VIC Who's resposibilty to fix?

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?

 

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..

 

Micheal never reported maintance as i wasnt aware of the issue.

 

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

 

Sure is a stupid spot. I was recommended not to repair myself unless I am a tradesman.

 

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.

 

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.

 

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).

 

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.

 

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

 

I thought we both have to sign to lodge a bond return. I am new for renting so its new for me.

 

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.

 

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.

 

Sorry I dint quite understand. You agree its design fault and owners resposibility?

 

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.

 

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