Accidental Damage vs. Wear & Tear

A common query we often hear from people including Landlords and Tenants is “What is accidental damage and how is this different to malicious damage, deliberate damage and/or Wear and Tear?”. 

This is a great question! 

Accidental Damage

In the marketplace, some Landlords have unrealistic expectations that their property will remain in exactly the same condition at the end of the lease as when their Tenants first move in. This is not a realistic expectation as wear and tear on a rental property will inevitably occur over time. 

From an insurance perspective, it is important to know the differences and the definitions of all the types of damage and wear and tear: 

  

Accidental Damage: An unexpected or sudden loss. This is generally something that is an accident and not planned, or intentional. Examples may include spills on carpet, damage to furniture, kids writing on walls – it was an accident, but there is damage from the accident. 

 

Malicious Damage: Damage which was motivated by spite, malice or vindictiveness with the intention of causing damage. Examples may include holes kicked/punched in walls and doors, graffiti and doors knocked off their hinges. A police report is required for malicious damage claims. 

 

Deliberate Damage: An act that will alter the current state of an item; however, the act is carried out without any spite, malice or vindictiveness. Examples may include putting picture hooks into walls without permission – this is not a vindictive act, it is however a deliberate action but generally with the intent of making the property more homely. 

 

Wear and Tear: Damage which occurs naturally and inevitably simply because people reside in the property. Wear and tear occurs just as much in an owner-occupied property as it does in a rental property. Examples may include scuff marks on walls, carpet in walkways appearing worn, small marks on lino to name a few. 

Wear and Tear

Another area of contention can sometimes be poor housekeeping. This is where a tenant maintains a property in a condition or standard which is lower than the Landlord’s expectations, but where no damage has occurred. This can include tenants who do not clean up after themselves, who don’t ventilate their home, who don’t regularly clean areas such as carpets, ovens and bathrooms etc. 

Wear and tear and poor housekeeping are not generally covered in an insurance policy, even where a property may be brand new prior to being occupied by tenants. A Property Management company can monitor this during routine inspections and outline to the tenants at the outset of the lease expectations of cleanliness, maintaining the property etc. Agents will also ensure that tenants are made aware that any damages or maintenance needs to be reported to the property management office immediately and that these are rectified in a timely manner. 

Landlords should expect fair wear and tear to their property, as would happen in any home that is being lived in. 

One of the main reasons Landlords confuse wear and tear for accidental damage is because after leasing their property they often don’t see it again until the end of the rental agreement. This is why it is important for your Property Manager to carry out regular inspections and advise you on the property’s upkeep. 

 

Questions? Leave a comment below to have your question answered.

 

Below is a number of videos concerning Accidental Damage and Wear & Tear

 

815 Responses to “Accidental Damage vs. Wear & Tear”

  • Karina Kay says:

    Hi, we have just recently moved out of a rental property and we accidentally left a mark on a wall in the lounge caused by a recliner chair. We didn’t know it was there till 1 day before moving. We take full responsibility for this however the realestate agent claims all walls need to be repainted but only marked on 1. By law does the whole area need to be paid for or just that 1 section?

    • Bec Reid says:

      Hi Karina, Thanks for your question. It is our opinion that only the wall needs to be rectified where the damage is, not all walls. All the best with your situation. Bec

  • Kylie says:

    We have lived in a newly renovated property for 1 year.a month after moving in a handle in the kitchen fell off and the toilet roll holder became loose. These were pointed out during inspections but not fixed/ we are 2 young girls who are not handy. The landlord is now asking us to pay for repair. Additionally a thin metal beam that sticks out of an old outside storage area has been bent. We have no idea how this has happened as we didn’t use the storage area and haven’t had any vehicles high enough near it, but it is beside an an easement driveway to a property behind ours and we have seen delivery vehicles use the driveway, and there are a lot of large tres that overhang the property. We feel that these issues relate to maintenance and shouldn’t be our responsibility-is this the case. The agent, who has praised us for how clean and tidy we kept the property has told us they think the landlord is being unreasonable. What should we do?.

    • Bec Reid says:

      Hi Kylie, thanks for your question. I’m sorry you are experiencing this. The first couple of items seem like the builder either used cheap fixtures and fittings or didn’t install them well. It’s a simple fix for someone to come and tighten. The bent metal beam seems like it was knocked by someone else, but why is it there in the first place? Why hasn’t it been appropriately cut/sheared off if it sticks out and has potential to be a hazard? If you are happy there, then stay. If you find it difficult to live there with the circumstances of the Landlord, then give appropriate notice to vacate if you are approaching the end of your lease and move to somewhere else. We hope this is helpful. Bec

  • Jo says:

    Hi,

    We are in a rental and accidentally scratched one of the doors with the back of an armchair. It is totally our fault and we will be replacing it before moving out. It is accidental damage caused by us.

    Last inspection, before the scratch, we didn’t see a muddy paw print behind our laundry door from our dog (he is listed on the lease under the pet clause). There was no damage, just a bit of mud which was easily and completely removed with no damage or anything to the wall. We usually wipe down that section of wall, but this time forgot.

    Our realestate agent completely flipped saying the landlords were going to be so mad that this had happened.

    Would they have grounds to evict us over this scratch? We don’t have the money to replace the door at this moment. It’s a white chipboard door which slides between the study and kitchen. So not an expensive fix. We just can’t afford to be evicted over this scratch.

    • Bec Reid says:

      Thanks for your comment and question Jo. It is our opinion that they couldn’t evict you over the paw print, especially if it can be cleaned and you have had an agreement from the owner that the dog is allowed to live there. Is it definitely scratched? Does it need replacing? Bec

  • Danny says:

    Had a tenant recently report a crack in a shower base 3 weeks after they noticed the crack. Upon sending us an images there are significant scratches on the base which were not there when they moved in and not on the condition report.

    Question is who is responsible for the crack, the scratches and damage of water leakage for nor reporting the crack promptly. The scratches are everywhere and we believe the tenant has dropped something heavy in there causing the crack then tried to drag it out.

  • As Appliances says:

    Another awesome article. Very detailed and informative. Thanks for sharing!

  • Melanie says:

    Hello!
    I have been in my rental house for 9 years. We have had a black stain on our toilet floor lino that has been growing for some time. No cleaning product will remove it. The property manager recently noticed it and says it’s is from urine and that we need to get it replaced. I have told them that there are two large stains like this in the toilet – one of them far from the toilet and I believe its coming from moisture underneath the lino as these black spots are the same kind of black mould spots that are in the shed lino and the shed leaks every time it rains and the water goes underneath the lino (the owners have been unable to fix the leak – annoying because I run my business from the shed and have to make sure that I keep everything off the floor otherwise mould grows on it!!). However they don’t believe me and still insist that I replace the lino. Am I in the wrong here?

    • Vanessa Pereira says:

      Hi Melanie – it’d really come down to what the condition of the lino was at the start of the tenancy. Were there marks when you moved in?
      – Vanessa

      • Melanie says:

        No, of course not – it was all ‘as new’ at the start of our lease in 2012.
        But in asking that, are you saying that its quite normal for the lino in the toilet to be as new (even though it is an extremely well used area daily? Even after 9+ years?
        The same lino runs through the hallway, lounge room, dining area and laundry. There are multiple damages in all these areas but the focus is only on the toilet room. I don’t understand it – the laundry off the toilet has the same black mould marks but no mentions from the property manager….

  • JIE MIN says:

    Hi Vanessa,
    I rent this apartment for one year, and when i move my bed i make a damage of the wood floor, the agent ask me to pay more than $1000, Do i need to pay that? I think i can pay for that damage pieces, but not means the price much more higher than the market price.

    • Vanessa Pereira says:

      Hi Jie, we recommend you negotiate with the agent if you are unhappy with their quote. Can you source your own quote to rectify the damage?
      Vanessa

  • Leigh W says:

    Hi. I have been renting a property for 6 years and have noticed that I now have some tyre marks on the garage floor – presumably just an accumulation over time from parking my car. I understand that such marks are very difficult if not impossible to remove. The property has been inspected by the real estate agent every 6 months but not once in that time have they commented on it. It is looking like I will be moving on and was wondering where I stand with it in terms of fair wear and tear particularly since the real estate agent has never mentioned it?

    • Bec Reid says:

      Hi Leigh, thanks for your question. The question you need to ask yourself is, have these marks appeared due to normal use of your car going in and out of the garage? Could the Landlord have made the very same marks if they lived in the property? Or is it accidental damage because you have been doing burn-outs in the garage ;). We would suggest you wait to have a discussion with your property manager once they have completed the outgoing inspection after you have left. If it is an issue, they will raise it with you and seek explanation. We hope this helps and provides some clarity for you. Bec

  • Sreeram Repaka says:

    yes, they did steam clean, but it did not fix the issue.

  • Sreeram says:

    Hi, My rental property has two areas of carpet discoloration (approx 2×2 in two places – round shaped). My tenant says that there’s a furniture that was placed. The house is only 4 years old and is in prestine condition when rented. The tenants lived there for 2 years. Can we charge the tenant for repairing the portion that was discolored? Appreciate your feedback.

    • Vanessa Pereira says:

      Hi Sreeram, thanks for your comment. Has the tenant attempted to steam clean the carpet or is it damaged?
      Vanessa

  • julie Vachey says:

    Hi. Thank you for your article.
    We have rented a property for more than 3 years. There are a lot of stains and marks on the walls. Living there with kids… landlord wants to repaint the whole house! $1600 and they want us to pay 50%…It sounds a lot no? There is no damage only stains and marks. Do you think it is fair?
    Plus they texted me one month before end of tenancy that they were going to repaint the whole house cause they want to sell it…
    Thank you

    • Vanessa Pereira says:

      Hi Julie – thanks for your comment. A property is to be returned in the same condition minus fair wear and tear. Were the stains and marks on the walls before you moved in?
      Vanessa

  • Samira says:

    Hi,
    The shower screen at my rental property got a crack in and we don’t know how the only thing we can think of is the wing did catch the door and slammed it. The shower screen is right next to the door frame there’s probably a gap of maybe1cm between the glass shower screen and the door frame. Will I have to pay for the repair? I feel I should not be up for the cost off a new shower screen as I didn’t do the damage any advise on this would be much appreciated.

    • Vanessa Pereira says:

      Hi Samira, we recommend you discuss this with your property manager as they will be able to determine whose responsibility it is to pay for the repair/replacement.
      Vanessa

  • Rob Morrison says:

    Hi,

    We have been renting and have never had any issues with inspections. On moving out we just swept and hosed down the patio which is made up of paving stones. The owner however wants us to pressure clean it and return it to how it was 5 years ago at a cost of $700. There is no oil or grease on the pavers but just dirt from being exposed to the natural elements, is this classed as wear and tear?

    Many thanks

    Rob

  • Anna Green says:

    Hi, thank you for this article.
    We find ourselves in a predicament. We were renting a property for 2 years. We always had very good rental inspections.
    However, massive damage occurred to the property after a recent house fire. We did not know what caused it, but according to the fire report it was due to pressure inadvertently applied to the trigger of a lighter that was stored in a box in the garage. It was therefore a complete freak accident and not due to our negligent, irresponsible or intentional actions.
    The agent accused us “of burning the house down”, and we are on our way to QCAT.
    What is the legal definition of “accidental damage”?
    Thanks

    • Vanessa Pereira says:

      Hi Anna, thank you for your comment. Did you discuss with the agent that you believed it was accidental damage? What was their response?
      Wishing you all the very best with QCAT.
      Vanessa

  • Tanya Pollock says:

    The property we are renting has recently had a roof leak I assume because it is over 20 years old with no maintenance and recent excessive rain including hail.
    I reported the leak and water mark as soon as I noticed it 2 weeks ago. No action was taken. 3 days ago the water mark on the ceiling started to go mouldy. I reported this immediately and I know only a short time frame but still no response on how they will repair it. As my son and I have severe allergies I decided to ask if we could terminate our lease due to the mould and now they are saying they will get someone out to look at it but will only repair roof leak and I am responsible for cleaning the mould on the ceiling.
    I thought damage like this would be considered to make the property “uninhabitable” but landlord says this is only from massive storm damage like a tree through the roof.
    I do not find this acceptable but landlord is saying if I want to leave property it has to be break lease not terminated lease.
    Do you have any advise?

    • Vanessa Pereira says:

      Hi Tanya, thanks for your comment. Once the leak has been fixed and there are no further leaks, it is reasonable to request the damage to the ceiling be painted with a stain and mould blocker. In our opinion this would be part of the process of rectifying the leak.
      Hope this helps,
      Vanessa

  • Amy Brown says:

    Hi there, I am about to move out of a rental I have lived in for 2 years. It was a brand new building when I moved in. Most of the walls in the apartment have black shadowing now (very common in a lot of buildings) but some of the marks look quite suspicious to me. There has been a lot of reports of water damage/mould from other tenants in the building, despite it only being 2 years old. I have contacted my agent several times to have it investigated but they refuse, and have advised that it is my responsibility to clean/sugar soap all the walls when I move out. Can they withhold my bond if I don’t clean the walls? It is no fault of mine that this has happened, as it seems to be a natural phenomena. Thank you.

    • Vanessa Pereira says:

      Hi Amy, it is reasonable to request a tenant to wash walls to remove superficial marks. You could clean the walls with sugar soap and if they don’t come clean then discuss it with your property manager and suggest that the problem is greater than superficial marks. Hope this helps, Vanessa

  • Sandy says:

    Hi, I have been a tenant in a unit for 2 years. Recently there was a dispute due to which one wall was damaged with a punch hole. Could you please tell what would be the penalty? Also if I repair the wall should that be ok?

    • Vanessa Pereira says:

      Hi Sandy, we recommend discussing this with your agent/landlord so they are aware of it. They will guide you on the repair process.
      Vanessa

  • jAMES says:

    I am renting a furnished house in WA. Could you please tell whether it is the responsible of the landlord to replace the damaged item (wear and tear because it was old items)?

    • Vanessa Pereira says:

      Hi James, we don’t specialise in furnished properties. Have you asked the landlord if they would consider replacing the item?
      Vanessa

  • Michelle Keilar says:

    Hi,

    I’m moving out of a room in a shared house that i’ve rented for 5 years (i live with landlord’s parents). The old chair in my room has some scratches on it recently, is is wear and tear or something i’m in charge to pay?

    • Vanessa Pereira says:

      Hi Michelle – without knowing the cause of the scratches it is hard to be able to comment. Have you discussed it with the landlord?
      Vanessa

  • Monique says:

    Hi we are moving out of a property in a few days that we have lived in for 19 months. My daughter has just pulled a picture off the wall that was applied with blutack and the paint has come off down to the raw plaster. Is this something we would be liable for? Your help is greatly appreciated.

    • Vanessa Pereira says:

      Hi Monique, in our opinion you would be required to rectify this. Our advice to tenants is to only hang photos or pictures on walls if they are hung on picture hooks that have been approved by the landlord.
      Vanessa

  • Justine says:

    Hi Vanessa,

    We are about to vacate our rental property. The house is 15 years old. I believe the carpet is original to the house. When we moved in, there was a snag in the carpet in the bedroom. This was noted in the condition report on entry. We’ve made the snag worse because it got caught in the vacuum. My thoughts are that this is normal wear and tear by us. If it hadn’t been snagged originally, we couldn’t have made it worse. The only solution to fix this is a new carpet — a patch would look as bad as the snag does based on the type of carpet. Am I correct in calling this normal wear and tear?

    Thanks!

    • Vanessa Pereira says:

      Hi Justine, we recommend you discuss it with your property manager to see how they would view it. It is possible that they will consider it as wear and tear because the snag was already there.
      Vanessa

  • Lyn Jane says:

    Hi there, we are currently moving out of our rental property that we have been in for four years. When we moved in a chimney sweep cleaned the wood fire place and advised that the flue needed replacing but that being a rental the owner probably wouldn’t do it. We’ve now noticed that because of the fireplace not working to capacity there is some smoke stain on the walls from it not venting properly. Are we liable for this? I would think that if he was aware the fireplace didn’t vent properly it would be considered wear and tear?

    • Vanessa Pereira says:

      Hi Lyn, we believe it is reasonable to expect the chimney would be efficient in venting out the smoke. Did you discuss this with your property manager?

  • vee says:

    I am seeking compensation against my agent for not looking after the property. I have changed agents and now have lodged a claim. I dont have a managing agency agreement with them so wanted to know what my rights to claim are. I would like to seek re-imbursement of managment fees and repairs to property. My tenant has also now vacated and has repaired the damages prior and I have given them their bond back in full.

    • Bec Reid says:

      Hi Vee, thank you for your question. Where have you lodged a claim? Are you taking your agent to NCAT? Bec Reid

  • Tamara says:

    I recently moved from a rental, I do not want to go through the issues from day one but I was wondering, there was a blue mark by thr light switch. The paint is in the the garage and due to miscommunication we were unable to paint the small area. The landlord is now charging us for painting the complete room. Is this allowed? Thank you for your time.

    • Vanessa Pereira says:

      Hi Tamara, if the wall was damaged or marked then it is reasonable to expect you to paint the wall at the very least.
      Vanessa

  • Tamara says:

    We are recently moving and noticed that my daughter left scorch marks from Candles in her bed room. It was 2 small spots, the paint the touch it up was in the garage but we ere not given the chance to fix it. They noe what to charge over 300 to repaint the entire room. Is this acceptable thank you for you input.

  • Rebecca Fletcher says:

    Our landlord is seeking compensation of $1000 for the painting of a wall and the cleaning of the oven. He’s saying the oven has baked on stains, we cleaned and scrubbed the oven and racks 3 times however the oven is at least 15 years old. we also patched the holes left in the wall by the TV bracket and painted it and now they want to repaint the whole wall. We have a photo of the wall form when we moved in and when we left and it looks the same.

    I’m concerned they’re just trying to nab $1000 without legitimate reasons.

    • Bec Reid says:

      Hi Rebecca, thanks for your questions. We have a few questions for you. We are interested to find out the following: What was the condition of the oven when you moved in? What has been written on the ingoing inspection report? Is it the same or worse? If it is worse, then you as the tenant need to return it to the same condition. Did you patch and paint the entire wall where the TV bracket was installed or just the area surrounding the holes? What was the agreement between you and the Landlord when you got permission to install it? Looking forward to hearing from you, Bec Reid

  • Rachelle says:

    Hi Vanessa,

    Thank you for all your responses they are very insightful!
    I had a question in regards to laminate flooring. When we left our rental property there was a indent in the flooring next to the wall from our couch which I accepted liability for and a second mark on the edge of one of the laminate boards that is no bigger then a 5c piece and this board is slightly raised in appearance.
    As the board I accepted damage for was right next to the wall the labour was much cheaper then the board in the middle of the hallway but the landlord is claiming damage for both marks.

    Is the hallway chip fare wear and tear or is it accidental damage?

    Thank you
    Rachelle

  • Ksenia says:

    Hi,
    We’ve been living in our rental for a year and in the beginning of our tenancy there was an accident where the pipes under our bathroom burst and were flooding the apartment below. This was fixed between the landlord and the downstairs owner and the landlord took the opportunity to renovate our bathroom (retile the bathroom, replace the bath with a shower) as part of the fix.

    However, toward the end of our tenancy we’ve noticed that the floorboards around the bathroom area were bubbling as if from water damage. We’ve discovered that there was mold on the walls inside the bathroom (behind our washing machine) and the outside wall in the living room area (we had an ottoman covering it up and didn’t see it until we moved it).

    Furthermore our dog started chewing on the floorboards in that area and it omits a smell similar to sewage where he chewed through the floor covering. I note that he ONLY chewed in that area near the bathroom and nowhere else in the apartment.
    We are of a view that the landlord would have to address this obvious water damage before reletting the apartment again. To fix this I assume he would have to rip up the newly retiled bathroom OR rip up the floor boards which would include those damaged by our dog.
    Is it reasonable to expect them to claim some of our bond money if they’d have to rip up the floor anyway?
    Thanks in advance for your thoughts!

    • Bec Reid says:

      Hi Ksenia, thanks for submitting your question. Please understand that we have not inspected the premises and thus can’t give you a definitive answer. On the basis of what you have written, it appears that the bathroom work was not done in a Tradesman-like-manner. It is possible that the toilet pan (or bowl as some like to call it) is leaking. Also, the shower may be leaking as well. It is imperative that tenants always report water leaks or damage the moment they become aware of them. If not reported, a tenant could be held responsible as they failed to mitigate obvious damage or even potential damage. As far as any dog is concerned, any damage is usually the tenant responsibility. Though I did hear an argument once from an expert that since the landlord approved the pet, the landlord may then have to accept the consequences of such approval. Such an argument would have to be tested at a Tribunal. As such we can’t give you definitive advice. We suggest you try to get your full bond as the damage would not have been done if it didn’t taste like “yummy sewerage” for your dog. We hope this helps and all the best with it. Bec

  • R says:

    Hi there,
    My tenants have moved out of my rental but failed to notify property manager of leak under kitchen sink, resulting in water damage to shelving underneath. Are the tenants liable to pay for the water damaged shelving?
    Thank-you

    • Bec Reid says:

      Hi R, thanks for your question. In our opinion, all Tenants should mitigate damage. In this instance, they did not cause the damage, but their lack of notification has caused it. We would suggest you negotiated a fair compensation for the level of damage that has been caused. We hope you have found this helpful, Bec

  • G says:

    Hello,
    I have just moved out of a property where in the entry way, I accidentally scratched the wood floor. I did attempt to remedy the issue by sanding very lightly the spot, with the intent to add a matching varnish however I could not find one that would not be too contrasting. To prevent further damage I did add a heavy coat of clear coat varnish to protect the lightly sanded area.

    Aside from the color (the sanded spot), there is no other damage (because the scratch is gone). Based on this, would it be considered damage and would I be liable to have some of my bond taken out?

    • Vanessa Pereira says:

      Hello – If your solution didn’t restore it to the same minus fair wear and tear you may be liable for further costs. We strongly encourage you to discuss this with your property manager.

  • dave says:

    Tenant allowed a bird to fly free in the house and it has made holes in one curtain out of a set of 4 matching curtains in the lounge.

    If they only pay for the damaged curtain, we are left with an odd curtain, or paying for 3 new curtains to match the old one.

    The curtains were all in good condition and about 2 yrs old

    what are they responsible for?

    • Vanessa Pereira says:

      Hi Dave, in our opinion the tenant would be responsible for the damaged curtain. If the curtains are only 2 years old, is it possible to source a matching curtain and then get the tenant to pay for it? Vanessa

  • Krystal says:

    I have been returning a property in Victoria for 3 years now. We have recently moved out and paid for a professional cleaner to clean the property. The agent was happy with the clean but has advised there is a stain in the base of toilet bowl that will not remove and they want compensation. I have no photos from when we moved in. but that in no way impacts the ability to use the bathroom.

    The agent has asked me to advise them what i think is fair compensation for the stain as it cannot be removed? is this normal? and if a professional cleaner has deemed it unable to be removed are we liable things have not been replaced in that building since it was built 8 years ago and if we damaged something so it had to be replaced i would be fine paying for that but i don’t really want to pay for something thats not being fixed.

  • Denvour says:

    Hi i am moving out of a rental property soon and just noticed that the wall that connects my bathroom and bedroom is swollen and soft at the bottom due to there being no ventilation in the bathroom at all, i have to always keep the window open unless we have a shower, we have put our matresses on the ground because of moving in 2 weeks and my son put a little hole in the wall while asleep, if the wall wasnt so soft i doubt my 8 year old son would be able to do that.
    Do i have to fix this or the landlord?
    Thank you.

    • Vanessa Pereira says:

      Hello, in our opinion you would be required to rectify the hole in the wall. Have you discussed this with your property manager? Vanessa

  • Ellie says:

    My landlord is claiming the full cost to repaint one wall that has a mark on it (accidental damage) the paint is 4 years old and the mark covers less than 20% of the wall. The landlord cannot provide an invoice for the last time the walls were painted.

    I have tried to say that i will pay 20% of the quote minus 40% depreciation thinking that this is fair however they are still wanting me to pay for the full quote to have the entire wall repainted.

    Is this fair?

    • Vanessa Pereira says:

      Hello, if the solution to rectify the damage is to repaint the wall, then in our opinion you would be required to pay for the cost. Vanessa

  • Lachlan says:

    Hello,

    I lived in a property for 2 years and have just moved out. Real estate agent is claiming my bond because there is some minor damage to a cupboard. One of the shelves was used to store cleaning products. Something has leaked and its eaten into the chip board. I have repeatedly offered to repair the damage by patching the hole and painting it. Real estate agent is proceeding with bond claim saying that the cupboard was new when you moved in so I need to have it fully replaced. This seems excessive. The repair job that I have offered to do, will not return the cupboard to a brand new condition but I would argue it will be perfectly useable and well within ‘fair wear and tear’. What are your thoughts?

    Cheers,

    Lachlan

    • Vanessa Pereira says:

      Hi Lachlan,

      How big is the cupboard? Is the agent claiming for replacement of the shelf or the entire cupboard?

