VIC Who's resposibilty to fix?

Discussion in 'Property Management' started by raj_27, 6th Aug, 2019.

Join Australia's most dynamic and respected property investment community
Tags:
  1. raj_27

    raj_27 Well-Known Member

    Joined:
    13th Jan, 2016
    Posts:
    117
    Location:
    Melbourne
    We have a towel ring in my house which I am tenant at, which doesn’t spin in its hole and sticks up or sideways. When this happens, this is on the way of door opening path. My son opened the door and it hit the ring and it has damaged the plaster behind it. This ring being faulty and sticking sideways and being on the door way I thought this was not our fault and landlord needs to fix. Please attched photo


    I tried explaining this to property manager and she is hardly paying attention to what I am saying, and claiming that I should fix it as I caused the damage.


    What do property managers here think? Do you think it’s my responsibility to fix? If not, what are my chances at VCAT?
     

    Attached Files:

  2. Michael Mitchell

    Michael Mitchell Well-Known Member Business Member

    Joined:
    17th Sep, 2018
    Posts:
    527
    Location:
    Brisbane
    Roll of the dice really, if you've got evidence you reported the maintenance issue to the Lessor/Agent and then this occurred by accident after a reasonable time passed where the Lessor/Agent had the opportunity to rectify it, I think you'd have a fair chance of not being liable for the damage or only partially etc. At the end of the day, at least the quantum of the problem is only a small amount of money..
     
    Perp, PMC Property and raj_27 like this.
  3. raj_27

    raj_27 Well-Known Member

    Joined:
    13th Jan, 2016
    Posts:
    117
    Location:
    Melbourne
    Micheal never reported maintance as i wasnt aware of the issue.
     
  4. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    11,100
    Location:
    Sydney
    Pretty stupid place for a towel to hang BUT...Tenant damage.. Buy a new towel hanger that has a larger wall connection so it covers the damage :)
     
  5. raj_27

    raj_27 Well-Known Member

    Joined:
    13th Jan, 2016
    Posts:
    117
    Location:
    Melbourne
    Sure is a stupid spot. I was recommended not to repair myself unless I am a tradesman.
     
    robboat and Michael Mitchell like this.
  6. marmot

    marmot Well-Known Member

    Joined:
    23rd Jan, 2018
    Posts:
    1,048
    Location:
    N.S.W , W.A
    Towel ring is not working as its designed to do .
    There for towel ring is faulty , and placement is all wrong
    So really it should be replaced or moved to an area where its not going to impede on the opening and closing of the door.
    Owners job to fix.
     
    Perp, Propertunity, raj_27 and 2 others like this.
  7. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    7,332
    Location:
    Brisbane
    No way would I expect my tenant to fix something that is in the wrong place and is faulty and doesn't do what it is meant to do.

    I say the owner fixes this.
     
    Hetty, robboat, Perp and 6 others like this.
  8. raj_27

    raj_27 Well-Known Member

    Joined:
    13th Jan, 2016
    Posts:
    117
    Location:
    Melbourne
    My thinking exactly. I like to apply for VCAT just to prove my point, but something tells me it's not worth the hassle.

    Other thing was when I told them I don't want that to be reinstalled in the same spot. They are disagreeing and telling lies about landlord living in the house for long time and not damaging.and I was told it has to be reinstalled. I have mentioned that it's all a lie and I know landlord never lived here.
     
    Michael Mitchell likes this.
  9. bunkai

    bunkai Well-Known Member

    Joined:
    28th Jun, 2015
    Posts:
    644
    Location:
    Sydney
    I think the practical approach might be to tell them the ring is in the wrong palace and conflicts with the door. When it turned freely this avoided damage but now it doesn't and you would like them to fix it. If they don't fix it then wait until the end of the lease and let them take you to vcat (which they won't).
     
  10. raj_27

    raj_27 Well-Known Member

    Joined:
    13th Jan, 2016
    Posts:
    117
    Location:
    Melbourne
    That looks like an excellent Idea as I am intending to vacate in month and half times. I thought they can claim the repairs through my bond.
     
