Why do I have to pay???

Hi Forum, I just received a email from my PM saying that I need to pay tradies for work they did on my unit 4 months ago. The neighbours washing machine overflowed and water poured into my unit and flooded the carpet. My PM called in a carpet cleaner to steam clean the carpets and dry them. Apparently, the tenants next door are contesting payment and taking the matter VCAT. Their agent claims that I should pay and then get reimbursed by VCAT once the matter has been settled or that the landlord from next door will repay me if they win at VCAT. As our neighbours were responsible my intital reaction is why should I have to pay? My agent says I have no choice.

 

What was the value of the damage / cleaning? If it was an insurance claim you likely could have passed the excess onto the other unit and the insurer would have likely sought reimbursement for their claim from them too.

As the PM I would have tried sending the bill to that unit first.

Why is it only coming up now from 4 months ago? In the position you're currently in I think you're going to have to pay it then seek reimbursement. Would have been better to navigate the situation better though.

 

You contracted (thru the agent) the tradies so you are liable. You can try to chase up the other party before or after you pay.

 

It's your rental property that got flooded and if a property is unlivable the onus is on the owner to rectify the condition. You cannot reasonably wait for months waiting for the next-door neighbour to come and dry the carpets for you. You could lose the tenancy in that time let alone compensating the tenants for work not being done.

The fact that it was the next-door neighbour's fault that the washing machine had caused the flood is a legal issue between you and them and has nothing to do with your tenants who deserve to have livable condition in the property.

 

I am checking the cost now. I didn't go through insurance as it seemed a simple case of just having the carpet cleaned and dried. I assume the bill did go to the other unit and that they refused as they decided to go to VCAT but will check. I thought it was all sorted and left it with my PM - will not assume anymore.

 

The carpet damage was minimal and the tenancy was not interrupted at all, I think you misread the post. The drying occurred within days but I was only just notified that the bill was not paid and that I should pay it. I look after my tenants to the best of my ability and always ensure that I fix any problems ASAP. I was just after some advice about whether I should pay it. I have not involved my tenants in anyway and am prepared to pay and be reimbursed I was just not sure why I should have to given it was not my tenants error.

 

Ok, thanks for the reply I will talk to my PM.

 

step back and think about it for a second, try putting yourself in his/her shoes.

tradie - he was hired by your PM to work on your property and by the sounds of it he did the job required. why should he have to wait around for payment??? have a bit of respect for his time, effort and profession. pay the poor guy and hopefully u get reimbursed by the neighbour.

 

As I said earlier I am prepared to pay and I didn't suggest otherwise but posted just wanting advice on this matter. I don't understand why it does not come under my neighbours insurance and I was under the impression I did not have to pay as this was never suggested. What incentive does the neighbour have to reimburse me once I have paid?

 

the tradies invoice after being contracted by you/your PM and the neighbours liability are 2 separate items.

you're right, maybe the neighbour will refuse to pay or make things difficult but that has absolutely nothing to do with the tradie who was hired by your PM to do work on your property. he/she has no legal standing to get the money from the neighbour and shouldn't have to waste their time chasing it either. that's between you and the neighbour.

I really have no way of making this any clearer whatsoever

 

@sandj try

Pay the tradesman then sort it out with the neighbour

 

As you've agreed, the agent should have paid when the bill falls due/there's money in your agent's ledger/paid by yourself directly.

Should this be a body corporate issue?

 

You pay because you authorised work to be carried out, why would it become th e workers problem ? you then chase it up (or your agent does)