      Vanessa

      • Lachlan says:

        They are claiming just the shelf, but the entire cupboard needs to be removed to have the shelf replaced. So total cost is $200. Where my repair job would be less than $10…

        • Vanessa Pereira says:

          In our opinion, if the cupboard was new when you moved in then it is reasonable to expect the shelf be replaced rather than patched. If it was very old then patching may be acceptable.

          • Lachlan says:

            Isn’t there an assumption there that my repair is going to be bad though? The hole is less than 5% of the shelf…

          • Vanessa Pereira says:

            Hi Lachlan, it’s going to come down to the negotiation between yourself and the landlord/agent.

  • Natasha says:

    We have lived in a rental since 2014. There are many cosmetic defects that our landlord doesn’t seem to be interested in fixing (peeling ceiling paint in bathroom, buckled ceiling in hallway from a fixed roof leak etc). We are wanting to use our balcony as a play area for our 20 month old daughter, but it currently has peeling paint on the railings. We don’t feel that it is safe for her to play out there as the paintwork is pretty old and we’re unsure if it contains lead. Would repainting the railings be something that we could reasonably ask the landlord to do, or would it be on us?

    • Vanessa Pereira says:

      Hi Natasha, thanks for commenting. If you are living in a house it is reasonable to request the railings be repainted. If you are living in an apartment this would be up to strata.
      Hope this helps,
      Vanessa

  • gc says:

    our washing machine overflowed and caused the bedrooms to be flooded with water [due to no drain being in the laundry]. we have had carpets professionally dried but there is staining where the water edges dried. the carpets are at least 10 years old showing wear and tear and stains already [noted in entry report]. we as yet havent tried to clean the stains due to conflicting advice from every carpet cleaner we contact. what is our responsibility if we cant get the stains out? do we have to replace all the carpet , pay some compensation due to the carpets being old, or pay for insurance excess for owner to replace carpets. thanks,

    • Vanessa Pereira says:

      Hello,

      In our opinion even though the carpet is 10 years old, the accidental damage should still be rectified. We’d recommend discussing it with your landlord or agent. You could then negotiate whether you pay the excess for an insurance claim or offer compensation.

      Hope this helps,
      Vanessa

  • Mod says:

    Dear Vanessa,
    We are moving out of a 40 year old unit, having occupied it for the past 4 years. When we moved in, we noticed that some drawers and shelves had contact paper pasted as liners as the original surfaces did not have laminate covering them. When we moved in, we covered the areas with newspaper or cardboard to ensure that the contact paper does not get dirty. However, we have now noticed that the glue of the contact paper seems to have melted and the contact paper has wilted and come off or torn in several places.

    Our opinion is that we should not be required to replace the contact paper, as it should come under the ‘fair wear and tear’ due to normal usage. Your opinion would be highly appreciated.

    • Vanessa Pereira says:

      Hi Mod,

      Was the contact paper very old? It sounds like this would be wear and tear. Have you mentioned it to your agent?

      Vanessa

  • Amy says:

    Hi Vanessa,

    Hope you are well. Thanks for sharing the information, very useful. I would like to ask for your advice/opinion as well.

    I lived in this apartment for 8 years and always took good care of it and pay my rent on time, only recently due to loud neighbor partying at night that I decided to move out.

    I have returned the key about 3 weeks ago and my agent came back to me today saying they want to claim money for the broken toilet tank in the bathroom. I believe it’s Owners responsibility to repair, as I reported to the owner 2year ago, the valve was loose and the tank has some hairline crack on the Tank and the Owner came to put on reinforced tape and saying it is still usable. Is this part of wear and tear? For a toilet used more than 12years?

    They also mentioned the dishwasher isn’t working. Honestly, I didn’t use it at all, so I am not aware of it is not working at all. Is this suppose to be my responsibility or owners? Over the past 8 years, they did minimal maintenance and repair, only fixed the leaking tap.

    Thanks for your help in advance and looking forward to hearing from you.

    Best regards,
    Amy

    • Vanessa Pereira says:

      Hi Amy,

      3 weeks is a long time for the agent to make a claim.

      In our opinion based on your description it sounds like both the toilet and the dishwasher would be the owner’s responsibility. Do you have any evidence that you reported the toilet issue?

      Vanessa

  • TP says:

    Hi Vanessa,

    RE: FLoating FLoorboards with minor damages
    Thank you for your response. Can the landlord charge us to redo the entire floor if the design is no longer available?

    Kindest Regards,

    TP

    • Vanessa Pereira says:

      Hi TP, in our opinion you wouldn’t be liable for the full replacement but should be able to offer compensation towards the replacement. Vanessa

  • MD says:

    Hi Venessa

    Re – Hotplate crack and issue

    Appreciate you reviewing…answers to your questions are below

    Are you dealing with the same real estate agency?
    ** Yes – same Agency through-out…just different personnel

    Can you show the second agent you refer to all the emails/evidence that you had reported the crack?
    ** Yes, the new person has been provided all the original emails including the photos i provided when the issue happened.
    ** I have had to draw this agent back to the email string at least once previously…..to highlight that the next steps were with them to action

    Guidance on next best steps would be appreciated to draw this to a conclusion….and what i may be liable for under my limited Tenant rights in NSW

    Thanks again

    Mark

    • Vanessa Pereira says:

      Hi Mark,

      Is the agent trying to claim compensation from you?

      Vanessa

      • Nat says:

        Hi We have a sliding door the frame is very loose like coming out of the wall who is liable for this ?

        • Vanessa Pereira says:

          Hi Nat, we recommend you discuss this with your property manager. If it is loose due to fair wear and tear, we are of the opinion that it would be the owner’s responsibility.
          Vanessa

  • TP says:

    Hi, Seeking some advice on damages to Vinyl flooring. Our lease is finishing in Jan 2021, we will have lived here two years by that stage. I have moved the lounge today and noticed some bubbling (think my toddler had a bottle run under the couch). I inspected it further and there are a few chips and one or two scratches. I know that the flooring will be in at least it’s 7th year based on photos from Realestate.com.au. We haven’t had the best relationship with the owners. The first year of rent was paid fully in advance, and have remained ahead for the second part of the lease. We waited 7 months for the owners to repair the dishwasher (included in our lease) and then 12 months for patio roof leaking and sagging (we received damaged property and were unable to utilise the space). Both issues, no compensation was provided. I don’t want to give these dodgy landlords any more of our money than we have to. I believe the flooring will come under Accidental Damage. There are three separate (small) areas. Should we be expected to pay the full excess for their insurance or a partial amount? Or none? We have previously been landlords and can’t believe how poorly we were treated considering we have a good standing.

    • Vanessa Pereira says:

      Hi, thanks for your comment. Sorry to hear you’ve not had a good experience with your landlord.

      In our opinion you would be liable to pay some compensation for the damaged flooring. We recommend you come up with an offer and present that to the landlord and negotiate until you can both agree on an amount. The amount should take into consideration the age of the flooring.

      Hope this helps, Vanessa

  • MD says:

    Hi Venessa,

    Been renting the same flat for over 4 years now.
    The cooktop cracked during use several months ago…an unmistakable dull thud/bang while i was making dinner. The hairline cracks noticed when i wiped it down afterwards
    There was no noticeable cracks or dents beforehand.
    I immediately informed the Agent and at the next inspection was advised “this does happen we’ll review”. Multiple emails swapped but the Agent did nothing and stopped returning my emails
    Fast forward 6 months, and another Agent inspects the flat and immediately advises me that i’ve dropped something on it to cause the damage (which has been getting worse of course as im still using the back hobs of the cooktop)..and in the same breath advises me that i will have to cover the full cost of a new replacement.
    The Flat itself is 9 years old and i would expect the cooktop was installed with it…so 9 years old also. (It is showing some significant aging signs)

    Can you guide me please on what my best next steps are to drive this to a conclusion (the cooktop’s becoming dangerous)….and what i may be liable for under my limited Tenant rights in NSW ?

    Thanks in advance

    Mark

    • Vanessa Pereira says:

      Hi Mark,

      Thanks for your comment. Are you dealing with the same real estate agency? Can you show the second agent you refer to all the emails/evidence that you had reported the crack?

      Vanessa

  • Melissa K says:

    I recently moved out of a rental house. Half way through the outgoing inspection my property manager claimed my entire $1900 bond. She said it was normal practice to claim the bond if they find any issues but the outgoing inspection was no where near finished. She then gave me the opportunity to fix everything and pretty much listed the entire house. I offerred to pay for 3 paint patches professionally which she agreed to but then said no as I took to long to fix them (I was awaiting paint colours she said she will supply and never did). She said the house was filthy but I have the ingoing condition report that has descriptions/photos of unclean floors, dirty toilets, overgrown lawns (all things they are claiming for). I never got sent the outgoing condition report, quotes or pictures. I offerred one again to rectify patches and that was declined. I applied to NCAT and then the landlords applied a counter claim for $510 in cleaning and $1853 in repairs. There was chip paint and scuff marks but because I was in the house 11 months the real estate said its not fair wear and tear. I have emails, photos i took after moving out, ingoing condition report that has over 50 cleaning issues and photos as well as emails offering to fix it. Do I stand a chance? Its so unfair when I offerred to fix the paint patches then was declined the offer and now they are claiming everything.

    • Vanessa Pereira says:

      Hi Melissa,
      Thanks for your comment. I can’t answer your question whether you stand a chance because it will be based on your evidence to prove you aren’t responsible for the cleaning and damage. NCAT will ask you and the landlord/agent to prepare the evidence for your claims and send it to the other party. Do they have evidence to substantiate their claim?
      Vanessa

  • Jamian says:

    Ive just moved out of a property and the landlord wants to deduct my full bond for some hairline cracks in an acrylic vanity top. I was not even aware of the cracks until it was pointed out after vacating and they are very superficial and almost naked to the eye. The photos taken at the beginning of the lease and subseqent inspections would not show these cracks due to the inconspicous nature of them and the overall small size. Even now, at a close distance it is difficult to capture the small cracks in a photo. I have researched these and have learned of the term “crazing” which describes the hairline cracks in poly products. These can be caused by temperature fluctuations, humidity and the difference in bond strength between the acrylic and outer glazing. However the landlord has now placed a claim on the full $1680 bond for a vanity top that costs $125 at Bunnings. I have no choice but to submit a NCAT dispute and will have to wait over 2 months for a hearing. Can you provide any advise or comment on my situation?

    • Vanessa Pereira says:

      Hi Jamian, thanks for your comment. Yes, it is a long time to wait for an NCAT hearing at the moment. If you are in NSW, all hearings are on the telephone until the end of the year.

      If the landlord has claimed the bond, the Rental Bond Board should have given you a deadline to apply to NCAT otherwise the full bond will go to the landlord. Has the landlord provided you with evidence that substantiates their claim of the $1680 bond eg. a quote from a tradesperson that equals $1,680?

      I recommend you attempt to negotiate with the landlord and come to an agreement before the NCAT deadline. Once you have reached an agreement, the landlord can alter the bond claim to suit the agreement. If you proceed to NCAT, you may be required to submit documents as evidence for your application. The landlord as the respondent may also be required to submit their evidence to you and NCAT.

      Hope this helps,
      Vanessa

  • Annie Cadenza says:

    Hi Vanessa,

    I will be vacating a 6 year old property that I had lived in for 2 years and the end of this year.

    Most recently, I’ve noticed that the cupboard beneath the kitchen sink has some water damage. The cupboard appears to have been constructed from a kind of particle board with laminate finishing. The laminate has cracked in various spots and the wood has started to swell. The cupboard has had previous chips prior to my tenancy which was recorded on the condition report.

    I’d like to ask for your opinion, on whether you think I would be liable to cover the costs of replacing this cupboard or not. I’ve given this matter a great deal of thought and given the material of the cupboard, it’s location where it is regularly exposed to water and the prior damages I feel like it could possibly be categorised under fair wear and tear. I love to know your thoughts on this as an expert.

    • Vanessa Pereira says:

      Hi Annie, thanks for commenting. Where exactly is the water damage? Has there been a leak recently or in the past that could have caused the damage? Vanessa

  • Peter Younger says:

    Hi Vanessa
    We have been renting a apartment in Melbourne. Whilst there the glass splash back cracked, nothing made contact or smashed into ir and it was clearly caused by some kind of thermal shock from the heat of the stove. When it happened we contacted the real estate and sent picture straight away. As it wasn’t dangerous no action was taken which was fine with us. That said we are moving out and they are now saying we will have to pay. Is this ur responsibility even though it happened though no fault of ours?

    We got a second quote from a contractor who said it was clear to him it wasn’t caused but an impact from the way it cracked and has offered to write a letter for the owner/real estate.

    Is this counted as wear and tear or are we going to have to pay?

    Thanks

    • Bec Reid says:

      Hi Peter, we have heard of this and it is often due to the low-quality glass that is used as the splash-back. If you didn’t impact the glass and it cracked from the heat from normal use of the stovetop, then in our opinion, it would be unfair for you to have to pay for it on exiting the property. We would suggest you forward the contractor’s letter as that will help your case and suggest the Property Manager has a tradesperson inspect it as well. We hope this helps, Bec

  • Anne says:

    Hi I’m currently a tenant and I need some advice please.
    I rented brand new apartment and been here around 4 and half months now. A couple of weeks ago I noticed the bathroom vanity edge was cracked. It seems like the vanity is not water or moisture proof. Also the vanity unit was not placed accordingly. And It has not been sealed properly (no slicone job around edge ) . So I reported to agency straight away.
    They said it is my responsibility to pay for a replacement to brand unit with added silicone around the panel which wasn’t even there when we moved into the unit.

    They said that they have refer to the condition report and no evidence provided that the silicon wasn’t sealed properly and confirmed the builder that all the Cabinets and sink was fitted properly.
    I didnt noticed there was no silicone applied the edge until I found cracks.

    I need your advice please.

    Thanks

    Anne

    • Bec Reid says:

      Hi Anne, thanks for your question. Has the Property Manager provided you with an Ingoing Report and photos? Have you been careful in the way you use water around the vanity i.e. do you wipe up splashed water rather than leaving it and letting it dry by itself? Also, has the Property Manager conducted their first periodic inspection and seen the water damage? If they haven’t, ask them to come around and see the damage and ask them to bring photos of the vanity prior to you moving in. Another idea is to ask some of your neighbours, in your apartment block, if they have had the same issue with water damage. If they have, then I would suggest you report it back to the Property Manager as the builders may not have fully finished off the work in the bathrooms. We hope this helps, Bec

  • Evan says:

    Hello! I have rented an apartment for just about 2 years. We are about to move out at the end of the month and we have kept the place in great shape. The problem is our glass stove top, it has some minor scuff marks in it we are unable to get out, our landlord is wanting to replace it (approx $500) – prior to us there were two previous tenants with the same stove so it is around 5 years old now. Our question is what is regarded as normal wear and tear on a glass stove top? thank you in advance:)

    • Bec Reid says:

      Hi Evan, thanks for your question. Were the scuff marks there before you moved in? Or is it the result of the stovetop not being cleaned properly? We would suggest you double-check the Ingoing Inspection Report and any photos that the Property Manager may have taken and see if the scuff marks were there before you moved in. If they were, then you shouldn’t have to pay for it. If they are new, then it is fair that some compensation be granted to the Landlord. Is it fair so ask for a full-cost of replacement? In our opinion, probably not. Especially since it wasn’t brand new when you moved in. So an option is to negotiate and come up with an agreeable amount that you feel is fair – especially if the marks were not there before you moved in. We hope that helps, Bec

  • helen says:

    Hello,

    We’ve been in our rental about 3 years, the property is around 30 years old. About a year ago the grout in our main bathroom had to be redone because the shower was leaking. Weve just moved some drawers in our walk in robe and there is significant water damage on the wall backing onto the ensuite shower. We’ve put in a maintenance request but are waiting to hear back. I can only assume its the grout again.

    Im wondering if we can be held accountable for the grout in the shower and therefore have to pay to fix the plastering and possible some carpet in the wardrobe?

    • Bec Reid says:

      Hi Helen, thanks for your question. In our opinion, you shouldn’t have to pay for anything. It sounds like the job wasn’t rectified properly, and the waterproofing and grouting need to be redone. This is a Landlord responsibility, not a Tenant. The Property Manager will likely call the Tiler back to fix the work. We hope this helps, Bec

  • Amanda Cashin says:

    Hi,
    Just wanting some advice please. I rented a property for 8 years and every inspection every three months was told it was in excellent condition, so never any complaints.
    Numerous times over the 8 years I asked for certain things to be fixed, e.g. warped ensuite door not closing, oven fan not working and the agent would send someone out but rarely things were fixed.
    I also was persistently hounded for rent they claimed I owed which could have been anything from supposedly owing two days to 14 days rent, when I had a fortnightly direct debit going out continuously. They would later contact me and apologise and say they made a mistake, yet it kept happening each year.
    I finished my lease last month, I paid for carpets cleaned and my husband and I really scrubbed the house. We took photos and the house looked great.
    Anyway now they are requesting $1,800 out of my $2,000 bond due to having to paint, cleaners fees and some repairs. They also said I owed two days rent due to 2 leap year days that fell in the 8 years I was there (I know craziness).
    I asked them could I meet them to have a look at what cleaning they were referring to and that I would make amends to anything that wasn’t satisfactory. They told me they couldn’t let me on the property for insurance reasons. I also explained that I am not paying any re-painting costs as they would have been re-painting after anyone living in their property for over five years.
    I am going to have to go the rental tribunal over all of this but just wanted advice as to if I can even take it further for the harassment each year over accusing me of owing them rent when I never have?
    I would be very grateful of any advice you may have.
    Many thanks

    • Bec Reid says:

      Hi Amanda, thanks for your question and we are sorry you are going through this situation. Regarding their claims, it is our opinion that they need to substantiate the items that they are not happy with by comparing the Ingoing Inspection Report to their Outgoing Inspection Report. Did you leave the property damaged? Even if it was Accidental Damage you do need to pay for it. You shouldn’t have to pay for Fair Wear and Tear though. They should provide you with quotes to substantiate the costs they are proposing. They really do need to provide you with an opportunity to rectify any items or get your own quotes if you are not satisfied with theirs. If you are in NSW, the NCAT (Tribunal) Member will not be impressed that the Property Manager failed to let you rectify the cleaning issues, especially since you asked for access. If you haven’t already applied to the Tribunal, try and discuss the claims and try to negotiate with them. The first step at Tribunal will be conciliation where you have an opportunity to negotiate. If you can’t come to an agreement, then you will need to present your own case in front of a Member. We hope this helps, Bec

  • Ankita says:

    Hi Bec,

    I am in rental property in Victoria for past 3 years. I accidentally dropped my foundation bottle in bathroom sink while getting ready. This resulted in a very tiny hole/chip in the sink ( approx a small peas size).
    Is this considered as accidental damage or a normal wear and tear?
    Do we need to inform agent?
    Do we need to get it repaired professionally or we can DIY.

    Can landlord hold us accountable for entire sink replacement on lease ending?
    What should be best course of action for us?Can you please suggest us.

    Thanks a lot.
    Anita

    • Vanessa Pereira says:

      Hi Anita – thanks for your comment. In our opinion it would be considered accidental damage.

      We recommend you discuss the damage with your agent as they will be able to advise the next steps in rectifying it.

      Vanessa

  • Joanne Grant says:

    Hi there,
    I am in a rental property having rented here for 3 years. The owner comes to every inspection which is fine and he is lovely. Problem is the last time he came with the real estate agent he was unsure if a mark on the roof over the bench in the kitchen was a shadow or water damage. He got up on the bench and started wiping away with a wet cloth and has made an awfully huge dark and noticeable black mark (approx 60cmx40cm) which is also around a down light. The more he tried cleaning this off the worse it became. The real estate agent took photos of this. Now they are asking if I have been able to remove the mark (as they requested I try). I have tried multiple times with sugar of soap with no luck and I am worried about doing further damage. I have been advised that a company may be able to come in an steam clean the roof. I am confused as I don’t think I should be the one to pay for this as I did not create this mess. There are also a lot more “shadows” through the whole kitchen and dining area that look the same as this one. Is this my or the owners responsibility to fix and could it be water damage? I hope you can help as I don’t know where else to get help. I have tried multiple websites but can’t find an answer to this and the real estate is wanting an answer from me asap.
    Thank you

    • Vanessa Pereira says:

      Hi Joanne, thanks for your comment. Had you noticed the mark before the owner got on the bench and wiped it?

      Without seeing the issue, it’s hard to comment but from your description it doesn’t sound like it would be your responsibility.

      Vanessa

  • Ash says:

    Hey Vanessa
    I have a question my uncle has rented a property for 7 years I moved in with him 2.5 years ago the carpet is approximately 15 years old in the bedrooms and has started fraying where the doors open and shut and at the edges it is frayed and lifts when vacuuming also lifting up in random large spots as well the landlord is trying to claim damages and wants the cost to replace the carpet throughout the house is this right. Also our hot water taps one was permently off and could not be turned on and the hot water has been leaking in the shower for about a year and a half we have been asking for these to be repaired since it started doing this at every inspection followed up with phone calls a few weeks later it has only been fixed in the last few week due to a potential buyer being put off of the mold built up on the roof, water damage and leaking taps. The landlord is claiming we damaged the taps and have to pay for all damages in the bathroom. The plumber said the tap stuck off had a build up of calcium from hard water and the shower head is old and worn. Now the mould on the roof is due to the constant running hot water and steam which ment electricity bills where massively excessive so we wanted it fixed bad. We use vinager to clean the roof weekly but the paint is cracked on the roof due to moisture and the steam has gotten into the wood panel so it’s only in the cracks that you could treat and clean one day and within two days it’s back. I don’t know what to do about these issues as it’s a pretty hefty bill he wants but also my uncle wants to ask for compensation for the constant $1500+ electricity bills since the water started leaking. Im new to renting and this has me terrified

    • Vanessa Pereira says:

      Hi Ash,
      Thanks for your comment.

      If the carpet is approximately 15 years old, it would be depreciated to a nil value by now. If there is damage in high traffic areas or from where the doors open and shut then in our opinion it would be fair wear and tear.

      With relation to the hot water and taps, it is expected that all taps in a property can be used and there are no leaks. Have you requested the taps be serviced by a plumber?

      Vanessa

  • Ivy says:

    Hi Vanessa,
    I just moved in to a rental property. On the second day after moving in, I used the burner and the oven to cook some simple meal, really simple as I was only boiling water on the burner and heating some fries in the oven and the laminations of the cabinet door started to meltdown and peeled off. Should I be paying for the repair due to the poor quality of the cabinet lamination and first time using them? I had used burners and oven in 2 other rental properties for more heavy duty cooking and causing no damage at all. Appreciate your reply. Thanks.

    • Bec Reid says:

      Hi Ivy, thanks for your question. We are sorry to hear this has happened. It sounds like Accidental Damage and you will need to pay for the repair. With the spillage of hot oil and boiling water, do you think it would have been different on a different time of laminate or wooden door? Have you spilled these kinds of liquids on other cabinet doors before? This could happen to anyone and it is our opinion that it would be considered damage and not Fair Wear and Tear.

  • Jess says:

    Hey guys,

    I appreciate your help with this page.
    I have a question.. working from home we have had an office chair sitting on our rental property carpet, after time sitting on the carpet has started wearing the carpet down and now our realestate/ tenants are trying to charge us to fix it.. do they have grounds to charge us for this? or is this wear and tear?

    Thank you in advance,

    kind regards,

    Jess

    • Bec Reid says:

      Hi Jess, thanks for your comment and question… it’s a great question too! First thing we need to understand is how old is your carpet? Or how old has the Landlord or Property Manager told you it is? When you first moved in, did the Landlord or your Property Manager provide you with any instructions about the carpet – i.e. if you choose to turn a bedroom into a study, please use a floormat. Also are you moving out or have you moved out, or did they discover the indents from a periodic inspection they have conducted? Looking forward to hearing from you, Bec

  • Joaquin says:

    Hi Vanessa,

    We rented a place a victoria and recently moved out. They have told us they found small scratch on the shower door which we never noticed to be honest, in all the times we cleaned the partition. Would it be fair for the Landlord to claim this to be replaced? I don’t think so but I would like to know your opinion before going into any battle.

    • Bec Reid says:

      Hi Joaquin, thanks for your question. Was this small scratch on the Ingoing Condition report? Does the Property Manager or Landlord have photos to prove that there was no scratch there prior to you moving in? Looking forward to hearing from you, Bec Reid

  • Egidija Morkeviciute says:

    Hello,
    Im currently renting a one bedroom flat from a letting agency and I have leather bed framing on my bedroom bed. I believe that it is faux leather and I am quite positive that the bed is not new and has been in the property for quite some time. i believe that it is not new because none of the furniture in the flat was new when we moved in and the bed frame started scuffing and the leather starting pealing and falling out in small amount about a 2 weeks after moving in and I haven’t done anything that would cause such thing. For this reason I believe that the bed is either old or has been fixed by previous tenants. I read my tenancy agreement and it states that tear and wear is covered by the agreement and that I would not have to pay such damage. And I just wanted to ask whether this would count as wear and tear or whether I would have to fix the damage myself or replace the bed framing.