    Michael Mitchell likes this.
  11. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    7,332
    Location:
    Brisbane
    I'd be lodging for your bond return before they lodge for it. I don't know if things have changed, but it used to be (Queensland) that whoever got in first was in a stronger position as the one lodging second had to prove their case, and that could include paying to take you to QCAT if they felt the need.
     
    raj_27 and bunkai like this.
  12. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    4,445
    Location:
    Melbourne
    yep, stupid place to put a towel device, poor design of the house

    id be telling my PM that its the LL responsbility for hte damage for the crappy design, and not letting them push you into blaming you
     
    raj_27 likes this.
  13. raj_27

    raj_27 Well-Known Member

    Joined:
    13th Jan, 2016
    Posts:
    117
    Location:
    Melbourne
    I thought we both have to sign to lodge a bond return. I am new for renting so its new for me.
     
  14. raj_27

    raj_27 Well-Known Member

    Joined:
    13th Jan, 2016
    Posts:
    117
    Location:
    Melbourne
    I told them exctly that and they dint agree. I thought for couple of hours work, i will just reapir and paint it and stop the arguments. when i asked if it was OK to do that. They are insisting that i should have a tradesman do that rather than me and also i have to install the ring back. This p**ed me and now i am going to argue that its their problem to fix.
     
    wylie likes this.
  15. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    7,332
    Location:
    Brisbane
    I've not had any bond issues for many years, but it used to be (Queensland) that the tenant (or the owner, or property manager) can lodge the form signed just by the lodging party. Check this out before you get to the end of the tenancy.

    (When you think about it, if a tenant abandons the property, they will not be signing the same form lodged by the owner or property manager, hence it can be lodged with just one signature, and the RTA will follow it up from there.)
     
    raj_27 likes this.
  16. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    7,332
    Location:
    Brisbane
    If you are leaving in six weeks, I'd just fob them off and then get that form lodged before they do it. (But please check the rules for lodging for return of the bond in your State, as they may differ.)
     
    raj_27 likes this.
  17. Lil Skater

    Lil Skater Well-Known Member Business Member

    Joined:
    18th Jun, 2015
    Posts:
    857
    Location:
    Melbourne
    Bond can be released with a VCAT order or via tenant agreement. Next year we will follow a similar system to QLD.

    It seems a really stupid spot to put the thing, and I think it would be reasonable to relocate and repair. If it broke again due to misuse then tenant damage.

    Ie. My son accidentally knocked our towel rail out of the wall and damaged the plaster. Simple accident, but not a design flaw or fault of the rail itself.
    But if I hung a towel on it and it fell off the wall, I would expect that given its a fault would be the owners responsibility.
     
    raj_27 and Michael Mitchell like this.
  18. raj_27

    raj_27 Well-Known Member

    Joined:
    13th Jan, 2016
    Posts:
    117
    Location:
    Melbourne
    Sorry I dint quite understand. You agree its design fault and owners resposibility?
     
  19. Lil Skater

    Lil Skater Well-Known Member Business Member

    Joined:
    18th Jun, 2015
    Posts:
    857
    Location:
    Melbourne
    I think reasonable steps should've been taken to avoid it, but I think it's a design fault and it should be removed, repaired and relocated.

    Bond processes can be drawn out with VCAT, without knowing what kind of PM/owner you're dealing with you might look into the suggestion of buying one where the base covers the hole and hey presto. But if you are okay to wait and want to prove a point, then you could do just that. Really up to you how to play it.
     
    raj_27 and wylie like this.
  20. PMC Property

    PMC Property Sydney, Brisbane, Newcastle, Toowoomba

    Joined:
    1st Jul, 2015
    Posts:
    1,193
    Location:
    Australia
    In a word - yes. Are you saying this is the first time it ever happened that the ring didn't spin and got stuck up sideways? Your original post seems to suggest it has happened before. You said "when this happens" which suggests it has happened before and more than once. If you hadn't reported it, regardless of poor design, I believe you then bear some responsibility.

    Having said that, given the poor location, a PM that takes that extra step in the problem solving department might or should use it as an opportunity for a win win ie. Shift it to a more appropriate place, repair the wall, and split the cost 50/50.

    - Luke
     
    Perp likes this.