowance' as such for the amount of 'damage' that could be expected to occur 'naturally' to a house during the normal course of living, whilst otherwise still taking reasonable precautions not to negligently or purposefully cause damage.
     
  20. MyPropertyPro

    MyPropertyPro REBAA Buyer's Agents Sutherland Shire & Surrounds Business Member

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    You do see that a bit! Slide it shut, lock it, give it a pull to test it is locked. Over time can contribute to this kind of thing.

    - Luke
     

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