  • Shell says:

    Hi there,

    My partner and I vacated a studio we had been living in for over a year. The apartment complex is relatively new 2.5 + years old and had two previous tenants. During the final inspection of the property the REA advised we would be getting our full bond back as there were no damages and it was clean. However we received an email the following day stating that the cleaning was satisfactory but the floorboards were patchy and discoloured throughout. The REA + Owner have sent tradesmen to clean/buff the floorboards and will be releasing the remaining bond to us once invoiced. We believe that the discolouration is from sun exposure and daily wear and tear as the the floorboards are unsealed. We also did not receive any advise on its care/treatment when we signed the lease or during the regular inspections we have had. The floor had no scratches, marks or gouges just darker in areas that get more foot traffic (kitchen, hallway and bedroom). Please let us know if this constitutes as wear and tear.

  • Erin says:

    Hi Bec

    I am about to vaccate my current apartment in which I have lived
    For past 18 months. Kitchen is located in the balcony, and I have kept my dining table with chairs there. The floor is tiled and there is a drain. The table is placed in such a way that drain is not visible. I use tgus table a lot. Lately I noticed hairline cracks on the two tileswhere in the drain is located. The cracks originate from the edge of the cut made for the drain. I have not dropped anything or did any damage. Always kept the property in tip top state. Is this fair wear and tear or can I be charged for this ?

  • John says:

    Hi Bec,
    My wife and I recently vacated our rental property after the landlord sold and quickly rushed us out. We complied wanting to be good tenants and accommodated and had the property professionally cleaned internally and attended to the outside gardening and lawn mowing as well. The Landlord is now claiming that the toilet is permanently discoloured and will be quite costly to either professionally clean again to their standards or replace. The toilet is about 5-10 years old and we have occupied the property for the last 2. The toilet has been routinely cleaned but naturally some discolouration has occurred. The landlord has also requested that about a dozen small (less than 10cm tall) sporadically located weeds be removed. They are also insisting that mowing the grass is not sufficient and that all adjoining areas to concrete need to be edged as well. (We would ordinarily attend to this personally but we have moved quite a way from the property making this difficult with a young family and full time work). The Landlord is refusing to release the Bond until these items are rectified or paid for out of the bond and are threatening VCAT action. Do these items constitute fair wear and tear or have we been negligent as the Landlord is saying?

    • Bec Reid says:

      Hi John, thanks for your comments and question. Just to let you know, we are in NSW and our licences are NSW-base. With your questions, the situation is likely to be the same in VIC. What was marked on the Ingoing Condition Report as the condition of the items they are claiming are damaged or not returned the same way it was given to you? Are there photos to prove that the toilet was not marked? Are there photos to prove that the gardens were mowed, edged, with no weeds present? If so, you need to return the property as close as possible to the state it was given to you. If you can’t get an agreement and you want to avoid VCAT, then ask them to quote on these items for you and you will need to decide if you go back and rectify the issues, or just pay for someone to do it for you. It shouldn’t be a big cost, but we appreciate that every dollar matters at the moment and they should provide an opportunity for you to fix it without outsourcing it. We hope this helps, Bec Reid.

  • Sandra Cordoba says:

    Hi Bec. Trays are not in the best conditions, are scratched fir normal use. Both, oven and trays are more than 5 years as we did not receive them brand new.

  • Sandra Cordoba says:

    Hi. Is fair the owner charge us for the oven trays? They are pretty scraped but no damaged.

    • Bec Reid says:

      Thanks Sandra. How badly are the trays scratched? Do you believe this is the result of rough use, or have you used them in a normal and reasonable way? Is the oven around 5 years old as well? Do you believe it is fair? Bec Reid

  • Gabbie says:

    Hi There!

    I will shortly be vacating an apartment in a building that is around 5+ years old. The carpet already had a minor stain (about 15cm by 10cm) when I moved in. I unfortunately spilled a fairly large amount of coffee and created a stain about 20cmx40cm. I am getting it professionally steam-cleaned by a company who promise to do everything in their power remove the stains but I am worried that it may not come out. If it doesn’t, I want to contact my property manager and notify her of the stain, and ask if there is a way to settle it without impacting the status of my bond? I really don’t want to earn a ‘black mark’ as a tenant and incur a claim on my bond.

    I am willing to pay a reasonable amount to repair the carpet or an amount to repay the extra depreciation I caused by staining the carpet. Since it already had a stain on the carpet when I moved in, I am wondering if they will go one of two ways – either they will be reasonable and understand the carpet wasn’t perfect when I moved in, and accept a reasonable payment toward the depreciation, or if they will try and use this as a chance to replace the carpets and slug me/my bond for the cost.

    I have looked at my condition report which actually barely captures the bit of carpet that is stained (note that most of the stain came out, its fairly minor now) and my tenancy agreement had no special provisions for care of carpet beyond the usual ‘avoid damage’ and request for steam clean at the end of the lease.

    Do you have any advice for this? How to phrase it and what to try?

    • Bec Reid says:

      Hi Gabbie, thanks for your question and comments. It is good that you are getting the carpets and the stain, professionally steam cleaned. They may be able to get it all out and then you won’t have an issue. We would suggest you wait until the cleaner comes and then if it doesn’t come up/get cleaned out, take some photos and email them to the Property Manager. Ask them to look at their In-going Report photos of the carpet and ask them to compare the stains, if they don’t have any, and it isn’t marked on the Ingoing Condition Report then it will be very difficult to prove at NCAT. If you can’t reach an agreement, then you can apply for Tribunal. But ultimately, the best thing is to negotiate and pay for the “Accidental Damage” and don’t have it taken out of your Bond. We hope this helps, Bec Reid

  • Sam says:

    Hi i burnt a hole about 5cm by 5cm in my carpet in the middle of the master bedroom by accident when trying to dry some water with a hairdryer. (Held it too close) Would the landlord be able to ask for a replacement of the entire carpet, or it would just be the patch repairs for the damage i have caused?

    This has been causing me to lose sleep 🙁

    • Bec Reid says:

      Sorry to hear this Sam. How old is the carpet? If it is less than 10 years old, why don’t you see if you can get a carpet company to come and give you a quote for patching the burn and a second quote for replacement. Bec Reid

  • John Arkley-Smith says:

    Hi.
    Thanks for the informative content you have provided. I have a question regarding and incident my son a Uni student, has had at his privatley rented rental property in Sydney .
    He had spilled a proteinshake on a new carpet and attempted to clean it with water and towels, but a stain was left. He had been told by the owners previously not to use detergent on the capet for some reason as it was some sort of “expensive /special” carpet. My son did the right thing and told the owners about it, hoping they would get a professional cleaner in, for which he would pay, or get that small section patched. The owners have told him the whole room would need to be re-carpeted at his expense running into what sounds like several thousand dollars for this “special carpet”. I find it hard to believe that this would stand up in the tribunal considering they have not even attempted or allowed it to be professionally cleaned?
    He and he flat mate have a combined bond of $3000. I have owned rental properties for years, and this situation is not sitting right with me.
    Your thoughts would be appreciated
    Thankyou
    John

    • Bec Reid says:

      Hi John, thanks for your question and comments. Could you let us know a few additional facts? How “new” is new” – Was it brand new when they moved in? If so the Landlord should be able to prove the age with receipts. Also, another thing the Landlord needs to prove is the “specialness” of this carpet. Was your son told not to have a professional cleaner attend to it? If not, we suggest that he engage one to steam-clean the carpet and see if they can fix the stain. Let us know if you have any other questions, Bec Reid

  • Natasha says:

    Hi Vanessa,

    We have just vacated a property and the property management is trying to claim costs to replace the garden shed in the back yard. I’ll tell you a little bit about the shed first. When we moved into the property the shed was situated in the back corner of the yard, sitting on top of some broken, rotting wooden pallets, there was no concrete flooring. It is also sitting underneath 2 very large trees and there’s a tree stump right in front of the door way making it impossible to open the door to it and it actually had several large tree roots growing underneath it, lifting it off the ground. One day, during a spring clean up, we went in to see if there was anything we could throw away and underneath the pallets was a very large snake living in between the pallets, plus an infestation of cockroaches. Yuck! So we decided to move the shed onto flat ground so snakes couldnt get underneath and we could actually use it without the rotting pallets being an issue of safety. We notified the real estate on our routine inspection that we moved it and they took photos and that was that.
    Now when we vacated we returned the shed back to its original position and they are claiming that it is warped/ damaged. First of all, the edges/hinges appear to be rusted and it looks warped due to all the tree roots lifting it off the ground and preventing it from sitting straight/flat on the ground. Can you tell me if you think this is our fault? We cannot control rust/tree roots growing. Thanks, Natasha

    • Bec Reid says:

      Hi Natasha, thanks for your question and comments. How old is the garden shed? Are there any notes or photos from the Ingoing Inspection Report about the condition of the shed? Was the damage or warping already there? Or do you think you may have accidentally damaged it in the moving of it? Bec Reid

  • Sandra Cordoba says:

    Hi Bec. Did not know how to reply so I had to post again. Well, the carpet is five years old I think. I never notified to the property manager, indeed I did not know and I just fixed up thinking it would be ok. However when we vacated, I told them what happened.

  • Sandra says:

    Hi. I accidentally burnt the carpet. We vacate the property and I hired someone to fix it. Because of the age of the carpet, the patch is very noticeable. I paid sud 150. The agent said this need to be re fixed and charging aud 330.00. The patch is no more than 30 cms. Does it fair? A patch is always going to look different.

    • Bec Reid says:

      Hi Sandra, this can happen. This is considered “Accidental Damage”. How old is the carpet? Before you attempted to fix it, did you notify your Property Manager to get advice? Looking forward to hearing from you. Bec Reid

  • Bianca says:

    Hi, Our washing machine leaked, the sealant in the laundry had deteriorated so the water went through to the wall causing damage, we were unaware the sealant had deteriorated as it was hidden behind washing machine, the real estate/owner wants us to pay for the damage due to our leaking washing machine, we feel we should not have to pay as the deteriorated sealant was not our fault (is a general wear and tear issue), and that the laundry if adequately waterproofed would of coped with the small amount of water leakage. We reported as soon as we were aware, thoughts?

    • Bec Reid says:

      Hi Bianca, I am so sorry this happened to you. Can you tell us, was it the tap that failed or the washing machine sealant or the washing machine hose? A plumber really needs to come and check your taps to see if it was a tap issue before you are charged. Also does the washing machine belong to you or the Landlord? Looking forward to hearing back from you. Also one last question, is there a drain hole in the floor of your laundry? Bec Reid

  • Jess says:

    Hi, would like to ask if my housemates are pasting signs on the wall and the doors, can I report to my landlord that those are their fault and they are liable for any damages from those pasting of signs? Or is it possible for the landlord to serve them notice of breach in that case for pasting something on the wall?

    • Bec Reid says:

      Hi Jess, thanks for your question. Are you in NSW? The people who are on the lease are responsible for the condition of the property when it is handed back at the end of the term. Are all the rooms being sublet individually by the owner or has one of the occupants in the home sublet to your housemates? Will wait for your response, Bec Reid

  • Sasha Benedict says:

    Hi Vanessa,

    I had a question regarding wear and tear versus accidental damage and what course of action I should take to get the damage fixed.
    I have just purchased a 3 year old apartment which was previously rented out. My settlement date is in less than a week. I completed my final inspection of the apartment and noticed indents on the wall that they have attempted to cover-up with a bad plastering/paint job, including indents on the floor. I emailed the agent to request that these get fixed, however, the agent has indicated that this is due to wear and tear given the apartment is 3 years old and that I should not expect to get it fixed.
    Please correct me if I am wrong but shouldn’t the wall and the flooring been fixed using the previous tenants bond money given the nature of the damage?

    • Bec Reid says:

      Hi Sasha, sorry about the delay in responding. Our Office and Team have been working overtime during COVID-19 – it’s been exceptionally busy! How did the situation pan out for you and your purchase? I understand from what you have said above, you weren’t the Landlord of this property, that you bought it with “vacant possession” even though there was someone living there, the agent gave them notice to vacate prior to settlement. Feel free to get advice from your solicitor or conveyancer, however, with a sale contract, you are purchasing the property based on what the property condition was at the time of signing and exchanging contracts. Did you see the dents, paint issues and bad plastering job when you inspected the property or did they appear when you conducted your pre-settlement inspection? What I’m asking is did the Vendor/Landlord do a band-aid job of fixing the items you mention in the hope you wouldn’t see them? Looking forward to hearing back, Bec Reid

  • Raymond Cai says:

    Hi there,

    Me and my girlfriend have been living in a new apartment recently and just noticed some indents in the floorboards from the dining chairs. I was wondering if this would be under wear and tear at all or accidental damage? it’s only really on 1 or 2 of the floor boards howeve worried may have to get it all replaced and that’s just going to cost too much for us..

    thanks

    Ray

    • Bec Reid says:

      Hi Raymond, thanks for your comment and question. We are interested to know, did your Landlord or Property Manager go through any special instructions or advice for the floorboards on or before signing the lease? Have you used your dining chairs in the normal capacity or has anyone been rough with them? If it has been normal use, we are of the opinion that it would be considered Fair Wear & Tear. Our advice though is getting your Property Managers advice when they visit for your periodic inspection. I would recommend you show them and ask them if they received any special advice from the Landlord. We hope that this is helpful, Bec Reid

  • Amit says:

    Hi ,
    I vacated an apartment last week and hired a professional cleaner to clean the apartment.
    The cleaners were recommended by the Real Estate Agent itself.
    Once all the cleaning was done i inspected the apartment and then left along with the cleaner and went and gave the keys to the agent.

    But then next day agent replied that one of the ceiling light is broken and the broken glass piece is lying on the floor ring in the middle of the living room.

    Now i am very sure nothing was broken even the cleaner confirmed it and we both left the place same time.

    But i am not sure how to prove it.
    Will i have to pay for the broken light??

    Regards
    Amit

    • Bec Reid says:

      Thanks for your question Amit. This is a grey area. It will be yours and the cleaners word against the agent. If the professional cleaner is the cleaner they always use, surely they can vouch for you and the agent would believe them? We have a great professional cleaner who we trust and would ask their opinion on the situation. You could argue that you didn’t have access to the property and the cleaner can vouch that everything was in working order and nothing was damaged. Perhaps someone from their office visited and it was knocked? We hope this helps your situation. All the best with it, Bec Reid

  • Elizabeth Oh says:

    Hi,

    We are currently renting at a property and our glass cook top exploded one day while one of us was cooking, the entire glass top shattered. The RE agent is now saying that we dropped something as there is a clear impact point. However, we definitely did not dropped anything except for general use which was cleaning the cast iron grills and just cooking in general. We don’t know if there might have been a hairline fracture before or not but we would have noticed it. Apparently the glass top is only two years old and high quality, but if it was so high quality, why has it shattered with just cooking on it?

    They have issued us with a notice to remedy breach and asked for $1100 in payment in 7 days. However when queried, the agent said the reason it has taken them 4 weeks to find a replacement is because the glass top is no longer sold in Australia. Is there anywhere to negotiate this? Are we liable for the whole amount? They keep saying we dropped something and we have breached the term intentional or negligent damage or malicious damage and we haven’t. How do they prove this?? We also don’t want this notice of remedy of breach on our records because 7 days to pay $1100 is so short and they would have known prior that it was going to cost this much. We have met the owners and they are very fussy and ask for high rent but expect the house to not be “lived in”. A few weeks prior, the bathroom was leaking and they had to do a complete renovation but it dragged on for longer then expected and we had contractors coming in and out with no notice. We also received no compensation and when asked for reduced rent the agent simply dodged the question and said they are doing all they can to Fix things.

    • Bec Reid says:

      Hi Elizabeth, yes this can definitely happen. Same thing with glass shower doors and screens, and also glass pool fences exploding without any reason at all. We would suggest you ask for all the paperwork on the original stove-top and do your own research before agreeing to pay anything. We would recommend you call different kitchen companies as well and ask them what their experience is with this brand, and ask if the original brand was of high quality. We would also suggest you ask for the original receipt to prove the amount that they are claiming from you. The cost sounds quite expensive and really the property managers and the Landlord should ask themselves why you should have to pay for a brand new stove-top if they have already (likely) taken advance of 2 years depreciation on the appliance? If you can’t come to an agreement, you might like to apply to NCAT and allow a Tribunal Member to rule on it. Try to get it sorted out first. Wishing you all the best with this, we hope this has been helpful. Bec Reid

  • Alex says:

    Hey, I’m currently renting a property that was a year old when I moved in. It’s been about 10 months now and I’m a bit concerned with scratches on the floor my dining chairs are leaving.

    I’m simply using then as intended and they are leaving scratch marks.

    I initially put felt tips on the bottom of the chair legs however they come off then leave sticky marks I have to clean off the floor (no damage from these)

    I have been careful with the floor (not wearing shoes or dropping things) and not really sure what to do. I would say this would constitute wear and tear as it would be reasonable sit at my dining table to eat dinner each night in the home I’m living in.

    Would there be any reason that this would not constitute wear and tear?

    Thanks

    • Bec Reid says:

      Hi Alex, thanks for your question and comments.

      Did the Property Manager provide any further infomation to you about the timber floors? Some Landlords have very specific requirements to care for new timber floors. Some timber hardwood floors are quite hard to scratch, and obviously softer timber floors are very easy to scratch, even when they have been polished and lacquered with a protective sealant. This might be considered fair wear and tear by the Landlord and the Property Manager as it may have easily been done by the Landlord if he/she was living in the property themselves. I would recommend that you re-apply the soft felt-tips to your chairs to protect the floors from further scratching. When is your next periodic inspection? We would recommend you talk to your agent when they come to visit you. Show them the scratches so they can make a note of it. Make sure you indicate how the scratches were created. We hope you find this helpful, Bec Reid

  • Ashlea says:

    Hello, We are about to move from a rental after 2 years. In the process of cleaning and moving furniture, we have discovered bugs have eaten away at some carpet. The apartment has always had bugs, there were dead bugs on the ground when we moved it. How much should we expect to have to pay for this? Is it beyond fair wear and tear?

    • Bec Reid says:

      Hi Ashlea, thanks for your question. Could we ask you a few questions? Do you know how old the carpets are? You mention the apartment has always had bugs, what kind? Cockroaches? Carpet beetles? Was this noted on your ingoing report? Did your property managers or landlord know this prior to you moving in? Bec Reid

  • Rod says:

    Hi,
    I have recently done a final walk through on my property with the RE agent after the tenant has vacated and I have seen what i would consider accidental wear and tear on the walls from moving – likely removalists (noticeable dents in walls, 10mm diameter …not scuff marks).

    These marks were mentioned in the entry report for these tenants, however i am yet to receive the exit report for the previous tenants – i have asked for it multiple times.

    I have received an email from the agents, apologising that these were missed by the manager responsible for my property at that time – who is no longer there – but they consider the damage to be “fair wear and tear” and any tribunal would uphold it and therefore my responsibility to fix. I think the real issue was that the final inspection was not done, no report was generated and therefor no due process prior to bond being handed back.

    Its too late to claim anything, but if the proper process was conducted by the RE agents, I would have thought that this would have been pushed back to the tenants, then onto the removalists. Thoughts?

    I would have liked the RE agents to accept responsibility and offer to pay for the damages – one can dream;-)

    • Bec Reid says:

      Hi Rod, thanks for your questions and comments. You really need to see if the fair wear & tear was marked on the previous report. Have you got that report now by any chance? It is the agent’s responsibility to do the outgoing report and report back to you. It doesn’t matter if the property manager has left the agency, someone else should have conducted that report for you! It is bad service! They have failed you on two accounts – 1) No outgoing report (Was there any more damage that you are unaware of?) 2) Missing accidental damage or reporting fair wear & tear. As you say, they should accept responsibility and offer to pay to rectify the issue if it is accidental damage. Unless, of course, the fair wear & tear is recorded on the outgoing report. We suggest you have a chat with the Principal of the agency and make your disappointment known and come to an agreement. We hope this helps, Bec Reid

  • Melissa Branas says:

    Hi!

    I’m currently sharing an apartment with one more person, we pay equal amount but although we are both on the lease, it is from my flatmates account that the real estate takes the monthly rent, therefore I pay into my flatmates my rent. I am in the process of moving out (officially leaving the apartment the 8th of December) but I gave notice the 1st of october. My concern is that my $750 bond won’t be refunded because there has been conversations between my housemate and the real estate regarding my “mistake”. A couple of months ago I accidentally dropped my perfume in the bathroom vanity (porcelain) which made a small chip (the size of a finger nail). My flatmate straight away complained and asked me to get it fixed myself and because I am leaving the property I thought it will be the right to do, so I got it fixed, not perfect, but there is no longer a chip in the bathroom vanity. Since I am moving out, she has taken photos and sent them to the real estate agent to check if it is acceptable otherwise my bond will have to cover the costs. I am aware that this issue can be explained as a ‘fair wear and tear’ because I did not do it on purpose, it was literally an accident because I never mean to damage the bathroom vanity. In about a month I am leaving the apartment and I am worried that the landlord will decided to not give me my bond back as the real estate agent just emailed us saying that he has forwarded this issue to the landlord and he has asked him to check it with their handyman… I do not know how to defend myself properly in order to explain them that I did not mean to damage and I feel that my rights are not being respected. I have checked all this information with legal aid victoria website but I feel that I need more help to talk to the real estate agent and my housemate who are both “evaluating” the situation.

    Can you please help me!?

    • Bec Reid says:

      Hi Melissa, your accidental damage needs to be fixed where the property, including the vanity, must be returned in the same state as it was when the ingoing report was done when you moved in. If the job to fix it up is not perfect, maybe you need to get your handy-man/handy-woman back to do it properly. You don’t need to defend yourself as it was an accident, but you just need to rectify the situation – accidents happen. Tenants are accountable for accidental damage and so you either need to have the job fixed up or come to an agreement with your housemate and the property managers regarding compensation. If you are concerned about your rights you can also have a chat with a Tenant Advocate. We hope this helps give you some further clarity. Bec Reid

  • Dylan says:

    Hi Bec,

    We just left a rental that had wooden bench tops. Over the life of our lease (3 years) the landlord never conducted any maintenance of the bench tops and the seal deteriorated. Above the sink, where we left soap and detergent, water leaked into the wood and created a black stain. Do we have any recourse to say that proper maintenance by the landlord would have prevented this? We cleaned the bench tops weekly and never intentionally left water on the bench tops.

    Cheers

    • Bec Reid says:

      Hi Dylan, thanks for your question… this is a grey area. Based on the info you have supplied, in our opinion, it seems like it is accidental damage. For any type of benchtop, it needs to be dried quickly otherwise it can get waterlogged and marked, just like your experience. Our question to you, though, is did the property manager or Landlord provide any guidance for caring for the benchtop? Or were any specific instructions provided from the Landlord? They may request for a nominal compensation rather than replacement. See what you can negotiate. If you are unhappy, then you can always take the Landlord to the Tribunal or NCAT, if you are in NSW. We hope this helps, Bec Reid

  • VK says:

    Hi Bec
    We do have in inspection report, but it does not have photos in so much detail like in outgoing inspection.
    About the cleaning comments, some comments are like hair on the socket, hair on handle door. But when I went with cleaner again I could not find it. Possible it just came with air or could have been trapped in carpet and was freed when the carpet dried or could have also been agent’s hair while doing out inspection. How are such things handled at tribunal/fair trading?

    • Bec Reid says:

      Hi VK, if the case was taken to the Tribunal, the first step is a meeting to attempt conciliation between both parties. If there is no agreement between each party, then usually the case is taken before a Member. All evidence will need to be in place, this includes supporting evidence of each of the claims. Is the cleaning the only issues outstanding now? If so, can you meet with the property manager and ask them to show you the items of concern since you can’t see them/your cleaner can’t see them? Take cleaning products with you and clean it in front of them. Bec

  • VK says:

    Hi Bec, That helps a lot. We have complained in fair trading and asked not to release the bond to agent.
    The cleaner came again and did as much as he could and we have taken all photos now for proof.
    We also had another issue with agent. We communicated that 11th Oct Friday will be our last day, and we can handover key anytime on or after Thursday 10th Oct.
    The agent messaged that we can return the keys anytime on or before Saturday.
    Since Saturday was more comfortble for us being weekend and the agency is 25 kms away, we opted for Saturday, assuming that this was suggested by agent.
    After we returned the key on saturday, later that day agent communicated that we owe one day rent as we were in possession of the key for additional day. we should have returned it before Friday. We have all the messages from our side and from agent.
    Is that correct on agent’s part what he is doing?

  • VK says:

    Hi
    we just vacated a rental unit which we lived in for 10 months.
    We got the unit cleaned by professional cleaner. Now the agency is claiming full bond amount AUD 2160, saying that property is not clean and carpet is stained and damaged.
    The professional cleaner is ready to come back and fix whatever he can. The agent is being very problematic, like for cleaning of bathroom he is checking every single tile and raised issue for grout in the bathroom. I checked the photos in our rental agreement for in inspection and even in those photos i can see grout on bathroom floors.
    Agent is saying the carpet is damaged more than it should have been in 10 months as we got new property. But the fact is carpet is of cheapest quality possible and it’s not our fault.

    The in inspection report has 120 photos and out inspection report has 350 photos.

    For out inspection the agent took 1 hour for one bathroom inspection , with this speed it would have taken 7-8 hours for full unit and hence we did not attend full out inspection.

    Agent is also raising small issues of scuff marks etc which fall into fair wear n tear.

    The in inspection also had scuff marks and some marks on wall mentioned specifically. so even the new property had such small issues, but now the expection is that we make it new again and every time agent says, you got new property, a if we were not supposed to use it to make sure it remains new.

    We are planning to complain in fair trading.
    Any comments/feedback will be helpful.

    • Bec Reid says:

      Hi VK, thanks for your comments and questions. How does the outgoing report compare to the original ingoing report? Did the Property Manager supply you with the report when you signed the lease? You need to return the unit in the same condition you were given it according to that ingoing report, less fair wear and tear. You will never be able to return the property to a brand new state, as there is always some level of wear and tear. It could be very small, even tiny, but it will never be brand new again – it is impossible. If there are issues that they have raised, ask for a full list itemising the issues and request that you are shown where on the ingoing report it says it was not damaged or spotlessly clean. If you disagree and can’t come to an agreement with the Property Manager, then you can apply to NCAT, or the state tribunal where you live, and have the case heard by a Member. If it is simply cleaning where your cleaner needs to go back and rectify issues, then get that organised as soon as possible. We hope this heaps, Bec Reid

  • Daven Prusuthman says:

    Hi

    We stayed in a rental apartment for 3 years with out any issues and on the day we were leaving the property managers noted small bubbles on the laundry benchtop (this is from accidentaly spill of detergent). it is so small that it it does not affect the use of the benchtop. The landords have now insisted we change the whole benchtop with out giving us options for cabinet makers and viewing time to come take measurements so we can buy a benchtop replacement they keep pushing us to get a cabinet maker they choose as it is more convenient for them. Now they have said the cabinet maker needs a plumber to disconnect the sink and the cabinet maker has chosen his own plumber who is quoting nearly 400 dollars to disconnect and reconnect the sink. All up this is running us nearly 1000 dollars and the damage is no where near the amount. They keep pressuring us and sending us emails and not giving us time to look around for quotes or help by allowing other people to go visit the place to take measurements (as there is already new tenants) I agree the accidental damage is my fault but not at the cost of 1000 dollars. Is there any way for me or just pay up the 1000 dollars. The owners are chinese and they dont understand english my first option was to give them some money for the damage and move on as the damage is so minute there is no loss of functionality to the benchtop.

    Kind Regards
    Daven

    • Bec Reid says:

      Hi Daven, thanks for your comments and questions. $1000 sounds very costly for the issue you have described. It is our opinion if you were to take this issue to NCAT, the Member would ask the property manager or the Landlord why you were not given an opportunity to rectify the problem once it was discovered. Is it being managed by an agent or are you renting directly from the owner? You could try to negotiate and come to an agreement without actually having the bench rectified, but before you agree to anything I would suggest you try and get your own quote. We hope this helps! All the best with the issue. Bec Reid

  • Mary says:

    Hi there. We have rented out our 5 year-old home while we are living overseas. We did this privately and had very good tenants who communicated problems in a timely manner, and we made repairs wherever necessary. They recently moved out and an inspection was done, during which everything seemed fine. We now have an agent managing the property and two days later our new tenants moved in. They immediately spotted water damage to the island bench in the kitchen. The laminate is peeling off the shelving and doors and the polyurethane cabinetry has swelled, warped and cracked, resulting in thousands of dollars worth of damage. We suspect there was a leaky pipe under the kitchen sink, but the previous tenants have also mentioned that they used to keep a compost bin under there. Our insurance company is covering the damage to the island bench, however there is an excess of $1,500 that we need to pay. Our tenants are calling this ‘wear and tear’ but we feel that they had a responsibility to return the property in a similar condition to that in which it was rented out. Would it be appropriate for us to withhold $1,500 from their bond to cover the insurance excess?

    • Bec Reid says:

      Hi Mary, thanks for your question and comments. This is a tough one… Was there an In-going Inspection Report completed prior to them renting privately from you? If this case was taken to NCAT, you may find that you could lose if you haven’t got sufficient evidence to prove that it was not damaged prior to them moving in. Have your ex-tenants admitted to the damage or do they know what has caused it? If it was a leaky pipe under the sink then it really isn’t the tenants fault and therefore, they shouldn’t be expected to pay for your excess. Has the insurance company inspected the property and determined what the cause was? Bec

  • SYED TAUSEEF RAZA says:

    Hi John. My kid stuck a balloon on the wall with a tape. While removing this it peel off the paint a little (5 cms) REA is asking for the entire wall to be painted as they think its a damage. I told them, I am happy for this section to be patched and not the entire wall, however they keep saying whole wall ( it wasn’t newly painted when we moved un). Please advise

    • Bec Reid says:

      Hi Syed, thanks for your question. It is our opinion also that this is considered accidental damage. Can the wall actually be patched? What are the reasons they are saying that it can’t be and that it needs to be the entire wall? Bec

  • Anthony says:

    Hi,
    We’ve been living in the current apartment for 3 years. Property Manager didn’t conduct any periodic inspections during this time (not even a single one). Should I worry about this? What kind of problems this could cause when we move out?
    Thank you!

    • Bec Reid says:

      Hi Anthony, thanks for your question! At the end of the day the property manager is doing a disservice to their client, the Landlord. As long as you are reporting repairs and maintenance issues that you have and they are being fixed, then in our opinion there shouldn’t be an issue. This is on the proviso that the property is returned as close to original condition, less fair wear and tear, according to the Ingoing Inspection Report completed at the start of your lease. Is this the case? Has there been any damage to the property? Bec

  • Mike says:

    Hi I have a rather unsightly oil stain on the living room carpet that a old roommate accidently left when he was packing up I showed it to management and they told me in no uncertain terms that if and when I move out I’m footing the bill now it was a accident and I’m the moron that allowed my old roommate to leave and I’ve lived at this location for almost 5 years can they make me pay to replace a carpet that is older than 5 years also the place has no oven vents is that against the law I live in canada alberta

    • Bec Reid says:

      Hi Mike, thanks for your question and comments. I am sorry this has happened to you. We have no insight into the laws in Alberta, Canada, so we can’t make any specific comment to your particular situation. However, if you lived in Australia, we could tell you that carpets have a life of 10 years according to the Australian Taxation Department ruling regarding depreciation. So your best bet is to try and negotiate with the Landlord or the Property Manager. We hope this helps somewhat, Bec

  • Dee says:

    Hi, I was renting from a family member whom gave us permission to get a dog and when we moved out we cleaned the house and washed the carpets ourselves. When we handed our keys over we all walked through the house and the landlord was happy with the condition and took our keys. 2 weeks later we were called back and the landlord was not happy because now the carpet smells and they keep vacuuming up fine sand which leaves marks on the carpet when you walk. I now had to get a professional carpet cleaner to come and redo the carpet. My question is, is this considered wear and tear as they want to hold us responsible for the carpet

    • Bec Reid says:

      Hi Dee, thanks for your question. It is our opinion that this is not wear and tear, but would be considered accidental damage. BUT! In your particular situation, it is really too late for your family member (who is the Landlord) to claim damages two weeks after you have vacated and handed the keys back. If there was a problem, they should have given you an opportunity to rectify it. How do you know if the smell has come about because the home wasn’t properly ventilated after you vacated? Also how old is the carpet? Is it over 10 years old? Bec

  • Michelle says:

    Hi Team,
    We have rented the townhouse in QLD for 4 years and the vanity had water damage on it. We are being asked to replace the vanity as the property manager feels that it is not a usual wear and tear as the other units did not have the same issue. Do you think we can perhaps just cover half of the cost instead of covering the whole cost of the vanity plus installation? Appreciate your feedback. Thank in advance.

    • Bec Reid says:

      Hi Michelle, thanks for your question. How old is the vanity and was the damage there before you moved in? You can always try to negotiate for half the cost, if you feel that it is fair and that you were responsible. Is the vanity water damage from splashes from the bath or was there a leak from the basin? How do you think it has been damaged? Bec

  • Zee says:

    Hi I’m moving out of a rental property that we’ve been in for 12 months, it was newly renovated on the inside when we moved in. I’ve noticed a mark on the wall where the couch was leaning this mark can’t be cleaned off, wondering if this is fair wear and tear or If I will be liable for this?

    Any help it appreciated

    • Bec Reid says:

      Hi Zee, thanks for your question. It is our opinion that you would be liable for this accidental damage. Talk to your Property Manager and see if the paint can be patched up by a handyman, but ask for a quote first. It is best that you pay for the work to be done rather than the property manager taking the cost from your bond. Hope this helps, Bec Reid.

  • Yasseen Salih says:

    Hi,
    I moved into an apartment this weekend. I was walking to the balcony and didn’t realize the glass sliding door was closed (Doh). I hit the glass door hard (thankfully it was safety glass so it didn’t break) but the whole sliding door came off the rollers. Obviously my face didn’t wear so well lol. My question is, is it my responsibility to repair and pay for getting it fixed?

    • Bec Reid says:

      Hi Yassen thanks for your question. Ouch! That would have really hurt! Did the glass have safety stickers on the glass sliding doors? If so, it us our opinion that it would be reasonable to say this was an accident, and you would likely need to pay for the repairs. If there were no safety stickers, then you should contact your property manager and let them know what has happened. In our opinion here, it should be the responsibility of the Landlord. They also need to make the doors safe for occupants and visitors. We hope this helps, Bec Reid

  • Andras K says:

    Hi there,

    I recently moved out of an apartment and the landlord wants to keep our bond because the glass slash-back panel behind the gas burners on the oven top is scorched. I tried everything to clean it however it looks like the glass is burnt and there’s no way or removing the burn mark on the glass. Could this be argued poor design where the gas burner is too close to the wall therefore burning the glass splashback is considered wear and tear or poor design?

    Also, the face of the bottom kitchen cabinet under the sink has a scratch, I assume they would want the whole thing replaced… is there anything we can do? The scratch is about 25mm x 3mm wide and the coating looks like it cant be painted. Please help

    • Bec Reid says:

      Hi Andras, thanks for your question. This is a tricky one… Did the Property Manager conduct any periodic inspections on your property while you were leasing it? They should have seen and reported the scorch marks back to the Landlord. Was it a brand new splash-back? It sounds like the gas burner cook-top was positioned too far back – unless you used a hand-held blow-torch to cook and you scorched the glass by hand? Due to what you are describing, we are of the opinion that the problem is poor design. Even if the Landlord lived in his/her own property, it is likely they would have doe the same thing with normal use of the stove. Talk to your property manager about the scratch. If it is laminate, it is almost impossible to fix and you have to pay for replacement. We hope you find this helpful. All the best, Bec Reid.

  • Josh M says:

    We have a patch of carpet about 1metre square which has ripples where an office chair was used. The carpet cleaner told us that all the carpet was very old and all the glue had lifted in the entire area. about 30 square metres.
    Our neighbour said the carpet was installed under insurance about 15 years ago because a washing machine flooded the house. This occurred again 18 months later but wasn’t replaced.
    Ripples all over the carpet can be seen (photographed). Landlord had a carpet company write that the damage from chair was only caused by the chair and nothing about age of carpet.
    Side note (my mother uses a chair on carpet in her room everyday for over a year and no damage. We used a chair for a month and damage.
    Are we really responsible for this damage?

    • Bec Reid says:

      Hi Josh, thanks for your question. Carpet has a maximum age of 10 years according to a ruling by the ATO for taxable depreciation purposes. Therefore, a Landlord is not able to claim for damage for carpet older than that. Ask your Landlord for proof of purchase which will show you a date of installation. If the carpet is younger than 10 years you may need to pay some compensation, but if it is older, you shouldn’t have to pay anything. All the best with it, Bec

  • Bernie says:

    Hello friends,
    Upon moving out of our home of 1 year 6 months we THOROUGHLY cleaned the property from stream clean through to soap and spounge. Now we are being asked to pay for “additional cleaning expenses” of $90 without any specific information other than the kitchen. As well as this there were scratches and discolouration to the plastic toilet seat which they are requesting re-imbursment of $165 which includes a new seat and the services of a tradesman for some reason.
    The additional cleaning I feel is the landlord being over the top and not our problem, and the toilet seat I thought would fall under unreasonable if not wear and tear. Am I wrong and completely off?

    • Bec Reid says:

      Hi Bernie, thanks for your question. The toilet seat sounds about right as some cleaning chemicals easily discolour plastic toilet seats and if it is damaged from that, then you are liable. Double-check your ingoing inspection report though, in case the damage was there before you moved in. Regarding the additional cleaning expense, you should ask for a receipt and ask for specific for what was cleaned. The Landlord really should have given you an opportunity to go back and clean anything that was missed. We hope this helps, Bec

  • Naomi Le Geyt says:

    Hi I’ve accidentally chipped a tile when smashing a plate by accident in the kitchen and filled in with magic tile. The ships are now filled..Do you think this will be enough to receive my bond or would i need to replace the whole tile?

    • Bec Reid says:

      Hi Naomi, thanks for your comment and question. These accidents do happen. This answer will be up to your Landlord. If you have fixed it as good as new, they may be more than happy to accept it. If it isn’t, then they may require you to replace the time. Bec, John Pye Real Estate

  • Scarlet says:

    Hi, my first day in I spilled softdrink on the kitchen bench and scrubbed it clean but its left a faint stain on the kitchen wood. I’ve done my best to mitigate it but help? I was tempted to varnish it but im worried ill screw that up

    • Bec Reid says:

      Hi Scarlet, sorry to hear about your accident. You may need to let your property manager know about the damage and ask them for advice before you attempt to varnish the stain. Bec, John Pye Real Estate

  • ELoise says:

    While removing a ceiling light shade to replace a bulb a piece of metal holding the shade on snapped in half – now the shade wont go back on. I am not sure if it snapped due to the age (the apartment is 10 years old)or due to me removing the shade incorrectly. Do I need to repair the light fitting (not sure where I would be able to purchase the spare part) or should I ask the property manager to organise the repaired

    • Vanessa Pereira says:

      Hi Eloise, we recommend you contact your property manager to discuss this and they will direct you on whether you are to replace it or not – Vanessa

  • Sally says:

    Hi i am wondering i moved out a week ago and i haven’t received my bond due to a bond dispute over carpet being replaced but they already have someone else living in the house is that aloud ?

  • Jen says:

    Hi,

    I have moved into a rental and after doing some cooking, i noticed a burn mark on the glass splashback from the stove. i have been unable to remove this and was wondering if i am liable to have the whole splashback replaced.

  • Treva says:

    Hi, we are just finishing up our tenancy today and the coating on the en-suite sink has started to bubble and peel away, this has happened over a period of several months, and is currently about the size of a 50 cent piece. Our agent has told us that the owner will be coming to the property today to see it and if she decides she wants to have it repaired we will have to pay $250 (they have only provided one quote) to have it recoated.
    We consider this to be fair wear and tear as we have done nothing to cause this, we haven’t dropped anything heavy to chip it, nor have we used any harsh chemicals or scourers. The main bathroom sink has had the same amount of use, has been cleaned the same way, and is in perfect condition.
    I have never had this happen in any property ever, and can’t understand how this could have even happened in the first place, besides the fact that it is an ex display home and they have assumably just installed a cheap low quality sink in for show, to save money. The plug in the sink is a press down type and it doesn’t even work, it is just a fake plug, which screws in.

    • Vanessa Pereira says:

      Hello, thanks for your comment. Apologies for the delayed response. How old is the sink? We’d love to know what the outcome was when the owner visited. Vanessa

  • Fred Hackworth says:

    Hi, We have been in our rental house for over two years. We have no damage to the house and we keep it clean and tidy. My wife and I are in our late 50’s and responsible tenants. Unfortunately after we lived there a matter of weeks tyre marks started showing on the Garage floor. We don’t drive in at any speed to leave skid marks or signs of heavy breaking, nor do we accelerate out of the garage, besides, there isn’t enough room to do either as the town house opposite is only a couple of car lengths away from our house. The manager of the property continues to mark the tyre marks on the inspection sheet and tells us to have the marks removed otherwise we would lose our bond. At no stage prior to the lease were we told not to use the garage or cover the floor so it wouldn’t get marked. Can you please advise. Thank you. Fred

  • Owen says:

    Hi there,

    We have been renting my House for 1 Year and moved out. we kept the whole house nice and clean for the past 1 year. However due to unknown reason, there is some small water marks on the ceiling. its not obvious unless you stand right under it and look at it. However i did try to get the matching ceiling white paint to paint it over. but now when are you standing away from the ceiling due to the lighting you can see there is a patch of different tone between the new and old paint.

    Due to this the agent is going to charge me for $550 to re-paint the whole living room/kitchen. It is fair for the agent to charge me this amount, just because of it?

    Below is reason given by the agent.

    “Attached is the quote to fix up the blemished ceiling.
    Unfortunately the whole room needs doing so it all matches & doesn’t look out of place.”

    • Bec Reid says:

      Hi Owen, thanks for your question. For these situations, always ask for a second quote on the painting if you don’t trust the quote that has been supplied. But my question is, where has the water come from? Is it a single-story property and the roof has leaked, or has someone splashed water and then it has marked the ceiling? If it is the latter then it is considered accidental wear and tear and you as tenants are responsible for it. We hope this helps, Bec

  • Brittani says:

    Hi there,

    My partner and I are in the process of vacating a property we have rented out for the last three years. In that time, whilst away for one night our beagle decided to break into the house through a window that was left slightly open. In the process of breaking in he chewed through and damaged a section of ventex blinds. Unfortunately, the supplier doesn’t stock the same colour blind anymore being over 12 years old. They won’t even repair it as it is out of warranty. Another supplier is able to repair by removing the sections that are broken. Yes this would mean the blinds are slightly shorter than the size of the window but it wouldn’t be a significant gap and I believe would look better than having a different colour blind in the room that has two other windows. Replacing the entire section which is large with another “similar” colour I would deem unreasonable due to the cost of replacing such a large section when only a small section needs replacing and considering the blinds are over 12 years old – they have depreciated in that time. Am I correct with this rationale or would the owner dispute this and try get us to replace the entire section at our cost?

  • Donina Vaa says:

    Thank you for such a wonderful blog! It helps educate and supports tenants.
    My issue is that we were to vacate by 9th May, organised to move early as the owner rung us specifically to say they needed to move in early as they have Ramadan May 5th. We managed to find a place and moved all out a week early to clean the place and hand the key prior to May 5th. However Council noted they cannot pick the rubbish till May the 9th. The owner came in 3 times or more during this time to do inspection and get quotes to have their home repainted. No appointment was made whatsoever. Owner noted that they will have the home repainted as soon as they move in. Moved out on the 27th April, requested a few times to the Real estate to do the Inspection early so that if there is anything needs done we have time to rectify. The Real Estate came back on Thursday 5pm for an inspection Friday 9am which we could not attend because of the late notice and prior commitments. Upon inspection on Friday the Real estate asked late Friday for the keys to be returned the next day and noted that there were issues with the walls and skirting, they were dirty, carpet was dirty and a scuff mark. Also the owner had asked they want the rubbish to be removed immediately and not on 9th by Council.
    We noted that we can have the walls and skirting re cleaned, the carpet re-cleaned (even though we had a receipt), however for the floor scuff, we need a full report with images so that we know exactly all their issues. We noted that we will return the keys on may 9th, the original day of termination as by then the rubbish will be picked up. The Real estate said she will send us the report early in the week. It is now 8th May and she has advised us she will only send us the report after a re-inspection and the keys have been handed back. My issue is that they will not give us the chance to rectify the issues if there are any!!!
    Can we be given time to rectify the issues?They say the owner has noted they are moving in and do not want us to go in and rectify , they prefer to fix it themselves and then charge us. I prefer to rectify things myself. Thank you

  • Maria says:

    Hi we rented a property from a friend of 30 years and it was a nightmare! Now at the end of our 1 year lease he has claimed for the smallest of things, some we have taken respondibility for but others which we didn’t do (chips, dents, dodgie patch up work on walls etc) aren’t our doing. We suspect he’s upset over a break in we had 2weeks before lease ended which made him spend almost $800 of repairs. He lived in the house before us and there’s no evidence either on the agency’s side or our side to prove him wrong! We know he likes to do repairs himself as he never allowed anyone to repair anything in the house, so we are quite confident he either did these dodgy repairs or s3nt someone cheap to do. He claimed that the house was freshly painted at the beginning of the lease so no one even cared to take a look at these details, we noticed them during our stay but didn’t think that “our friend” would end up blaming us! Please advice on what to do please..

  • nicole sussan lawrence says:

    Hi, i have been in my NSW rental property for over 9 years. Here are my questions:

    1. The floors are tiled throughout and the grout is overall discoloured compared to the entry report/photos, do i have to get the grout back to that perfect white?
    2. There have been MANY hairline cracks appearing in the small/medium size kitchen floor tiles, no impact damage, just cracks from one side/corner to another. Is this an indication of the extensive life of the tile and is considered wear and tear?
    3. I have 2 instances of small cut out corner pieces of tile in 2 bedrooms which have cracked. Both i believe are a result of bed posts because i cant think of any other reason. One resulted in a cracked tile, however one seems to have rotted floor boards/base underneath and you can see straight through to the Earth! Will i have to fix both?
    4. Over the 9 years there has been many instances of holes in walls, kids knocking into things, balls, toys etc, and each have been properly patched and repaired. Some of the house was painted sometime before i moved in, not directly before however, and i’ve been here 9+ years, do i have to repaint over the repaired areas?
    5. I have scuff marks, nicks and whatnot in the paint of a few high traffic areas such as main hallway, living/dining, 1x child bedroom. Will i have to repaint the rooms?
    6. I have an under the counter water filter in the kitchen with a spout coming up on the sink. Its been used once in 9 years because it is a very old looking unit, and i wouldnt drink the water from it if you paid me. I think i remember hearing from my original agent that id have to replace the filter upon moving out. Is this true?
    7. The vanity in the bathroom has suffered damage from a massive busted pipe issue, then leaking taps a few times that the owner will let happen for weeks to a month at a time. The cupboard material as a result is bubbling and warping. The mirrored cupboards above it are older and not in great condition (doors always sagging and needing to be adjusted etc) and i once reached over to pick something up and on my way up caught the top of my head on the corner and cracked the corner of the mirror (needed stitches too!). Can they make me liable to replace the cupboards/vanity? And what about the cracked mirror?
    8. I have had 2x attempted breakins over the years. First was a smashed front window, i called realestate they said i had to repair, three days later they sent a window guy, but i had already repaired it. Second time someone pushed in the metal screen of the front screen door so that it came off the door frame. It was from the bottom up to near the main door lock. They were then unsuccessful at breaking in for some reason or another. I reported to the real estate immediately however they said its my issue to fix. I have popped most of the screen back into its frame and rivited as much of it in position as possible. Is it true that breakins are tenant responsibility even with police report? And will i have to replace the screen door, as it doesn’t look fantastic, but functions fine.
    9. If i fix/replace non urgent items that are the landlords responsibility to fix/replace but they don’t do them after months or years of having been reported, can i reasonably expect to get my materials money credited to my rent account if i give receipts?

  • Amy Murray says:

    We have recently moved out of a rental and a small scratch was made on the wall when furniture was being moved. The landlord has given us an invoice for $250 to repair the damage. We don’t think this is fair and reasonable. If we take this to the tribunal I am assuming it will be classified as accidental damage. Should we pay the $250, ask for further quotes or go to the tribunal?

    • Vanessa Pereira says:

      Hi Amy, thanks for your comment. Sorry for the delay in responding. How’d you go with the dispute over the scratch on the wall?

  • Loz says:

    Hi there,
    We have been in our rental for 5 years, the second hand carpet has been here for 16 years! And hence this the carpet is fraying in areas the owners have patchworked and joined it.
    One area has become quiet tatty by accident and by the quality of the carpet.

    Would we be liable?

    • Bec Reid says:

      Hi Loz, thanks for writing in with your question. Carpet has a lifespan of 10 years according to the ATO’s ruling on depreciation. No tenant is responsible for stains/damage/fraying of any carpet over the age of 10 years old due to this ruling. You should not be held liable. We hope this helps. Bec Reid

  • Rita Bonetti says:

    Thanks Bec,

    We actually didn’t even notice it until the real estate pointed it out so we’re not sure how it happened. Unfortunately our pre-inspection photos are not a high enough quality, so when you zoom in on the area you can’t tell if the chip was already there and we didn’t note it on our pre-inspection report. We’re waiting back for a quote from the real estate at the moment. They are also asking us to replace the light in the rangehood which isn’t working anymore (it was working when we moved in). Do we need to replace a light globe that is part of an appliance?

    • Bec Reid says:

      Thanks Rita, it is likely that if you were to dispute it and the case was taken to NCAT, the Member would rely on the pre-inspection report. If it says there were no chips, then we believe the Member would say you would be responsible. We would still suggest you make some phone calls to stone companies while you are waiting to hear the quote from the property manager. Then you will know if the the property managers quote is reasonable. Regarding the light globe if it was working when you moved in, you will need to replace it. Let us know how you go and also let us know if you have any further questions, Bec Reid

  • Rita Bonetti says:

    Hi,

    We have just moved out of out rental place, and there is small chip on the kitchen benchtop edge. The benchtop is made of stone (I’m not sure if it is engineered or natural stone). The edges are sharp (i.e. not rounded) and the chip is less than the size of a 5 cent coin and maybe 1-2 mm deep.

    The agent is claiming that we need to repair the benchtop, but we think this is just wear and tear, and part of having people live in the property. In addition, I have read that benchtop edges are susceptible to chipping. Could you please let me know your thoughts.

    Thanks!

    • Bec Reid says:

      Hi Rita, thanks for your comment and question. How was the stone chipped? Did something hit it? Did it break off when something was placed on top of it? Generally stone chips from the impact or collision of another heavy item – more than often, in our experience and in our opinion, it is considered accidental damage. How much has the agent quoted you to fix it? If you aren’t happy with the amount they have quoted you, get your own quote to repair the chip. We hope this is helpful. Bec Reid

  • Charlotte says:

    Hi, I am hoping for some advice. Our landlord wants us to pay for rust stains that are barely visible that we are not even sure we’ve made (as they almost blend in with the natural pattern of the marble countertop) We can’t even imagine how we could have done it as we have not sat anything metal on the counter. The only thing we could think of is there is a metal cooking frame that goes over the gas cooktop near the counter that may be rust has gotten off that and onto the counter when cooking. Is this considered wear and tear? If not is it worth fighting as the landlord wants 300 dollars for the rust stain removal. Any advice would be appreciated.

    Thanks

    • Bec Reid says:

      Hi Charlotte, thanks for your comment and question. Are you sure there isn’t evidence of stains on the in-going report prior to you moving in? Has your property manager made any note of the staining on the report or do they have photos of the bench top that they can prove that the stains were not there prior to you moving in? If the stains were definitely not there, this might actually be considered accidental damage from the item you are referring to – it is not intentional, it just might have occurred by accident. If you are concerned that $300 is unfair, get a second opinion from a marble or stone bench expert. They might have a simple solution that might cost much less than $300. All the best with your situation, Bec Reid

  • Bec says:

    Hi I’m currently a tenant and I need some advice. In the en-suite I have a 3 panel glass shower door which is over 15 years old. I’ve noticed lately every time I clean the shower glass door they seem to be getting worse and worse and looking more dirty. I have been told it could possibly be glass cancer where the glass has pitted and has gone through the laminate. No matter what I use to clean it it’s not getting any cleaner. Would this be classed as wear and tear or am I responsible for damaging it. I clean it on a regular basis and been renting for 2 years.

    Thanks

    • Bec Reid says:

      Hi Bec, thanks for your question. If they are deteriorating due to everyday normal use and you are cleaning them regularly as you say, in our opinion, it would be considered wear & tear. What was the condition of the screens when you first moved in? When you vacate, see if your property manager makes any claim about them. You may find they don’t as they are over 15 years old and I’m wondering if they or the Landlord have any evidence of the quality of the screens that were installed. Continue caring for them and cleaning them as you have been. We hope this is helpful and all the best, Bec Reid

  • Azmul says:

    Hello,

    I’m in a unit the property was constructed 20 years ago. I have been living in it since two years.

    During the first inspection the agent has noted that there is a small crack appearing in both the bathrooms vanities. My wife thought may be kids has splashes the water only once and that has causes this damage, and the agent has make a note of it and I told him that I’ll fix it before I leave the unit.

    Now I’m leaving the unit in two week time, I called replir company to have a look at bathrooms vanities. They have identified a minor leak at the bottom on the sink which leads the water to get in to the wood and make it swollen/crack and that’s the reason that all the inner parts of sink including the doors and side walls are swollen, he also mentioned that the sink has also displaced from its original positions and the mark of it is very clear.

    In addition to that they mentioned the chances are very rare the damage has been done by just splashing water on top area, because the plywood is in good condition and it will not leak any water from the top to make any damages.

    This vanity has depreciating over the period of time and its not a result of few months or years.They told me that it is purely maintenance part which should be taken care by the owner to maintain the unit.

    Now, my agent wants me to contribute some amount to replace the whole vanities, I dont know what will be that amount.

    My question is do I have to pay anything in this situation if yes what will the formula or the amount I should be paying?

    Or is there any other options I can work on. Please let me know.

    Thanks
    Azmul

    • Bec Reid says:

      Hi Azmul, thanks for your question. Are you saying there is damage on the outside of the vanity and on the inside? Is it the doors or on the top? If it is on the outside doors, it sounds like it has been damaged by the splashing which has not been dried off quickly – this happens very easily. I’m wanting to understand more about the leak on the inside. Is the repair company willing to put their findings in writing? What is your agent suggesting? Suggest they get their own person to provide an opinion prior to you moving out. Ask your agent how much they are suggesting and then get a second opinion from your repair company. We hope this helps and we wish you the very best. Bec Reid

  • Malissa says:

    Hey, I need help please

    I moved out a property over 3 weeks ago now.
    Anyways my daughter put slime on the carpet in one of the rooms and I tried to clean it and got a professional to clean it and still didn’t come out, but yet when you look at the carpet it’s very old, or only over 10 years old, it’s lifting up etc. Anyways they are charging us $780 to replace the carpet plus get it taken away
    Do we have to pay all that or only some of none??

    Thank you

    • Bec Reid says:

      Hi Malissa, thanks for your question! Ask the Landlord to prove the age to you, because they will need to do that if this case goes to NCAT. A Tribunal member will request documentation proving that it is under 10 years old. If it is, then you will need to pay a portion of the cost for replacement. If it is older than 10 years old, the Landlord is unable to claim due to the ATO tax ruling of carpet only have 10 years of life when depreciating. So dependant on the age of it, you may only have to pay a portion of it if it was installed less than 10 years ago. Be aware, you should not have to pay the total bill. We hope this helps! Bec Reid

  • Chloe says:

    Hi,

    First of all, I’d like to appreciate you for posting such s wonderful and useful blog article for everyone who’s renting a unit in NSW.

    Secondly, I want to ask if the tenant is liable for the cost that the shower drainage caused by hair ? There’s a special condition in our lease agreement where it states “ The tenants agree to maintain/ clean the shower/ sink regularly.It is the tenant’s responsibility to fix the blocked drain should the clog is caused die to the tenants fault “ After 1 year of our tenancy, the shower plumb is clogged and the agent insisted that it is tenants fault . However, in our opinion, as the drainage is caused by hair not toy or other stuff we reckon it is defined as so called fair wear and tear . Plus, the agent invoice us the bill where an additional item described as “ unclog sink “ which we never mentioned in all the corresponding emails nor the agent had informed us such maintenance. Under such case , can we refuse to pay the cost for the blockage for falling hair is not our fault, it is human nature ? Also , can we refuse to pay the unclog sink cost as it never brought up in all the corresponding message and we think if there’s extra service , the agent should inform us in advance to avoid any dispute .

    I appreciate your reply and ,again, thanks for providing useful information that teach tenants to stand their rights .

    Regards,

    • Bec Reid says:

      Hi Chloe, thanks for your comments. We are glad you have found this blog post and that it has helped. Reading your description, this is not fair wear and tear and it is, in our view, a tenants responsibility. Is there a grate to stop hair going down the drain? Is there any reason why you can’t clean the grate of the shower or the floor of the shower on a regular basis to prevent hair from slipping down?

      The sink shouldn’t be too much extra cost as the Landlord’s plumber would have already charged the call-out fee for the shower unclogging and it would most likely only have been a little extra for them to check and clean the pipes under the basin. It is up to you if you would like to fight the agent about the additional cost. They will ask you… “Had you been cleaning the sink regularly? Because the plumber found… (insert the outcome of the plumber’s findings)”. All the best with your situation, let us know what eventuates, Bec Reid

  • Regina Bird says:

    Bec,

    We have applied for our full bond and they are taking us to the tribunal over the “outstanding” invoices. The date is listed for a week.

    They got back to us 2 weeks after the lease had ended, saying that they would like to work with the cleaners to rectify all the issues. This was the first time they contacted us after we returned the keys.

    I agree there are a couple of spots that could have had more attention to it (not $400 worth), but the agent said the entire house needed cleaning again including every cupboard, drawer, plus spider webs and the cockroaches. We thought that was unreasonable considering it had by then been two weeks since occupancy. In their outgoing condition report there are a couple of dead cockroaches in a drawer below the oven but the rest is just a slight dust film that was not there when we departed, as well as a small pea in the fridge seal and a greasy mark on the kitchen floor that must have had something in front of it and we missed. Unfortunately we did not take photos at this time. We know for the future!

    Mind you the property has now just been listed for a multi-million dollar sale four weeks since we departed. New carpets, cleaning etc. I suspect that is not relevant to the tribunal but to us it just seems like the agent is trying to get costs towards preparing the house for sale.

    Thanks for your responses. We would be happy to contribute 10% towards cleaning and half the electricity but disagree with the rest.

    Regina

    • Bec Reid says:

      Hi Regina, All the best at the Tribunal. Try and mediate a solution and if you need help, there should be a Tenant Advocate moving between the rooms and they are there to assist in the mediation – this happens prior to any hearing. Keep us posted on the outcome, Bec Reid

  • Regina Bird says:

    At the end of our two year fixed-term lease we were given a 30 day eviction notice b/c the owner wishes to sell. We had glowing reviews at each inspection (at least every 6 months). The house is approximately 150 years old and has many “air gaps” so would often get dusty but we kept it in excellent condition. We engaged cleaners ($350) at the end of our tenancy plus did a lot of cleaning ourselves (all receipted including cleaning products). We also had an issue with lights and spent approximately $150 on light bulbs a few weeks before our eviction notice. In the incoming condition report we recorded that the place was dusty, there was rubbish left outside and many light bulbs were blown. Even though it was a 2-yr lease worth around $150k the place was not painted or carpets cleaned before we moved in (there even had been a pet in the previous tenancy).
    The agent did not undertake the inspection until 6 days after our lease ended and didn’t give us an opportunity to attend. They have complained that there was dust, cobwebs and cockroaches and have raised invoices for cleaning ($400), pest control ($200) and electrician and replacement of light bulbs ($160 – for approx. 6 light bulbs including difficult to reach downlights and lights that were not even listed as blown in the outgoing condition report). In fact, they marked a cross red on every item of the outgoing condition report. We have offered to pay half the electrician costs (which they agreed to) but remain resolute against the other costs. I understand cockroaches are a tenant’s responsibility and we had baited and sprayed throughout the tenancy, but the house was empty for almost a week and we believe they moved in during that time. There was a fridge, microwave and dishwasher in the house that I think were probably the cause. They have now applied to the tribunal. They have listed no damage but just the costs I have mentioned above. The place is already on the market and looks incredibly tidy.
    What do you think our chances are at the Tribunal? This has been incredibly stressful.

    • Bec Reid says:

      Hi Regina, thanks for your comment and question. We can imagine that this situation has been so stressful for you! Are you in NSW? If you are, in our experience, if this case goes before a Tribunal Member, they will ask the agent why you were not given an opportunity to go back and rectify the issues raised. 6 days later to conduct an outgoing report seems to be too long after you have vacated. At NCAT (Tribunal) they always have a mediation session before the case is heard by a Member. Did they claim your Bond to pay for the items or have they insisted you pay? Bec

  • Vivian wang says:

    My landlord wants to hire a cleaner amounting to $327 for minor cleaning issues(their words). I’ve extensively cleaned the house but they want cobwebs gone, oven stains on the fan and tray gone, grout and mould cleaned. I would attribute that to wear and tear, but am I wrong? I’ve told them about the mould problem before and the grout is present in the entry conditions report.

    • Bec Reid says:

      Hi Vivian, thanks for your comment and question. $327 for cleaning is quite reasonable, but it depends on what the Ingoing Report stated as the condition when you moved in. These items are not considered wear and tear but are items of cleanliness. Were there cobwebs/oven stains/dirty grout/mould present prior to you moving in? If not, then you are required to clean it to return it to that same condition. We hope this helps, Bec Reid

  • Olivia says:

    Hi, as a group of young renters, we believe that our landlords may be trying to manipulate our lack of knowledge and understanding of legislature and tenancy rights to get more money from us. However, there are a few pieces of info, I hope you’ll be able to advise in some capacity of the best route to pursue!

    1. New carpets were put in before we moved in, and we moved out and allegedly left some very small/pale stains unbeknownst to ourselves (no pets also). We received a receipt of carpet cleaning to be removed from our bond which was not a contractual condition, nor mentioned to us prior to occurring. As carpet is a grey area + it could have never been returned to its brand new state, how would you advise we continue (eg dispute the claim or just agree)
    2. We agree to two incidents of accidental damage and are more than willing to have these removed from our bond. However, there are two other incidents in which we argue were there before we moved in. They are not in the incoming report from the agent, nor from us (due to my computer breaking and losing all of the photos i took). As they must prove on the BOP, would you recommend we dispute or just pay as neither has evidence?
    3. Will our rental history be tarnished if we choose to dispute rather than lose our entire bond + potentially $1000 in compensation?
    4. If we choose to dispute, should we advise the agent via email and ask for new number to be made up eg/ we refute the entirety of the cost and seek to minimise it. Or do we just make a new claim through the bond network?

    Thanks for your help, we are completely unprepared and nervous. We accept full accountability and responsibility for the damage that we did cause, but don’t want to be taken advantage of for the others. This company has a history of trying to get more money out of young and less experienced renters. Thanks!

    • Bec Reid says:

      Hi Olivia, thanks for your questions.

      1. New carpets – Firstly how old were the carpets? You dont say how long you were in the rental property for, so the age will determine how much they can claim. Carpet life is only 10 years, according to a ruling made on depreciation by the ATO. So, if you were in the property for 3 years, you are only liable for the remaining 7 years “of life of the carpet”. If you are questioning cost, get your own quote. Tell your agents that you do not want the bond touched – it is important for your rental history that you pay for any costs directly so that your bond can be returned in full.

      2. It all comes down to evidence. If they take you to the Tribunal they need to prove their claims and it will be thrown out by the Member if there is no evidence. Is it fair what they are claiming? If you admit to the damage, then pay for it, if it is not fair, then don’t. You will know if you did the damage or not.

      3. You do run the risk of it. We are of the opinion that when there are amounts owing after a lease is finished, pay for the outstanding amounts directly so you can get your bond returned in full.

      4. I don’t quite understand this question. Can you clarify what you are meaning here? If you dispute what they are saying, try to negotiate. Ask them for all the claims to be summarised and itemised with quotes to rectify. Evidence is a must. If they don’t have evidence, they can’t make a claim. Once that has been sent to you then you decide what is fair and what is not fair. If you are questioning costs, get your own quotes done. The quicker you get the quotes, the more likely they will be inclined to negotiate. Don’t be slow with organising people to inspect and do this for you.

      All the best with it all, Bec Reid

  • Mukul says:

    Hi ,
    I need an opinion on a few marks related to carpets. The day I took the property on lease there were a few black marks on the carpet here and there (I took pictures and sent it to my agent). I never took pictures of one single area in my apartment. Now when my lease is going to end , my agent said that I need to get my apartment professionally cleaned . From my note , the apartment is really very cleaned and there has been no damage to the property and it’s just not professionally cleaned. The agent says that he got it professionally cleaned before I came which I don’t believe and even if he did why were there a few black spots on the carpet before I moved in. and if there are a few more black marks (in the areas where I didn’t take pictures) , am I responsible for that. MY final inspection is soon and they say if everything is not upto their expectations they’ll either take money from my bond or take me to court.

    • Bec Reid says:

      Hi Mukul, remember for any claims against you, they need proof. Go back to your Ingoing report and see if they had reported the property being professionally cleaned. Also ask them to send you an invoice of the professional cleaning. If there are marks that you have made that were not on the Ingoing report, then you are liable. If the marks were there before you moved in, you are not liable. If they want to take you to Tribunal, they need proof to make a claim. We hope this helps, Bec Reid

  • Prity says:

    Hi

    I am living in a rented apartment and found some scratches on the glass cooktop after using it for a while. I tried using recommended cleaner and took utmost care of it but scratches were not going off. I am first tenant of the apartment and cooktop is still under warranty. So I thought to contact apt maintenance to see if they can get it replaced. But they took the picture of all scratches and sent me an email that I will have to pay for the replacement of the cooktop either now or when I move out.

    Now I feel cheated for my honesty. I myself told them about the scratches and instead of helping they are asking me to pay for it.
    I can live with the scratches but I don’t want the apartment maintenance to deduct money from my security deposit amount which is normal wear and tear.

    What are the options do I have here?

    • Bec Reid says:

      Hi Prity, thanks for your question. These scratches seem like they are damage unfortunately, not wear and tear. Was something dragged across the glass? How were the scratches made? Bec Reid

  • AD says:

    Hi,
    I’m just curious if this is a fair ask and it it is considered accidental damage or wear and tear.
    I’m about to vacate my unit and the realestate has told me that if I can’t clean a window then I will have to replace them both. These windows seem to have some kind of tint damage I’m assuming I’m not to sure. I have spent a lot of time and effort trying to clean whatever is on it but I have had no luck. I k ow this wasn’t caused by me because I’m very pradentic about how I live in rentals. I did notice the window had something on it but for some reason have missed puttingnit on my entry report I know this is my own error, I had also assumed it was poor cleaning by whomever vacated before me as the shower still covered in soap scum and build up along the rails but also the toilets weren’t cleaned properly either.
    Can you please tell me if this is a fair request or if I should be taking it further?

    Appreciate your time thanks!

    • Bec Reid says:

      Hi AD, thanks for your question. It would be best to refer to your In-going Inspection report that you signed and handed back to the agency. Were they dirty when you moved in? You need to look at the evidence. We hope that gives you some guidance. All the best, Bec Reid

  • Lily O'Connell says:

    Hiya, Could you please give me some advice on the following. We have a roller blind in our bedroom and about two months ago the mechanism in the blind gave way, through no fault of ours, and no longer works. In order to have the blind up (which is always the case) we have to tie the chain to a hook on the wall. At our last mid-lease inspection, I informed the propert managers of this but had no response. We are now moving in 2 weeks time and I am just wondering whether they will penalise for this and deduct money from our bond. I personally believe that this should be classed as wear and tear but would love to know your thoughts?

    • Bec Reid says:

      Great question Lily, thanks for sending it through. It seems like it could be wear and tear, as long as it wasn’t used roughly. Do you happen to know how old it is? I would send another follow-up with the agent to “remind” them of the original report of the damage. This can happen naturally through normal everyday use. We hope that is helpful, Bec Reid

  • Theresa Bedelph says:

    Hi
    I am just about to move out of my rental property I have been in for 15 years. In one of my bedrooms I have a outline where a side table’s stain has for some reason bleed into the carpet. I have had the carpets professionally cleaned twice and the cleaners have said it will not come out completely. It had gradually faded over time but it is still visible. I will get the carpets cleaned again the week I vacate but am I liable for this considering the carpet is at least 20 years old as it was not new when I moved in 15 years ago.

    Thank you
    Theresa

    • Bec Reid says:

      Hi Theresa, thanks for your comment and question. The carpets are now out of “life” when it comes to the ATO ruling on depreciation of carpets (They can only claim up to 10 years), so really you should be ok and not be penalised. We hope this is helpful. Bec

  • Laura Dawson says:

    Hi Vanessa,

    What a great resource to ask questions! We’ve just moved out of an apartment block after living there for 3 years. We offered to replace the entirety of the carpet as there were a few stains, as well as repair a chip in the bath, repaint some doors (though this seemed like normal wear and tear) and replace lights. We have been more than accommodating on this move.
    However, upon giving our notice the agent advised us the bylaws had ‘changed’ (without us being notified) and that strata required a $500 ‘moving bond’ which they would return if there was no damage caused during our move. The apartment block is very large, and the hallways/stairs we moved through are frequented constantly and don’t have any locks. They are open to the public 24/7 and the area is very busy, with members of the public coming through our apartment block everyday. Strata were not prepared to take any prior photos or provide a condition report, therefore, we told them we weren’t comfortable handing over $500 with no guarantee we wouldn’t be accused of pre-existing damage/ damage made by any other persons passing by.
    Unsurprisingly, we received an email following our move claiming that every pre-existing scuff, mark and paint chip (of which there are many) in the hallways was caused by us and we were liable. This damage is consistent with all the other hallways in the apartment block (which we didn’t move anything through).
    The agent is now withholding our entire bond until we agree to pay for this common area damage which we did not cause. Who can we talk to to get this sorted?

    • Bec Reid says:

      Hi Laura, thanks for your question. We hope everyone who reads this finds it useful as a guide. This is an interesting case. It seems unfair to be charged this when there is no evidence of what it was prior to the By Law being introduced. Firstly, you should have been given notice that the By Laws were changed. Secondly, ask the agent/strata manager to prove the damage made. This will be asked for if you were taken to Tribunal for refusing to pay. You can claim the bond yourself by going to the Rental Bond Board website. We hope this helps, Bec Reid

  • Albermen Barraquiel says:

    Hi Vanessa, I would like to know if we will be liable for any cost.
    We live in as studio room and tried our best to make it clean as it was in the first day we moved in. We used sticky hook (3M) on the concrete wall to hang our photo and wall clock. But when I was removing the sticky hooks, the paint (approximately as big as $1 coin) came off with it.
    I’m thinking of reporting this to the real estate agent, but some people suggests to do touch-up since it is a small thing.

    • Bec Reid says:

      Hi Albermen, thanks for your comment and question. This is considered damage, even though it wasn’t deliberate and was unintentional, it is still something that will need to be fixed. How you go about fixing it is your decision, but to answer your question, you would be liable for the cost. We hope this helps. Bec Reid

  • Michael Park says:

    Hi,

    My car had a very sudden and considerable transmission oil leak which I didn’t notice until I had driven once up and down my rental property driveway. I have paid to have a pressure cleaner try to remove the stains but it’s had very little effect. The pressure cleaner told me that would fulfill my obligations, is this correct in your opinion?

    Thanks,
    Michael

    • Bec Reid says:

      Hi Michael, thanks for your comment. You should report it to your agent and get their suggestion. Don’t trust the Pressure Cleaner as they are not familiar with what is expected of a tenant when they vacate a property. You may need to get someone else to use a product to remove the oil as high pressure water blast has proven to not be enough. Kind regards, Bec

  • Kelly says:

    I accidentally knocked my iron off ironing board and scorched the carpet, I tried to fix the scorch mark but it doesn’t look like it will come out. My landlord is going to have a field day, and demand the whole room be re-carpeted. How much of my bond is the landlord able to claim? The carpet was heavily stained when I moved in and is approximately 5 years old

    • Bec Reid says:

      Hi Kelly, thanks for your comment and question. How old is your carpet? If it is less than 10 years old, they will ask for compensation and it will be a matter of whether a carpet layer can match the carpet. If it is older than 10 years old then there is no “life” left according to the ATO’s ruling on depreciation and what a Landlord can claim with damaged carpets. Bec

  • Lauren says:

    Hi Vanessa,
    Thank you for your reply.
    We have just had a second quote come back from the real estate which is dearer than the first.
    They advised that the section of floor in the lounge room cannot be patched due to the type of lino used being discontinued. Therefore they are stating the whole floor in the house needs to be replaced.
    I asked for evidence of age of floor and the owner cannot find a receipt or remember when this was done.
    Our previous property manager then stated it may have been done before she purchased the property and he doesn’t know how long she has owned it for.
    She has now asked us to pay $350 in compensation and she will foot the rest of the bill.
    I don’t believe the floors are by any means new. We have been there for 4 years and we don’t believe it was new when we moved in.
    My question is do they have to provide evidence as to how old the floor is and if none can be provided what happens then?
    Thanks for reading,
    Lauren.

  • lauren says:

    Hi,
    Just after some advice in regards to our previous landlord at our rental property trying to claim compensation for damage to lino floors.
    We lived in the property for 4 years. We have a heavy lounge so we put cardboard underneath to limit damage and impact to floors.
    We were advised our landlord was selling property, so we have moved house.
    Upon the final inspection the real estate said the floors in lounge room was damaged.
    Our lounge feet have left 3-4 round tears in the lino. All no bigger then 2 inches each.
    We are arguing this is fair wear and tear as we tried to avoid any damage by laying cardboard underneath feet.
    We have been researching and found that the lifespan of lino floors is about 10 years.
    Like I said before we have been at the property for 4 years and over time the cardboard has worked it’s way out and damaged the lino.
    This was not intentional.
    The landlords are now trying to claim $700 from our bond to replace the whole lounge room floor even though not even a 10cm by 10cm patch is damaged.
    Are we liable to pay the full price of the repairs?
    We are going to dispute the matter at the tribunal arguing fair wear and tear, just waiting on evidence about how old the flooring is.
    Thanks for reading,
    Lauren

    • Vanessa Pereira says:

      Hi Lauren – thanks for your comment. We agree that it would be considered accidental damage. Considering the age of the lino, in our opinion you shouldn’t be liable to pay the full amount. We hope this helps.
      Vanessa

  • Katty says:

    Hi,I am a lodger living in the property since 9 months.Vacating the property in one week, landlord spotted a carpet from first step of the stair has came out a little bit.Will this be wear and tear? The property is around 3 years old and landlord has not shared previous picture

    • Bec Reid says:

      Hi Katty, thanks for your question. Are you saying that the carpet has worn away on the step? Can the Landlord prove the age of the carpet to you as in NSW, Landlords only have up to 10 years to claim damages to the carpet. Let us know and we can see if we can help you. If it has worn away from normal use, then it would be considered wear and tear. If it has been damaged somehow, and there is a stain or a rip in the carpet, then it would be considered accidental damage. We hope this helps, Bec Reid

  • Tanya says:

    Hi,

    We have been renting fot three years in an unit. The agent have made a claim for the following:

    1. Cleaning – $517 – We have used the agent cleaner and they were not happy with the work and asked us for him to come back and clean again. However the cleaner doesnt want to return saying he is not equipped with the end of lease cleaning. My teleconversation refers saying he guaranteed 100% bond.

    2. Blind Cleaning – $495 – I have two toddlers but i dont know what is the mess all about after all only one sliding door blind were there.

    3. Carpet replacement – $495 – we have an iron mark which we addressed.

    4. Pest control – $140 – they fouund dead cockroaches in the dishwasher,

    5. Replacement of range hood filters – $169.40 – the light filter was broken.

    6. Remesh screen & patch paint blue & pink areas to wall – $220 – the fly screen came out.

    7. Compensation for scratches to the kitchen bench -$123.60 – it is normal wear and tear.

    Please help as this shocking number were given to us today. We accept some of it but overall my first time renting experience which is a nighmare. How do we fight for number one and seven which i feel totally unacceptable. We have already paid the cleaner beforehand $350!

    • Bec Reid says:

      Hi Tanya, Thanks for your comment and question. Wow! This sounds exorbitant! Except for point’s 3, 6 and 7, the rest seem quite high in terms of cost. Our comments to the points are as follows: 1. We never recommend paying for a job prior to completion. It is disappointing that this was a cleaner the agent often uses. Ask the agent for specific points that they expect the cleaner to fix. He/She should go back and fix those points to satisfy the Landlord. 2. Ask them to provide a full written quote. For that amount, it sounds like they are trying to replace the blind, not clean it. 3. That is fair enough – don’t ever iron on the carpet. 4. That is unfair. 5. Does this cost include an electrician to come and replace the filters, or is it the purchase of the new filters i.e. the product purchase price. 6. Was this damaged by the kids or a pet? It is pretty tough to for fly screens to come out unless they are old. This might be quite reasonable. 7. How were the scratches made? Did you drag items across the bench? How old is the kitchen? Were the scratches there before you moved in? Bec Reid

  • Neha Gupta says:

    Hi Vanessa

    Could you please advise , I have moved out of the rented apartment which I was renting from last 8 years , before i moved out I got the apartment professionally cleaned. Agent his asking to clean the shower screen again as there are water marks,we have tried over the years to clean it and professional cleaner tried as well. Cleaner also said the glass is poor quality and can not be cleaned any further.
    Please could you advise is agent being reasonable?, it was not anew apartment when I starting leasing .
    What could be my options or consequences.
    Thanks

    • Vanessa Pereira says:

      Hi Neha, thanks for your comment.
      What was the condition of the shower screen before you moved into the property? Do you have any photos of it?
      Vanessa

  • Mojy says:

    Hi Vanessa,

    We have left a rental property a few weeks ago and we accidentally broke a blade on a really old ceiling fan. The fan was so old and ugly that it was off putting and negative advertisement for the agent if they wanted to keep it to display the home to future prospective tenants. Now the agent is asking us to pay $100 for the fan (saying the owner has only agreed to pay 180 of the total cost of replacing it).

    Although we did damage the fan accidentally ourselves, replacing it with a new one still constitutes as an upgrade to the home. I was wondering if the amount they’ve asked is reasonable?

    They have also claimed that we’ve made scratches to the paint (mostly on door frames but a couple on walls). I don’t know how accurate this is, but I doubt it would be anything significant. They are asking to deduct another $300 from our bond for that. I just wanted to know if these claims are fair ot should we dispute them?

    Thank you so much in advance for your help.

    • Vanessa Pereira says:

      Hi Mojy, thanks for your comment. The amount you contribute needs to be agreed to between both parties. The age of the fan is the main thing to consider when deciding on the compensation amount.
      With relation to the scratches, was the property freshly painted when you moved in?
      Vanessa

  • James says:

    Hi there, I was wondering if I can have your opinion as a departing tenant to the property we’re in. The inspection by the agent has been done in consultation with the owner, and the have found that on the laundry tiles where our washing machine was, there are dark scuff marks from the rubber protective feet left on the cream colored tiles. The washing machine has been in the same place for 4 years. Their were 4-5 marks that were quite black and heavy, but with a lot of elbow grease, we’ve gotten them looking about 90% better than they were, but the scuff marks on the floor are still there and noticeable. The owner has some tiles left over from the house build, but want’s us to pay for the re-tiling to be done. Which we think is unfair considering we feel this is wear and tear over 4 years. In your opinion, would I be on the money here?

    • Vanessa Pereira says:

      Hi James, thanks for your comment. It’s a tough one because it certainly could be considered as accidental damage. How much is the cost of re-tiling? Could you negotiate to pay part of the re-tiling cost?
      Vanessa

  • Chloe says:

    Hi there,
    I have recently moved out of a house and my name was not on the lease. I had a potplant on the carpet and it ruined that area of carpet. I had that area of carpet repaired and replaced with an area of carpet from the built in wardrobe however because the carpet was faded it doesnt quite match. The replacement carpet in the wardrobe was also a darker colour but similar texture. There is nothing else I could have done in this instance and it would be impossible to get a colour to completely match the carpet. Do you think my former housemate has a right to with hold my bond from me in this circumstance?

    • Vanessa Pereira says:

      Hi Chloe, thanks for your comment. Sorry for our delayed response. Did your housemate move out at the same time or are they staying in the property? If they are staying then yes it may be reasonable to hold some of your bond because they may be asked for compensation for the problem when they move out.
      Vanessa

  • Tiarne says:

    2 years ago we moved into a rental that has linoleum flooring in the lounge room, kitchen, hallway and bathroom. The entry condition reports notes that the flooring has bubbling and tears throughout, either the lino is pretty old or was poorly installed. Sadly a young girl we were baby sitting tore up four spots roughly 5cm in diameter where there were bubbles and tears. We haven’t told the real estate agent for fear of being charged. Could our bond be taken or could we as the tenants be billed for the flooring needing to be replaced? Thank you

    • Vanessa Pereira says:

      Hi Tiarne – thanks for your comment. How old is the flooring? You shouldn’t be asked to pay for the full replacement particularly if it was damaged prior to you moving in. We recommend discussing it with the agent/landlord though so that the matter can be resolved before such time that you move out. With these sorts of things it is better to be up front and honest at the time it happens than when you move out.
      Hope this helps,
      Vanessa

  • Alls says:

    Hi, I’ve just moved out of my apartment. I had slight issue. In the kitchen there’s mirror glass behind the hob and after slow cooking for around 4 hours it cracked due to heat and now my landlord says that I’ll need to pay for it. Would this be under fair wear and tear? I got someone’s option and they said the glass behind it should’ve absorbent the heat

    • Vanessa Pereira says:

      Hi Alls – thanks for your comment. Was it slow cooking on the actual stove/hob or was another appliance used near it?
      Vanessa

  • Paul says:

    Hi – We have been tenants in this rental for 3 years and about to sign for another year. We have been great tenants and our property manager and landlord have been great too. In the garden, there is a pegola, with plastic-based shade cloth covering the top of it – we had a pot-belly fire/ chiminea underneath this area (fantastic idea).. we’ve used this many many times, and it’s never been hot enough out the top, to warrant any fuss about it.. but this one night the flames coming out the top were a bit higher (too much wood used) than normal and it’s melted a hole about the size of a foot ball above (didnt catch fire, just melted).. This is obviously accidental damage and as tenants we are entirely at fault and liable to do something here. I am just wandering whether a simple patch up, with the same material, would be considered reasonable, or whether we should replace the entire shade cloth? the shade cloth is about 3m X 8m – damage size is about the size of a football. Shade cloth is about 5-6 years old – Many thanks for any advice.

    • Vanessa Pereira says:

      Hi Paul – thanks for your comment. It’s definitely worth discussing this with your agent/landlord because if you were to patch it, then move out at a later stage and they query the patch they may turn around and ask you to replace it.
      Let us know what the outcome is.
      Vanessa

  • Courtney says:

    Hi,
    My husband and I have moved out of the house now but handing over the keys today. A few months ago my husband weighing 70kg sat on the toilet lid to watch our toddler in the shower. As soon as he sat down the whole lid snapped into pieces. We understand this is accidental damage, but we just got told time and time again to go to Bunnings and Reece’s to find a repalcement. We have been running around doing so, we even called the building company only to find out the type of seat it is. We then went to trade link and got told the company went under 18 months ago. Our realty agent said she would send in the plumber they use and it would just be the cost of whatever the new toilet seat would cost and a $50 call out fee. We then received a call a day later telling us it was going to cost us $300 out of pocket.. we are happy to pay for the $100 toilet seat and the $50 call out fee, but we did not get told we would be paying all the extra cost of “labour”. it apparently took them 1.75hr at $70 an hr to put on a new toilet seat.. we are extremely stressed and we have previously been charged $200+ from this realty in our last house for taking off the rexcomended hooks and a tiny bit of paint peel. We would just like to know where we stand with this. Thanks

    • Vanessa Pereira says:

      Hi Courtney, thanks for your comment. The cost seems quite excessive for a toilet seat! Sorry we didn’t get a response to you quicker – what was the outcome?
      Vanessa

  • michelle k says:

    Hi there!
    I recently went to open my back door which we use as our main entry and the kitchen tile has started to lift as you enter. I’d say it spans a foot or so across and it is peeling about six inches forward. We’ve been renting this home for 4 years and the tenants before us were in here for two years… so I know this tile is at least that old. (but looks much older) Regardless though, are we liable for this?

    • Vanessa Pereira says:

      Hi Michelle, thanks for your comment. In our opinion this would be considered wear and tear. If it is near a door it would be a high traffic area and it would have happened over time.
      Hope that helps,
      Vanessa

  • Leni says:

    Hi,
    Need some advice here, we been renting for 4 years then vacated the house. We did clean the house with the help of our family. Spent whole week to clean the house.then here comes the final inspection report.

    Issue number 1- not cleaning the house as they wanted,
    e.g dust on light switch; finger print on some wall. etc.. obviously nitpicking. Charged as $295 for a professional cleaners.

    Issue number 2 – chipped kitchen bench size of 10 cents coin, which we fix with our best ability. it is not that obvious unless you look closer. Charged us $650

    Issue Number 3- We patch paint walls (few patch paint about 4 small pathces) but color didnt really match the original color when dried out after applying. Then they charged us $400

    Agent filed case to Magistrate court and charge us $85 for court fee.
    We filed case too but we paid $85.

    We have tribunal hearing next week. Need some advice on what to point out here,
    Thank you.

    • Vanessa Pereira says:

      Hi Leni – thanks for your comment. How did you go at the tribunal hearing? Sorry we didn’t get to replying to your comment before the hearing but we would love to hear what the outcome was.
      Vanessa

  • Sof says:

    As a tenant we left the rental property a few days ago and left the keys with the agency to give to the cleaners to clean up the house. On Monday we received an email saying there is a hole in the wall and damage to the garage door. However we noticed none of this when we left, the wall was clearly not out fault as there is evidence. The garage door is shown to have minor dents but the agent wants us to pay for a replacement even though we have no idea how it occurred. Surely we can pay a fee to have the debts mended and not pay for an unnecessary replacement.

    Also there was a guest who accidentally burnt the carpet when visiting, should this not fall under accidental damage?

    • Vanessa Pereira says:

      Hi Sof – Thanks for your comment. Did you organise the cleaner or did the agent?
      With relation to the burn on the carpet, yes this would be considered accidental damage but you as the tenant are still responsible for it to be rectified.
      Hope this helps,
      Vanessa

  • Angela says:

    HI Kelly,
    We have just ended our lease after 2 years in our apartment. We cleaned the unit to an excellent standard – actually cleaner then when we moved in. The agent has come back and said that scuff marks on the walls are not wear and tear and also that a nail in the wall is our responsibility to repair even tho we did not put it there. There was marks in the ceiling where a handyman’s hammer had made some dents. all of which were mentioned to the Landlord when she turned up to inspect the property about 3 months into the lease, while the landlord was in that apartment I also told her that the chain for the blinds in the living room and bedroom snapped the first time we uses them and they needed to be repaired but it was never done. Now they also want us to fix that.
    Can you tell us where we stand on responsibility for these items? They also mentioned dust on a mirror and in a light fitting which I am happy to return to clean, but were also filthy when we moved in.
    Are we not in our right to leave the unit as we found it?
    Thanks for your help
    Angela

    • Bec Reid says:

      Hi Kelly, thanks so much for your comment and questions. The ingoing condition report should give evidence to whether the nail was in the wall prior to you moving in. Our own agency takes a very detailed photographic record of a property prior to any tenant taking possession of it. If your agent doesn’t do this, we recommend to all tenants to take their own photographic record so that there is no dispute at the end of tenancy. All nails and screws in walls are considered damage if prior consent is not granted by the Landlord. The breakage of the blind cord sounds like wear and tear and if you reported it after you used it for the first time, there should be no dispute. The scuff marks could be considered either damage or wear and tear depending on their significance. We hope this helps, Bec Reid

  • Niti Shah says:

    Accidental Damage V/S Wear & Tear

    Hi,
    I am tenant staying in the apartment. We have been using ceiling fan without any issue, suddenly the week before last when I was turning on the fan the knob came out.
    I informed property manager, he came and fixed it.
    He is charging me $40.
    I personally feel fan knob is a daily use item and it is not I put a force to break the knob. It suddenly came out.
    Moreover, Property manager did not inform me of this charge beforehand.
    Is this charge justified? Do I have the right to contend this charge?
    Please advise
    Thanks

    Regards,
    Ashish

    • Bec Reid says:

      Hi Ashish, thanks for your comment and question. We can’t see why they would do that and believe you should challenge the charge. If a knob comes off or if the knob is loose with normal usage, it could be considered normal wear and tear and you shouldn’t have to pay for that. If on the other hand the knob has been forced, then it would be considered damage. We hope this helps, Bec Reid

      • Niti Shah says:

        Thanks Appreciate your response.
        If they consider this as force, it is hard to contest.
        Generally, Fan Knob is something we daily use.
        So how should we defend our position?

  • Shelley Keenan says:

    Hi. I’m hoping you can help. I had a small gathering and stupidly allowed people to smoke inside and now I have a few small cigarette burns in the carpet which I believe was fairly new before I moved in. Due to the low pile of the carpet it is unable to be repaired. Will I be liable to pay for replacement of recarpetting? Or can they only charge on a pro rata type basis? Can they only take my bond or could they make me pay more? I am frustrated as up to now (20+ years in the rental market) I have had an excellent rental record?Leason learnt!!

    • Bec Reid says:

      Hi Shelley, thanks for your question. It’s a hard lesson to learn this one! First question, how old is the carpet? Carpet is depreciated from the moment it is laid, we don’t believe you would be responsible for the full replacement for this reason. But you may be responsible for partial replacement. We recommend you share your problem with your agent and come to some kind of agreement. It is hard to make comment when we don’t know the size of the burn marks. The other problem with carpet is that it is very hard to match the carpet. Is it possible to repair the carpet with strips from the wardrobe? We hope this helps, Bec Reid

  • Daniel Moss says:

    Hi my partner and I have just left a rental property after 1.5 years. The real estate want us to fix minor marks and scratches in the skirting board. Is this covered under reasonable wear and tear. They also want us to replace grass which is currently growing back after it had a mower on it. I have resowed the grass aerated the lawn and fertilised it over the last 6 months. It isn’t in growing season however grass runners can be seen to be growing. I feel like this is wear and tear as it wasn’t maliciously damaged.

    • Bec Reid says:

      Hi Daniel, thanks for your comment and questions. There are two separate issues here: 1) the skirting board – there is a fine line between wear and tear and damage. It really depends on the extent of the marks and how they were damaged. However, it could be worth your while to challenge this if you really believe that they are very minor. Again, since we can’t see any pictures or visit the property, we can’t give you any further advice on this.

      2) the grass – there is no such thing as wear and tear on grass. However, it appears you have damaged the lawn through incorrect use of a mower – did you cut it too short? We call this accidental damage, not malicious damage. It is important the lawn is restored in full to the same standard as the undamaged parts of the lawn. Damage is damage, whether it is accidental or malicious. A Landlord can expect to receive the property back as it was prior to your tenancy irrespective of the cause of the damage.

      We hope this helps, Bec Reid

  • Kelly Brown says:

    Hello, I am hoping you might be able to provide some guidance. I have just carried out a routine inspection on my 2 year old apartment which the current tenants have lived in for 12 months. The original property report stated that there were no marks on the carpet however there are now 3 or 4 stains which the tenants said they have tried to remove but were unsuccessful. The original property report also stated that the balcony tiles were slightly dusty and in good condition, however now they are significantly stained which the tenants said they did not cause. Would this damage be considered wear and tear or accidental damage? Thank you!

    • Bec Reid says:

      Hi Kelly, thanks for your comment and question. As the property is near-new, it is our opinion that the carpet stains are likely to be considered accidental damage and the tenant should pay for the damage. We suggest you get a quote from a carpet company. Do you have any spare left-over carpet from when the carpet was laid? Are the balcony stains from pot plants? What do the stains look like? Are they stains from leaves and bark? This may be tenant damage, but tiles generally come clean. If they don’t it could be the fault of the tile. Our experience is that you can usually get tiles to clean up, however, we suggest that your property manager researches the cleaning of the tiles from a tile company. We hope this helps, Bec Reid

  • Lidia says:

    Hi,I just moved out of a rental property that I have lived in for 5 years,I just needed to know if this is considered wear and tear.the realestate wants me to pay for damage to a bathtub which is old and has scratches and some enamel removed.the bath had marks already when I moved in.They sent me pictures and the bath looked worse.i had a cleaner clean the whole apartment and I’m thinking he might of used a scourer on it and he also left blue tac on the walls and realestate want me to pay for that too.Can u please give me some advice before I call them.thanks

    • Bec Reid says:

      Hi Lidia, Thanks for your comment and questions. You need to compare the condition of how you, or your cleaner, left the property against the photos and the report of how you received the property prior to moving in. If a scourer was used to clean a bathtub and it has damaged it, then that would be considered accidental damage. If the marks appeared due to everyday normal use, then it would be considered wear and tear. We would recommend you contact your cleaner as it seems like they have been the one who has damaged the property. All the best with your situation, Bec Reid

  • Regina says:

    I had a 3 year lease agreement which was to expire end 2019. The landlord sold the house vacant possession. We negotiated with the landlord/agent a sum of money to make it worth our while to move so that sale of his property could go through. We secured another rental within 4 weeks of negotiating. We were managing the maintenance of the garden and pool, on vacating and final inspection with the agent all went well apart from some 10 lilly pilly plants on the North West facing balcony which had died after this last hot summer. The rental on the property was 2,800 per week and the rental was always paid on time. The settlement went through a few days after our final inspection – end June. The landlord will not release the bond as he feels we need to replace the plants on the balcony – estimated cost of 2,000
    He is no longer the owner of the property – The agent is not able to release the bond without his authority.
    The new owners settled with no issues to be rectified and have moved into the house. What do you think??

    • Bec Reid says:

      Hi Regina, Thanks for your question. If the property is settled and the previous owner did not suffer any financial loss from the fact that the plants died, we ask why should there be compensation due for this situation? The property manager should explain this to the owner. If you are in NSW, we reccommend that you to take this to the Tribunal. We hope this helps, Bec Reid

  • Kimberly says:

    Hello
    Were in a rental home and the lease has now changed over but not the bond yet.
    There was damage to our floors from a washing machine that has walked out of the cupboard into the floorboards and has deeply dented the floors across 5 narrow floorboards. We were told to fix the floors so we went looking for a resolution. We were quoted a min of $1500 for the floors to be replaced However were told if we fix the boards it would have to fix the whole floor or otherwise it will not look the same. So we told by floor companies to go a handyman to come in to fill it with filler and stain and varnish which is what we did. We are worried that the repair will not be good enough, however the washing machine walked out (supposedly it wasn’t level?) not sure if this is something that can be claimed under accidental damage? Do u have advice on how we can get our bond back, we have paid $400 for a tradesman to come the floor doesnt look the same but it was a big attempt.

    • Bec Reid says:

      Hi Kimberly, thanks for your comment and question. Without seeing a photo of what it was like before and what it is like now that the tradesman has been to rectify the problem, we can’t comment. You really need to get advice from your agent or landlord if the repair is at an acceptable standard or not. Sorry we can’t help you further with this, Bec Reid

  • Shubham Sharma says:

    I live in Iowa and I was praying with candles on the countertop. We have a PVC tile flooring. I accidentally dropped the candle and I burned 3 tiles. I tile has 1 inch big burned spot and the other tiles have less than .5 cm burned spots. I am worried that my landlord will charge me outrageous amount to fix that. My lease expires in 2 months. I was reading my lease and the lease says that landlord is not liable for damages caused by tenant in the central area of the premise. Therefore, I am afraid that calling for maintenance will not fix this issue. My landlord will still charge me in the end. I am fine paying a reasonable amount, but I am afraid that landlord is going to treat me unfairly in this case. What should I do ?

    • Bec Reid says:

      Hi Shubham, thanks for your question. Why don’t you get your own quote to fix the damage? Kind regards, Bec

  • Briony says:

    A corner portion of my kitchen cabinets collapsed in and I contacted the real estate agent about it when it occurred. They did nothing to fix it. Now I have moved out the landlord is requesting I pay to have it fixed. It wasn’t something I caused, and I reported it immediately. Is it acceptable for the landlord to request this?

    • Bec Reid says:

      Hi Briony, Thanks for your question. How did the cabinet collapse? Also how old is the kitchen? Bec

      • Briony says:

        Hi Bec,

        I literally have no idea. I came home one day and it had collapsed in. It’s a corner piece that is not touched at any time. I live alone so it was not caused by anyone.

        The kitchen is probably about 15 years old.

  • khurram shahzad says:

    Hi,

    Just wondering that pencil marks on the walls drawn by kids living in the property do come in fair wear and tear or not?

    • Vanessa Pereira says:

      Hi Khurram,

      In our opinion this would be considered damage, not wear & tear. Have you tried getting it off with a magic eraser?

      Vanessa

  • Anne says:

    Hi there,

    I would love your feedback on a matter that is still ongoing even after our exit and finalized tenancy agreement of the lease.

    We resided in an apartment with very cheap tiles, with a matte finish and lack of seal/ coating. Therefore when we moved in there were dirty sections of the tiles which would have been dirt and grime that was embedded into the tiles. After our lease, the tiles have obviously had more marks on them from when we lived there. I have explained to the real estate agent that this was impossible to avoid due to the finish/quality of the tiles and if they referred to the entry of the STUDIO apartment there were marks from previous tenants also. They are now wanting to charge us compensation for the marks although it is obvious that this was unavoidable. We had our cleaners go back in for a second time to try and get out the marks, but it was impossible.

    Would love some feedback and insight if anyone has had a similar issue as the real estate have almost dragged this out for over a month now (which is also an issue as they are now just wasting my time)

    • Vanessa Pereira says:

      Hi Anne,
      Thanks for your question.
      If the agent is dragging the chain, have you tried to claim your bond? This would speed things up.
      If you can’t come to an agreement the next step would be to go to tribunal. You could then present all the facts to the tribunal member and they would decide.
      It really comes down to what caused the marks. Was it from general use of the tiled area or was something dropped on it?
      Hope this helps,
      Vanessa

  • Leanne Stavrou says:

    Hi I recently moved out and the agent didn’t give me an exit report or advise me of any items that needed additional cleaning before applying for my bond. She also said I did some damage to the front door that I was unaware of. Is she required to give me a chance to have the items cleaned or rectified before she applies for my bond?

    • Vanessa Pereira says:

      Hi Leanne – yes you should have been given the list of items requiring attention and given the opportunity to rectify those items. If the agent has claimed your bond, the only way to dispute it now will be to apply to tribunal. Can you apply to tribunal to dispute it and then start the process of rectifying the issues? If you come to an agreement before the hearing you may be able to tell the tribunal the agreement and have them make an order for the bond instead of going to the hearing.
      Hope this helps,
      Vanessa

  • Sue says:

    Hi,
    My daughter is moving out of a rental home after 2.5 years. The extraction fan above the stove was never connected and so when the gas stove was on there was a build up of steam etc. On one occasion the steam was quite bad and she couldn’t see what was happening and she put the saucepan from the stove top on to the laminate bench top which was slightly burned.
    The kitchen was in the property when the landlord purchased it in 2008 so is more than 10 years old. He doesnt have property insurance. My daughter has to pay for the whole kitchen bench to be replaced at a cost of $2000. What proportion should she be paying considering the age of the kitchen?

    • Vanessa Pereira says:

      Hi Sue, thanks for your question. You could try to negotiate only paying the portion of the bench that the burn has damaged. If that fails she will just need to try to negotiate an amount that both parties agree on.
      Vanessa

  • Dean says:

    Hi, thanks for going through all these questions.

    I have a dilemma with my current rental agreement. Upon signing I was told by the property manager to use adhesive hooks to hang pictures etc.(this was also in the agreement) because the landlord had recently painted the property. I was also told I could hang as many pictures as I like. I didn’t mind and did as they requested. I had used adhesive hooks in the past and knew that they work most of the time, but sometimes come off walls or even take paint. So I put up some hooks without anything on them, most the hooks fell of on their own within 24 hours. I tried different brands, picking those with the highest weight capacity etc, but still hooks were failing. I gave up with most hooks and left most my pictures in storage. One hook seemed to be sturdy so I tried lighter pictures on it for a few days at a time and it still held up, so I put a larger canvas on it, it’s not framed and weighs about 600 – 800 grams. The hook was rated to hold 2kg.

    The canvas held in place for about 3 months but then the hook fell off the wall, the canvas bounced off the carpet and into an adjacent wall, causing a minor dent in the Gyprock. I’ve reported the incident to the property manager who told me this was still my fault… I’m confused, I did what they asked. If I had put in a standard hook the canvas never would have fallen. Is this my fault? I think the paint the landlord used was the issue since most the hooks failed.

    • Vanessa Pereira says:

      Hi Dean,
      Thanks for your question.
      In our opinion it is still your responsibility to rectify the gyprock because your canvas damaged it. I understand your point of view that it only happened because of the type of hook they recommended, however it doesn’t shift the responsibility of the damage to the landlord or their agent.
      Hope this helps.
      Vanessa

  • Pat says:

    Hi. Last year my partner and I took over a lease for a one bedroom apartment and purchased the outgoing tenants furniture in the process. On move in day we discovered quite bad stains hidden underneath a rug. Immediately we contacted the estate agent and sent them photos to outline the damage to the carpet to which they replied, “you’ve signed the lease transfer its your responsibility now”. We are nearing the end of our lease now and are concerned we may have to replace the entire carpet. The carpet is only two years old. What options do we have if any?

    • Vanessa Pereira says:

      Hi Pat, Thanks for your question.
      Yes the agent is right, you have taken on the responsibility. Is there any chance you can talk to the person who you took the lease on from? Did they cause the damage? Would they come to the party to have it replaced?
      If carpet replacement is required, as the carpet is only 2 years old you may be able to have it matched and not have to replace the whole apartment.
      Hope that helps.
      Vanessa

  • Kerry says:

    Hi,
    I am about to move out of a rental property. I used some essential oils in the bath and there are now little brown stains in the bath that I have not been able to remove. The bath is a cheap acrylic bath. I have been in the house for 3.5 years. Would this be considered wear and tear?
    Also after I had been in the property a few months I noticed a crack in a floor tile in the bathroom. It is only noticeable in certain light at certain angles. I am sure it was there before I moved in. But it wasn’t on the condition report. What do you suggest I do about that. Also the agent changed a few months ago so they have never seen the house.

    Thanks
    Kerry

    • Vanessa Pereira says:

      Hi Kerry,
      Thanks for your question.
      In our opinion, the bath marks would be considered accidental damage. How bad are the marks?
      Regards to the crack, do you know what may have caused the crack? Where is the tile located?
      Vanessa

  • Carol says:

    Hi! I was wondering if you could advise if rust on a solid stove top constitutes fair wear and tear? It was new when we moved in and we lived there for a year. It was always wiped down after use, but our landlord wants to charge us $400 to replace them. We hired the cleaner she suggested, and the cleaner says she has no photos of before and after her cleaning job. The photo the landlord sent us doesn’t look anything like what I remember, and I feel that the cleaner has damaged them with something corrosive.

    • Bec Reid says:

      Hi Carol, thanks for your question. Without seeing any photos, but hearing your description, it does sound like the cleaner has damaged it. We would recommend forwarding the photo to the cleaner and asking them what chemicals they used. Was it a cleaner who the real estate agency recommended? If so you should also let your agent know that it was likely the cleaner who damaged it. Bec

  • Hsin Lu says:

    Hi,

    I had the same tenants for 8 years, same agent for 4 years. They have just vacated the property and on the inspection with the agent I did not inspect very closely except to note 2 lights broken in the bathroom and 1 in the kitchen. The agent didn’t point out the 5 areas of the kitchen tiles that were smashed.

    It was only when I was looking at finding another agent that they pointed this out, and said it wouldn’t be considered fair wear and tear.

    The agent is now trying not to be involved (they did very little in 4 years, not even monthly statements and charged me for another property’s aircon repair, increased the rent once in 4 years when I asked them to review) but I just want to know where I stand.

    1) is it worth disputing
    2) is there a way i can complain about the agents to ?tribunal
    3) who would I dispute through

    • Bec Reid says:

      Hi, thanks for your question. It sounds like your old agents were slack. You need to ask your old agents to compare their outgoing report against their ingoing report. If the lights were in working order and the tiles weren’t smashed, then the tenants are liable. Were they damaged from everyday use or is it accidental? You need to get to the bottom of whether or not the light issues are from a broken blub or if the actual light fitting issues. If your old agents have released their bond, then the agents should give you compensation for their slackness in this matter. Please note that because we haven’t seen photos of these issues, we are commenting from a general sense and not a specific sense. We generally advise our clients to not pursue cases that are less than $700 as Tribunal hearings are very expensive unless the Landlords Insurer pays the cost. You may like to see if your old agents are members of the Real Estate Institute or a Franchise, or a network group and complain/report them. We hope this helps, Bec

  • Dave says:

    Hi, after moving out of my previous rental property in NSW, the real estate agent has raised concern over some marking to carpet in a bedroom and is claiming that it needs to be replaced at my significant cost. The marks are due to clothing storage boxes placed under the bed (a necessity due to nil storage in the property), and are a combination of wear from regular removal/replacement of the boxes and their weight over the last 12 months. The carpet appears not to be torn or stretched, but the piling pushed over from repeated use. I was unaware of the wear until moving out when the bed was removed – I am arguing that this is fair wear and tear not resulting from intentional or negligent action on my part. I wonder if you can offer any advice? Does this sound like reasonable wear and tear?

    • Bec Reid says:

      Hi Dave, thanks for your question. The first thing to do is ask how old the carpet is and ask them to prove it to you. After 10 years of life for carpet, it be hard to claim at NCAT. So see what the age is and then go from there. We hope that helps, Bec

      • Dave says:

        Thanks for your reply Bec. The carpet is only 12 months old. Having said that, when less than 10 years old – surely the age of the carpet is irrelevant if the wear is through reasonable use and not due to intentional or negligent action? Given the cost of repair they are passing on to me, I am leaning toward taking this to the tribunal, but its difficult to know where I stand when the definition of fair wear and tear seems to be pretty subjective. Any advice for finding precedence cases to determine the likely-hood of a successful appeal?

  • Claire says:

    Hi. I have been in my property for three years and have to move out as landlord wants to move back in. I have made a small (about 5mm) burn mark on top of the fire surround which I did by candle wax dripping onto the top. My landlord is saying I should pay for the replacement of the whole of the fire surround. Is that correct? The fire surround has been in the property for over 10 years so I’m not sure I should have to pay for a new one.

    • Bec Reid says:

      Hi Claire, thanks for your question. It sounds like accidental damage and you are obligated to repair damage. But we don’t understand why the whole thing needs to be replaced. It is hard to answer this question without seeing what a fire surround is. Could you describe it to us? Bec

  • Lu says:

    Hi Vanessa
    My partner and I recently vacated a property before our lease ended, leaving the last two remaining tenants there. It did not affect rent as they kept paying.
    I never got my bond back, and the two tenants left behind said they didn’t get any of the bond back because two pictures had been put on the walls with the 3M sticky hanging hook, and when they were taken down, it removed some of the wall paper. Only a very small amount.
    I was told this cost $2500 to fix and this is why the bond wasn’t given back.
    I wanted to know if this sounded typical of MINOR wall paper damage? To have it cost $2500 to repair and be at my expense? The wall paper was 7+ yrs old. And cracking all over the house.
    Also. The two tenants broke the glass pane in our front door due to slamming it, and Claimed it had blown closed in the wind. They say this didn’t result in any deduction from the bond. I feel like I’ve been jipped. If I call fair trading what can I do to find out the real reason we didn’t get our bond back?

    Thanks
    lu.

    • Bec Reid says:

      Hi Lu, thanks for your question and comments. Our recommendation is never to do what you did. You signed the original lease and then left. Next time if you want to house share, and then leave, talk to the Real Estate Agency and endeavour to have a new lease signed by the remaining parties. In your case, you have continued to be liable for damage which you may not have caused. As far as the pictures hung on wallpaper is concerned, you damaged the wall so you are liable to pay the cost of repair. Did you get permission to put the pictures on the walls? This is something you must always do. We recommend that you should never hang pictures on wallpaper as it is far more expensive to repair if damaged and is expensive to redo. However, if you have photos of the wear and tear of the 7 year old wallpaper you may have a case to try to get more back on your bond. Of course, the Landlord has an obligation to present you with the relevant quote and invoice for the repair. Also, we would recommend that you as tenants would have been better off to repair the wallpaper by using your own painter. You may have saved a lot of money. We hope this helps, John Pye

  • Marion Haywood says:

    My daughter has just vacated her rental after purchasing her own home.
    She had the house and carpets professionally cleaned. Apparently, there is a white mark on the ensuite vanity bench, she has no idea was has caused it, best guess is either a bleach or heat mark. Agent has implied that they will keep the whole bond for the cost of replacing the bench. Can they do that, I thought only the actual repair or replacement cost can be held.
    Can they organize to repair or replace it themselves?

    • Bec Reid says:

      Hi Marion, thanks for your question. Keeping the whole bond sounds excessive – is this the only item of concern from the outgoing inspection report or are there other items that the landlord is concerned about? We would suggest your daughter gets her own quote for the repair or replacement of the vanity. She can then compare it against the agent’s quote and see if it is fair what they are wanting to claim. You should also ask for photos of the vanity from the ingoing inspection report to prove that the mark was not there when your daughter moved in. If it was there, then she is not responsible. We hope that helps and please let us know how she gets on, Bec Reid

  • Joyce says:

    Hi there,

    I am nearly end my tenency soon and just wondering I am realized there are some finger marks on the wall in the hall way . Are they beyonds to normal wear and tear? I am a bit terrified the PM will let me cover the cost for repainting the hall way after I left

    Kind Regards,

  • Jaime says:

    Hi,

    I have just moved out of a property that I have been at for 3 1/2 years. I made 2 dents in the walls, which I now realise would have been wear and tear if I left them.

    However, in trying to do the right thing. I tried to patch and repaint.

    Real estate are not happy with my colour matching job and want it redone. I understand I am liable since I tried to fix myself.

    They did not give me 3 days notice after vacating the property.

    When they told me, I was under pressure as only had a few days until the new tenant moves in.

    I agreed to pay ‘up to $220’ for the real estate agent to use their handyman.

    I have just found out the work has not yet been done………

    Are the agency allowed to take my money without having the work completed? Am I allowed to ask for evidence the work has been done before they can charge me?

    Do I have any options here? I am happy to pay if the job gets completed, but not if they are going to take my money and let the new tenant move in and leave my original handywork as is!

    • Bec Reid says:

      Hi Jaime, thanks for your question. Yes – you should be able to ask for the proof that the work was completed. How were the dents originally made? They may not have been considered wear and tear, but rather, accidental damage. Bec

  • Brandi says:

    Hey I was just wondering if after 5 years in my unit and 4 kids breaking havoc on the carpets is wear and tear or my problem. We still live in the unit and the landlord every year says its ruined iv cleaned it and it does nothing. Iv asked it to be replaced they say if I do it out of pocket yes but I can’t afford that…

    • Bec Reid says:

      Hi Brandi, thanks for your question. I know you said that you have been in the property for 5 years, but how old is the actual carpet in your property? Also how has it been ruined? Are there holes? Marks? Threading? Bec

  • Abhinav says:

    We have been living in a brand new townhouse for over 12 months now and just vacated last week. Our real estate agent warged us (i have evidence) that the landlord is very picky and will look for small things and try to claim the bond back. Additionally I was told by the agent that the landlord had done the same to two other tenants in the property. Not surprisingly the landlord had claimed the full bond back. Majority of his reasons seem petty and it seems like the has been walking with a magnifying glass to look for every single scratch or mark which are not visible to the normal eyes. Here is a list he has come up with:

    -Scuff marks to walls & skirting boards throughout property including inside the garage. These need to be cleaned or touched up with paint if they don’t come off.
    – Floor tiles & grout downstairs is dirty and needs cleaning
    – Deep scratches found in stainless steel gas cooktop and also centre gas element is no longer working as it appears to be blocked up due to cooking grime or grease. The gas cooktop could potentially need to be replaced now. It is dirty also.
    – Top of kitchen rangehood is dirty and very greasy
    – Few kitchen cupboards are dirty on the outside
    – Outside of windows are dirty throughout
    – Paint damage to window sill in laundry
    – Staircase light was working when you moved in but is no longer working properly and the light globe needs to be replaced.
    – Bedroom 1 built in wardrobe there is chips or gouges to the wall inside
    – Skirting boards are all caked in dust throughout property including inside garage
    – Shower screens have soap scum all over them inside ensuite bathroom.
    – Ducted air conditioning vent & filter are very dirty
    – Scattered pegs left in grass at back

    He is claiming 2300 for the above. The last one is funny, he has gone around the yard and picked up 3 pegs and is claiming for that! all the line items have been exaggerated. I have pictures to prove these. For example an extremely light mark is described as (marks throughout the property), grouts are extremely dirty. I am very sure that he had the intention to rip me off from the beginning.

    Any advice would be appreciated.

    • Bec Reid says:

      Hi Abhinav, Thanks for your question. At the end of the day, it doesn’t matter how picky your landlord is as NCAT (or a similar tribunal in your state) will ask for evidence to what the property was like prior to you occupying the property. We have seen people rent brand new properties out to tenants that have not been cleaned for example, or “perfect” as the term “new home” suggests. Sometimes “brand new” properties are also damaged prior to any occupancy. Does your agent have proof on the full list of items the Landlord has picked on? For example, ask them to show you the photo of the aircon vent prior to you moving in. If they prove to you it was clean, you need to clean it. If the shower screens were clean to you prior to moving in, then you need to clean them. These are a few examples, but you have to assess the evidence and compare it to the reality. We hope this helps. Keep us posted on how everything turns out, Bec

  • Kumar says:

    Hi, I am a tenant and have lived in the same unit for about 5 years which we are vacating now. There are couple of things that I want to check if they come under the normal wear and tear or accidental damage.
    1) There are two hairline cracks in the bath tub. Can we consider these hairline cracks as wear and tear considering we stayed in the property for about 5 years? or will it be an accidental damage and do we need to bear the charges for these minor cracks?
    2) Re-painting – As we stayed in the unit for about 5 years, there are some places where the paint has faded or have some minor marks on the walls in the kitchen and in the bedroom wardrobes. I strongly believe these are due to the day to day usage and think that these should come under the wear and tear category. I am now worried that the Landlord will charge me for the re-painting. Please advice me.

    • Bec Reid says:

      Hi Kumar, thanks for your questions. Could you please tell us the following: Qu.1) How did the hairline cracks form? Was something dropped on the spots where the cracks formed? When was the bathroom renovated last – i.e. was it brand new when you moved in? What material is the bath made of? Qu.2) When was the property painted last? Your agent may consider the minor marks to be fair wear and tear, but the fading is an interesting one, hence why we are interested in the age. I also question the quality of paint that was used… anyway, looking forward to your response, Be

  • Mrs says:

    Hi we have been living in a house for 12 months and we tried to clean everything before vacating the house the estate agent set the time for final inspection with the owner as well , when we went there the owner was very angry she was shouting and yelling the first thing she said is what kind of people you are I can’t let my dogs ( we are dirtier then her dogs )in this property she slides her finger from the stairs railing and show us the dust ( the inspection held after 6 days of vacating the property ) we told her in 6 days dust can settle she said there is dust on skirting as well and then she didn’t let us do the inspection of the property her behaviour was so abusive I can’t even tell she was shouting and yelling infront of estate agent (who is quite there )and she said leave my property as you are trespassing I am calling the police I asked my estate agent that we are not uninvited you set the time for us to be at the property she said if owner doesn’t want you you should leave and we left immediately and went to Estate agency where our agent came and told us the issues she said stove is not clean and there are soap marks in the shower glass ( which was present when we moved there) and a drawer has 2,3 hair in them and one tile was broken ( which happen when we are bringing our fridge in from garage to kitchen and I even put a mat on the tiles but it broke we told this to the agent on first home inspection as well) so I want to ask where we stand in this condition as I got the humiliation of my life time I was even crying at estate agency I was shaky
    My husband ask the agent hasn’t we always pay rent in 1 day advance
    Do you ever have any complains with us
    Aren’t we there to talk with each other if there is a issue we can resolve it together but why so abusive behaviour towards us ??
    She said I would say that you are good tenant I am sorry on her behalf I don’t know what has happened to her today
    I asked her that when you people came for inspection after our first 3 months the agent took pictures of everything in the end I ask him is everything ok ( she cut me here and said we won’t tell you to mop the floor it’s your own common sense but aren’t they came to check the cleaning and damage ??) I said her please let me finish the agent said looks pretty fine to me but we will send all the pics to owner if he has some issues will come back to you but I haven’t heard anything from them and you never came to check the property again .
    Our agent said to give her time she will compare the photos and let us know ( but I can feel she is on the owner side as this owner has 5 properties with their estate agency which I know of )
    This episode has really shaken me and the humiliation got in my mind I can’t able to sleep I got mental trauma by her behaviour so I wanted to ask where I am standing at the moment because after such insult I really don’t wish to give her any penny please advice me

    • Bec Reid says:

      Hi, I am sorry you have had this experience – there is no excuse for abusive behaviour. The agent should have taken photographs of the property before you moved in. They will need to compare the condition of the home once you moved out to the photos they took before you moved in. If they find issues, ask them to show you the photos of what the condition was like prior to you moving in and point out the issues/damage. The photos should be very detailed so that there is no denying the issue if there is one. I would suggest you wait and see what comes from the agent. Keep us posted on what they say! All the best, Bec

    • Abhinav says:

      So sorry for your experience, I am going through a similar one where the landlord is looking at dust from outside on the door and using extreme words to describe them such as ‘Full of dust throughout’. Did you go to the tribunal? I am definitely going and I have taken all pictures of the house after we vacated. By the way when we left the property there was no hair to our knowledge and when we returned we sa two strands of hair on the tile which is not something intentional. he is claiming for that. The funniest part is that he is claiming for three pegs which was hidden by the grass and was an oversight on our behalf. I think this is an industry where landlords try to maximise on the bond with every tenant moving out.

      • Bec Reid says:

        Keep us posted Abhinav of how you go at Tribunal. I have to say, we have some amazing Landlords who are very fair and truthful people. I am sorry if this hasn’t been your experience. Bec

      • Mrs says:

        Hi abhinav the main issue with our case is we haven’t taken any photos not before occupying the property not before vacating the property so I really don’t know where I am standing at the moment because I have no proof to show please let me know how your tribunal went ? You can also call me on 0431 269 975 so I can discuss with you further thanks byee

        • Bec Reid says:

          In our office, we give tenants a full copy of the photos that support the in-going inspection report when they sign a lease with us for their records. If the agent doesn’t do that, you can either ask them for a full copy or take photos yourself. Bec

  • Penny says:

    Hi wondering since my tenants burnt the garage down if I can breech them. Based on duty of care.since then they still continue to use it in the state it is in. They also seem to not care at all!!

    • Bec Reid says:

      Hi Penny, thanks for your comment and question – we have a few extra questions that we would like you to get back to us about. Did the tenants burn down the garage deliberately (which is considered malicious damage by the police, fire brigade and landlord insurers) or was it accidental? You say they continue to use it in the state it is in – what is it’s current state? Thanks, Bec

  • Andrew says:

    Hi,
    Two weeks after our tenants vacated, we recently found that there was a crack on the kitchen black granite bench top and our old agent failed to noticed and noted on the outgoing inspection report. The outgoing inspection report was not signed by the tenants at the time of the final inspection as they were on holidays for 2 weeks.
    We had taken photos of the crack and the found there were stains underneath the crack. In your opinion, do you think the tenants are liable for the damage or is this wear and tear? The building is about 15 years old.
    Thanks.
    Andrew

    • Bec Reid says:

      Hi Andrew, thanks for your comment and question. Could you share with us a few extra details? Was the condition of the kitchen bench top noted on the Ingoing Inspection Report (before the tenants moved in) and did your agent have supporting photos of the bench top? Looking forward to hearing from you, Bec Reid

      • Andrew says:

        Hi Bec,
        No, the condition of the bench top wasn’t noted on the Ingoing inspection report and also wasn’t noted on the outgoing report as well. There was a photo of the kitchen bench top but it didn’t show that part of the crack area clearly. Thanks.

        • Bec Reid says:

          Thanks for coming back to us Andrew. In our experience, it comes down to evidence, evidence of before and after occupancy. I am so sorry to hear that your agents failed to make note of the condition of the benchtop and take photos. This is vital for an Ingoing condition report. When a case is taken to NCAT or the equivalent in the state the property is in, often the first piece of evidence that a Member will request to see/read is the Ingoing Condition Report and supporting photographic evidence. Double check that your agent doesn’t have any other photos of the property in their files. I would encourage you to talk to the Principal of the agency and ask them why this was not done prior to the tenant moving in or if you have been given the full representation of the matter. Furthermore, you may have a case against the agent as it might be considered negligence – granite doesn’t crack by itself. You might be able to make a claim. We hope this has been helpful, Bec

  • Kacee says:

    Hi,
    My husband and I have lived in our apartment for 4 years now. We will be moving out next month and I was wondering if our landlord could charge us to replace the carpet due to some runs throughout the living room. They were caused small freys occurring in the carpet (assuming from walking on it and it being older carpet now) and while vacuuming, the brushes of the vacuum would grab the small freys and cause a long run to occur in the carpet.

    We do have two dogs so I’m worried she will try and blame this on them, which it is not since this happened once before we even got them. What do you think? Do you think she could have us cover the cost of the carpet repairs?

    Thanks!

    • Bec Reid says:

      Hi Kacee, thanks for your question. How do the carpets compare to the ingoing condition report and the photos taken prior to you moving in? Also how old is the carpet, and is it made with quality material? Bec

  • Annie says:

    I have accidentally put a pan on the benchtop and it have leave a mark of burn and my question is,How much will they charge as part of compensation ?

    • Bec Reid says:

      Hi Annie, Good question! There are a few factors here for consideration. What type of benchtop is it? Can it be fixed or does the whole benchtop need to be replaced? Also how old is it? Bec

  • Tarun Tuli says:

    HI All,
    I need some advice and guidance.

    My agent and landloard want entire bench top to be replace from a small damage of 4cm *4 CM….

    The have given me a qupte of $2000 but i have got quotes which shows it can be repaired within 200-300 range.

    Not ths issue is with tribunal, and agent claim bench was new and should be like that after 14 months of occupancy.

    Things to be note, that that end of lease completion was not done jointly and property was lease out without giving me fair change to fix the issue.

    the new tenant is paying 10 additional dollar hence this has not led to loss of money to the landload.

    Please advice how do I present my case in tribunal

  • Holly Nicholas says:

    Hi there,
    We have recently moved out of our flat and have been dealing with some very difficult lettings agents. To cut a long story short, our flat was in pretty bad condition when we moved in, there was hair on the carpets, a lot of dust etc., and certainly hadn’t been cleaned to an end-of-tenancy standard. We noted this with the agents at the time. Some refurbishment work took place during our stay (we had to move all of our contents out of the kitchen and bathroom to accommodate over 2 weeks) which greatly improved things. We left the flat perfectly cleaned and in far better condition. Part of the refurb was to install a wooden worktop in the kitchen, including next to the sink. This wasn’t waxed/varnished. On leaving, there are some water marks and ring-marks where we did the washing up/kept our detergent etc. The lettings agent is saying this is damage rather than wear and tear, and is invoicing us for £110 to re-wax the surface, when it wasn’t done in the first place. Can we reasonably dispute this? Thank you for any advice.

    • Bec Reid says:

      Hi Holly, we aren’t aware of the laws in the UK as we are Australian based, but I would suggest you talk to the agents and ask them to prove that the waxing/varnishing was done by a professional in the first place. Another option is to get a quote yourselves and then negotiate from there. As it is so new, it wouldn’t be considered wear and tear, but the question is, was it protected properly in the first place and if it wasn’t, then anyone would damage it if they used it on a regular basis – including the owner if they lived there. Hope this helps, Bec

  • Sue Davies says:

    Hi,
    We have moved out and the owners are happy with the condition of the house and swimming pool area, but want us to clean the outdoor tiles which have some black mould on them. It’s nothing that we have done and I’m especially not happy as in one area that is where the gutter leaks badly. Is it our responsibility to scrub the outdoor tiles? Thanks, Sue.

    • Bec Reid says:

      Hi Sue, thanks for your question. In our opinion, you need to refer to your ingoing inspection report. What does it say? Does the agent and landlord have photos of what the condition of the outdoor tiles were like before you moved in? Your cleaning would include the tiles if they were clean before you moved in. We hope this helps and all the best. Bec

  • Cbear says:

    Hi I’m needing advice, I just moved out of a run down rental was there two years and the carpets are very old and stained and some of the carpet threading was showing before we moved in. I explained every inspection that it was there before we moved in but forgot to mark it down on first initial condition report but noted it every other inspection after but now they are trying to get us to cover the costs. Would it be classed as wear and tear? Considering the carpet looks very old and ruined.

    • Bec Reid says:

      Hi Claire, Thanks for your question. We suggest you talk to the Department of Fair Trading regarding the depreciation of the carpet. Our understanding is that it may worth zero at 10 years. It sounds like the carpet is older than 10 years – would you guess? What did the agent’s in-going condition report say about the carpet? Bec

  • Jordan says:

    Hello there, just found this service and think it’s terrific. I am hoping you can give me some advise in this case.

    I recently had an enormous spider on my white ceiling and used a clean broom to gently sweep it onto the floor where I later released it into the garden.
    Either the spider or broom however left some small dust markings on the ceiling which were pretty obvious.

    I attempted to ever so gently remove these markings using a damp magic eraser. Unfortunately this seemed to make it a bit worse and looks to have taken off a light layer of the paint on the white ceiling. The markings are about a mango size.
    When standing from an angle, you can clearly see shiny spots where I patted on. This turns a shade of grey in the evening and nighttime. However when viewing from directly underneath the markings, it blends in fine so clearly there is no structural damage, just paint worn off.

    I have never had this problem and done the same thing with spiders in the past.
    Later I discovered that the paint used was a fairly low quality white flat ceiling paint which probably didn’t react well to the damp sponge.

    The landlord has instructed that I am liable for this and considers it damage to the paint. He wants me to purchase the exact same paint and hire a professional to re-paint the entire ceiling for these 2 small markings.

    Am I liable for this or is this considered fair wear and tear as I handled the situation at the time with the utmost care.

    Thank you
    Jordan

    • Bec Reid says:

      Hi Jordan, we are very surprised that the Landlord noticed it. Did you tell them about it? It is very difficult for us to give you advice about the ceiling as we can’t see it. Paint can be matched in many Hardware stores by scraping off a fragment and getting it colour matched. This means that the whole ceiling doesn’t have to be painted if you can cover the patch carefully. The main thing is that the patch becomes unnoticeable. You still have to pass the next inspection. If it becomes unnoticeable, how could anyone argue? We hope this helps, Bec

  • Isabella says:

    Hi there, I’m currently living at a rental property and there has been damaged caused to the carpet in my bedroom. It’s a strip about 4 cm wide and the length of the doorway. The carpet is definitely over 10 years old and is already bare in patches as it was when I moved in, however this rip is new.. I’m moving out in a couple months and wanted to know if this will effect the down payment.

    • Bec Reid says:

      Hi Isabella, thanks for your question. We suggest you talk to the Department of Fair Trading regarding the depreciation of the carpet. Our understanding is that it may worth zero at 10 years. If you caused damage to something with zero value your damage, shouldn’t affect the bond. All the best, Bec

  • Doug McCall says:

    Hi my partner just moved out of her rental house and now the real estate want to charge her for water damage on the glass shower screens so can they do this as I feel it is just normal wear and tear?

    • Bec Reid says:

      Hi Doug, Thanks for your question. Water damage? Do they mean soap scum? Shower screens are designed to have constant water running on them – that is the purpose of a shower screen. We don’t understand why it would be damaged unless it was some inferior or unsuitable product which shouldn’t have been installed there in the first place. Also how old is the glass shower screen? It is quite possible that the shower screen might have been depreciated to zero value already. Let us know and we can help you further, Bec

      • Doug McCall says:

        Thanks Bec the real estate agent talked to the owner and they now agreed that we will not be expected to pay it so its all good.
        And apparently the hard water in the area causes it to mark the glass and the only was to repair it is to polish it out it think

  • Shannon says:

    Hi, I’m hoping you can help.
    We rented our property for 12 months and the tenants have just moved out. At the inspection we noticed damage to the feature tiles in our ensuite bathroom. It appears that a caustic substance was left on the shelf and dripped down the wall leaving etched drip marks in the tiles and on the shelves. The bathroom was 2 years old at the beginning of the tenancy.
    We have consulted some tile specialist who don’t know what caused it or how to repair and say replacement is the only option.
    The tenant said they didn’t do it and are blaming their cleaner (who I don’t think did it with normal cleaning products).
    Our agent is being difficult saying we need to be reasonable and pressuring us to give an amount and say replacement is not an option and a tribunal will decide against us (we don’t want to go to a tribunal but the tenant and agent are offering nothing).
    How should we proceed? Get quotes for replacement?

    • Bec Reid says:

      Hi, Shannon,

      We have never heard of a cleaning product which has caused damage to tiles. Someone is at fault –the tiling supplier, the cleaner, or the supplier of the cleaning product. You will have to do some research to find out before you make your claim for damages and seek compensation.

      Our initial question is: – what sort of tiles are they? Are they a cheap foreign import of inferior material or ceramic or porcelain?

      We suggest you make contact with the suppliers of the tiles and find out about the product supplied. You could also do some research online to see if anyone else has had problems of damage from cleaning products. Request an inspection from the supplier. Ask the Agent to find out the name of the cleaning product and advise the tile supplier. I would expect the supplier would have a Product Liability Insurance Policy which would pay for the damage should they be at fault.

      The Cleaner is at fault if the incorrect product was used or if the correct product was used incorrectly. In this case, the Tenant will have to seek damages from the Cleaner. Tenant is clearly responsible for hiring the Cleaner. Their admission of this is important to your case. If the Cleaner used the correct product correctly, then there could be a compensation claim on the supplier of the Cleaning product. In this case, the Tenant still has to pursue this.

      Finally, instruct the Agent to hold the Bond until the matter is resolved. Get quotes for replacement of the tiles. I am not sure whether the Agent is acting in your best interests here and you may have to make a decision to get a new agent in the future.
      You seem like a very reasonable person who is the victim of someone’s negligence. You just have to find out who is responsible…t he tenant or the tile supplier. We hope this helps – John

  • […] Accidental Damage vs. Wear & Tear | John Pye Real Estate […]

  • Vivienne says:

    Hi, thanks for responding to all these questions. We are moving out of a furnished apartment and have been going through the contents of the rooms to make sure that we’re not taking anything with us that’s not ours. We’ve noticed an item on the condition report that we’ve never seen before, and it’s not present in the comprehensive photos the agent took before we moved in. The agent is insisting that the item was in a cupboard that is clearly empty on her photos, and wants us to pay for the replacement.

    Unfortunately we did not notice the item was missing when we moved in and went through the condition report. There were a number of items present that the agent had forgotten to note down, so the agent wasn’t perfect either. Does that make this phantom item our liability?

    • Bec Reid says:

      Hi Vivienne, Thanks for your question, out of interest, what was the item? At the end of the day, it is our opinion that if this matter went to NCAT (if you are in NSW), they will consider the evidence required. It’s all about evidence and proof. The Landlord must provide the proof. Was the item in question on the condition report that you signed? Is there photographic proof? Bec

  • Robyn Douglas says:

    Hi,

    I recently moved out of a unit in Victoria I’d been living in with no hassles for 2.5 years. I gave a months notice and paid the months rent but vacated half way through the month. I suspect someone else has already taken up a tenancy as my electricity has been disconnected and new connection papers turned up for new tenant on the last day I was there. Should I receive a refund on rent if it has been leased prior to my end of lease notice date? Also I did cause some small damage in the render on the wall. I had professionals come in to quote repair but it was too small a job for them to bother with. I ended up filling and sanding it myself then spent a few months trying to get paint to match wall. It can be seen in dull light but blends in in full light. The wall I don’t think has been painted since prior to the owners purchase 10 years ago. I haven’t heard back about my bond yet. They said I have to wait until the owner checks the unit. Am I likely to be liable for the wall painting? How long do I have to wait for bond lodgement?

    • Robyn Douglas says:

      Update. After writing this the bond form was emailed and I have received my full bond returned so the wall was obviously not an issue and there was a hold up due to holidays. I’m glad my efforts at patching the wall paid off.

    • Bec Reid says:

      Hi Robyn, We are located in NSW and consequently do not know the details of the appropriate Act in Victoria. We suggest you get a ruling from your Office of Fair Trading or see what you can find it in your lease contract. From our viewpoint, you had occupancy until the last day of the rent payment but if you returned keys prior to this date, you were giving up your occupancy and whether you are due a refund or not would depend on the conditions in your lease.

  • Dale says:

    Hi Guys,

    Amazing service here, i’ve learnt a bit by browsing through these replies!

    We’ve been renting a large, semi rural property for 6 years, and my understanding is that this property was rented out for a good 9-10 years before we moved in as well. At first the agent made a huge list of claims to request our full bond, but we’ve gone through this and pointed out that most of this list was stated on the original entry report. they’ve since amended what they’re chasing but are still chasing the full bond amount with a few sticking points:

    * Keys not returned for a window and back door (we’ve acknowledged this, and i’ve stated that i’d be happy to buy and install new locks)

    * one bedroom window has a small crack in the corner (we never noticed this, but given the age of the house and the aged state of the window frame, can we claim that this may be the result of a warped frame etc?)

    * they’ve claimed we have left a quantity of rubbish there, of what they have listed we have left some fencing installed and a kids slide we forgot about. we’ve offered to pick up these and anything else they may not have listed, but also noted that a large qty of rubbish and goods were found on arrival and even more was found when we cut back the substantial blackberry bushes.

    * they’re unhappy with the clenliness of the place. my wife has admitted to being a bit rushed and might have missed some things, but this would be a genuine oversight. The place was not handed to us in clean condition, the word “unclean” pops up many times on the entry report.

    and the big ones:

    * there is a section of floorboard that has had the coating rubbed off by years of computer chairs being in those spots. this was us, this wear and tear was not present when we arrived but did take years to occur. Are we able to claim that this is wear and tear? if not and if it is considered accidental damage, do we have to pay for the full amount for repairs or is it based on a percentage like the carpets would be?

    * there is a burn mark on the kitchen bench, i havn’t seen a photo yet but if it is what i am thinking of then it has been there the entire time we’ve lived there. this isn’t on the condition report but it is noted that the benchtop is in poor condition due to years of use without being re-sealed or refurbished. since its not specified on the entry report, do we have a leg to stand on or are we going to have to wear the cost of having this entire bench repaired?

    In my last correspondence with them i’ve let them know that we’re seeking advice, but also pointed some of the things that we’ve done for the property over the time we’ve been there (cleaning fallen trees, clearing blackberries, fixing things, paying for water when the tank was cracked). they’re basically stating that losing the bend is a bargain and that we should just accept this, but i kinda feel like we’re bearing the brunt of 15 odd years of rental and that most or even all of this would have been overlooked if the property was going to another tenant rather than back to the landlord. We’ve also had 6monthly inspections for the last 6 years and nothing has ever been mentioned.

    apologies for the size of this and thanks in advance for any help you can provide!

    • Vanessa Pereira says:

      Hi Dale – thanks for your comment.
      With all items, you should be given an opportunity to return to the property to rectify them.
      I’ve noted our opinions below in bullet point.
      * Keys not returned – in our opinion offering to replace the locks should be sufficient, however your agent may not be satisfied with you doing it yourself and may enforce that a locksmith is to carry out the work. You may be able to negotiate this though.
      * Window crack – We’ve never seen a window crack because of a warped frame so you may have difficultly claiming this is what caused it. Generally a crack occurs due to impact.
      * Rubbish – Yes it is best that you go back and remove the rubbish that you know is yours. Do you have any photos of the rubbish that was there when you moved in? Or the rubbish that was found when you cut back the bushes?
      * Cleanliness – You are only required to leave the property in the same condition minus fair wear and tear. This includes cleaning what was marked clean & tidy on the condition report.
      * Floorboards – Yes furniture tends to take a toll on floorboards over the years. What is the agent claiming for this damage?
      * Burn mark – If the mark was there the entire time do you have any evidence such as photos as proof of this? If you don’t have any evidence and it is not marked on the condition report, you may be liable for the repair or part of the replacement. However the age would also be considered in how much of the replacement you would be liable for.
      Hope this helps.
      Vanessa

      • Dale says:

        Thanks so much for that Vanessa, appreciate the prompt reply.

        We didn’t take any photos of the damage or rubbish on arrival, we had our hands full with 3 kids, a move, and wrapping our heads around the extra work the place was going to require compared to a suburban home (which we were happy to do mind you, it was just a culture shock). we’ve got a couple of photos that show some of the extent of the blackberries, and some correspondence stating some of the things we found. after they removed a bunch of it we just disposed of anything else as we found it or left it under the house where it was found, it didn’t seem a big deal to us. at the end of the day i’ll happily remove whatever they want removed, i don’t see any point in arguing any of this.

        With regards to the floorboards, the agent is claiming that it will cost thousands of dollars to sand and re-coat the entire floor. i believe this, i know these things don’t come cheap, but i was more wondering whether something like this is likely to be considered wear and tear or accidental? and if accidental, would the entire cost fall on us or would it be a percentage based on the age in the same way as carpet would be assessed?

        Unfortunately we have no photos of the bench when we moved in, the entry report states “wooden – scratched – rubbed off varnish areas”. it was shabby enough for us to request to fix it ourselves and we have some correspondence regarding this but never got around to it. it’s been in terrible condition the entire time we’ve lived there due to the the amount of protective coating missing around the sink and stove tops.

        At the end of the day we’re not trying to shirk our responsibilities, but we did shell out well in excess of $100,000 in rent over this period and did assist the landlord on multiple occasions to keep costs down for them. If losing our bond is the best we can hope for here then we’ll wipe our hands now and write it off as a learning experience. but if it’s worth our while pursuing some of our money back then we’ll put some hard yards in.

        • Vanessa Pereira says:

          Hi Dale,
          * Floor boards – We would be of the opinion that it goes beyond fair wear & tear. However if it is just a section of the floor boards you could negotiate to pay just a percentage of the total cost for sanding & coating.
          * Bench top – It is difficult to prove that you didn’t cause the burn mark if there is no evidence to show that it was there at the start of the tenancy. Based on this, in our opinion this would go beyond fair wear & tear.
          Hope this helps with your decision.
          Vanessa

          • Dale says:

            Thanks again for that Vanessa, we’ll take the advice and just let go, it sounds like we’d be in for more trouble than its worth.

            Appreciate the replies and advice, you’ve probably saved both sides of this a whole lot of headache 😉

          • Vanessa Pereira says:

            Glad we could help you out, Dale.
            – Vanessa

  • Dale says:

    Hi,we own a ho.e in New and rented it for 9 yrs to our son and daughter in law. Son moved out 18 months ago with daughter in law remaining for 1 year. Carpet has been clawed through to floor boards in 4 rooms.she states carpet is 10 years old and therefore has no value. We have replaced but she will not contribute. Do we have any rights to claim as remaining carpet is in great condition and will last for years. There was no bond.

    • Vanessa Pereira says:

      Hi Dale – thanks for your comment. The tribunal does depreciate carpet to a nil value when it reaches 10 years old. Was the carpet brand new when they moved in 9 years ago?
      Vanessa

      • Dale says:

        Yes carpet was new so well into its 9th year when first room of carpet ripped up by the dogs. We installed a lockable dog door to prevent further damage and within a month they had severely chewed through carpet in 3 more rooms. Prior to leaving the tenant said she would replace and was waiting on quotes. She said in writing and to agent also that she was replacing but believe this was just stalling. Hoping there may be some instances where condition of carpet is taken into account as the remaining carpet is in excellent condition even layed next to the new carpet. We had the carpet layer tell us the remaining carpet has another 5 years in it. Any strategu we can use to ay leadt get some compensation although our tenant has tefised any form of mediation even regatding the doors that ate clawed through to the wood. Any advise please.

        • Vanessa Pereira says:

          Hi Dale, You may be able to get some compensation because of the damage caused by the dogs but it sounds like your tenant is being difficult. Have you applied to Tribunal about the matter?
          Vanessa

          • Dale says:

            Yes however tribunal could not make any orders as we were now residing in a different state to the rental property. The arbitrator told tenant 3 times she was being argumentative as the tenant continued to yell over her and said she was stopping the conference due to a recent court outcome between two states not being held up. The tenant is very difficult and prior to disconnecting yelled ‘take me to court go on take me to court ill pay nothing’s she has refused to make or discuss even the 936.00 we paid to cleaners for the really filthy state or clawed up doors saying it is wear and tear and forces if nature. I am talking write your name in the dust and grime in multiple locations and an oven and rings with build up you could carve through. Unfortunately we have noticed the original condition report was signed by both parties but not witnessed as at the time she was married into the family. Just feeling rather desperate as such a big expense to clean and repair.

          • Vanessa Pereira says:

            Hi Dale – sounds like a frustrating situation.
            A tribunal order is the only way to enforce the payment of funds at the end of a tenancy. Was there a formal hearing or did you only get to the conciliation stage?

          • Dale says:

            Yes there was a formal tribunal hearing where our tenant just shouted over arbitrator and was told she was being argumentative three times. The arbitrator then said said she was closing it down and listing the reason as a June or July 2017 case being overturned as landlord lived in another state. We have now lodged in small claims and had a pre trial review where after 4 attempts by registrar to move to mediation where tenant didn’t respond she was asked directly and she said no she had no intention of paying a cent although the registrar said that from photos that there was clearly damage and cleaning concerns that needed resolution
            So it is now going to the next stage of providing evidence to other part by end of January. Again tenant said not paying a cent. Registrar clearly frustrated. Even though carpet was in its 9th year is there any Chance we can still get tenant to pay as she promised for the cost of replacing where dogs chewed through as per her earlier commitment via the small claims court given all remaining carpet is unmarked and is in very good condition.

          • Vanessa Pereira says:

            Hi Dale,
            We have never had a tenancy matter that wasn’t settled at tribunal so we have no experience to share with the small claims court. The best recommendation we can give though is that you have as much evidence as possible to prove that the tenant caused the damage. I’m unsure as to whether the small claims court will stick to the 10 year depreciation of carpet or not. We’d be interested to hear back as to how the case went. All the best.
            Vanessa

          • Dale says:

            Hi Vanessa.
            Small claims court on 7th Feb. So quite a wait. Have a lot of photos of carpet damage and the dog clawing of doors and door frames together with really filthy bathrooms and the list goes on. Will ensure I update you after court. Thanks for the goid advice.

          • Vanessa Pereira says:

            All the best! Looking forward to the update.
            Vanessa

  • Robert says:

    Hello,

    My property manager is trying to take my bond, for carpet that is damaged at the entry way of a room. At the state of where you can cut your foot on the pieces that stick out. I’m fine with that but are they allowed to use our bond for that room or the whole house ?

    Secondly, trying to claim that the countertop is stained “it’s too yellow” now this one has got me confused.

    What are out options ?

    Thanks

    • Vanessa Pereira says:

      Hi Robert – do you know what caused the damage to the point where you can cut your foot on pieces that stick out? Is this something you have done or has it happened over time? How old is the carpet?

      With relation to the countertop, what was the condition of it when you moved in?

      Vanessa

  • Susan says:

    Hi
    I am wondering if a tenant vacates/hands back the keys without cleaning are you able to charge them extra days rent until this is professionally done given you are unable to relet until this time?

    • Vanessa Pereira says:

      Hi Susan,

      Thanks for your comment.

      Once a tenant has returned all keys, they have given back possession of the property and are no longer required to pay rent. If they have to go back to the property to clean it, this is just part of the outgoing process.

      Hope this helps,
      Vanessa

  • Suit Yean Ta says:

    Hi Vanessa,

    My housemates and I have been renting a house for 2 years, the property agent quotes us for two repairs.

    The first one is the kitchen bench, the silicone grout on the kitchen bench fall off during the lease, the water spillage on the benches resulting in bad water damage to the top and under the bench until the wood in the cupboard underneath is now soft and fall off on touching. They want to replace the whole kitchen bench and charge us for $1961 which is half of the cost. May I know if this is considered as normal wear and tear? If it is not, is it possible to reduce the payment to quarter or one-fifth by claiming that the damaged area is only one-fifth of the total bench?

    Secondly, the mould grow in the bathroom and eaten into the silicone grout so they want to replace the whole silicone grout and charge us $188. Is this considered wear and tear, otherwise, how can I argue to reduce the payment?

    I really need your help. Your reply is highly appreciated.

    Thank you so much.

    • Vanessa Pereira says:

      Hello – thanks for your comment.
      Without seeing the damage it is difficult to give you a definite answer, but in our opinion if the silicone grout around the kitchen bench disintegrates and damage is caused because it is no longer there this is not damage a tenant should pay for.
      With relation to the mould growing in the bathroom, this is related to cleanliness and in our opinion could have been avoided with regularly cleaning.
      Hope this helps,
      Vanessa

  • Jok says:

    Hi, We got our apartment inspected yesterday and there was an issue with the carpet which I’m unsure about…..

    Our couch was placed where many couches have been before our time….the carpet was already worn but after we moved ours out and got the carpet steamed clean there now appears to be a bald path about the size of the 5cent piece (or hole as she describes it. We didnt notice it before the steam clean but he pointed it out to us after he was finished cleaning.
    The agent said that this is not wear and tear but accidental damage and is looking into the costs for us to repair/replace it.
    Can we argue that this has worn over time or are we responsible?

    Thanks in advance

  • Ez says:

    Hi Vanessa,

    We’ve been renting a furnished property for almost 2 years in NSW. Now we are about to move out and one of the chairs had broken down while someone was sitting on it. I don’t think we caused this damage on purpose or by being careless but the agent wants us to order a new chair and pay more than $300 for it. Additionally our rent is 10% higher than the similar unfurnished properties and I thought this would cover for the fair wear & tear of the furniture.

    Any replies would be highly appreciated
    Thank you so much

    • Vanessa Pereira says:

      Hi Ez,
      In our opinion, the age of the damaged furniture should be taken into account in this case. How old is the chair?
      The tribunal depreciates carpet and blinds etc over a 10 year period and we believe you could do the same with the chair.
      -Vanessa

  • Emily Betreen says:

    We recently vacated a property after residing there for 3 1/2 years (it was brand new when we moved in). We have just been asked about a few things.

    1. There were a few shrubs along a fenceline which did die but shortly after the neighbouring property placed poison on their side to remove a weed. Also two other plants had died whilst we lived there too. Are we then deemed to be responsible for this? If we are, can we go an just purchase our own replacement plants and plant them ourselves, And what is deemed to be fair (ie. we can purchase an immature plant)?

    2. We have children whom don’t always keep their grubby hands off walls. Being clean people, we go around and clean the walls to remove the hand marks but also scuffs etc. The RA has come back to question the wipe marks and minor marks on the walls. I would consider this to be general living wear and tear though would appreciate your thoughts.

    3. There is a small chip in the sink in the en-suite. This occurred shortly after moving in, as the shelf in the medicine cabinet was a bit wobbly and putting something on an incorrect angle caused it to tilt and I lost an expensive perfume over it. Now this is being addressed. Can we be held responsible?

    4. Towel rail and toilet roll holder. The fittings used were a bit cheap (although the unit was lovely). over the years both the towel rail and toilet roll holder are becoming loose from their fittings in the plaster wall. We have told the RA this early on but stopped as they didn’t do anything. Just want to confirm that they cannot hold us responsible?

    Further to all the above, we have had regular inspections throughout our tenancy. Why has none of these issues raised before? We have been told we are very good tenants and they (being the RA) were sad to see us go.

    • Vanessa Pereira says:

      Hi Emily,
      Thanks for your questions.
      1. In our opinion, you should not be liable for dead plants particularly if it is due to the neighbour spraying poison.
      2. Can you clean the walls again with sugar soap to remove the wipe marks?
      3. This one could be argued that it is not your fault because the shelf wasn’t installed properly.
      4. If the fittings are becoming loose, in our opinion this would be wear and tear.
      Hope this helps,
      Vanessa

  • David says:

    Hi,

    We have been living in our rental for 5 years.
    I slipped in our shower and it left a crack. It is not broken or falling apart.
    Do we need to replace the screen or is this wear and tear

    • Vanessa Pereira says:

      Hi David,
      Sorry to hear you slipped in the shower. We trust you are ok.
      If it left a crack, in our opinion this would be considered accidental damage and you would be required to replace it.
      Have you discussed this with your property manager? What was their opinion?
      -Vanessa

  • Hailey says:

    Hi Vanessa,

    We accidentally stained our carpet (hand size) and our agent came for inspection and asked us to fix it. We are willing to do it but as we are leaving in a few days for a 3 month holiday we asked if we can fix it when we come back and the agent issued a breach of contract notice just for the stain. Our contract is not ending until year end of 2018..we know this is legal but is it reasonable? As our old agent got replaced and she’s taking over, if we can’t get along with her, is there something we can do? Thanks

    • Vanessa Pereira says:

      Hi Hailey – thanks for your question.
      Did the breach notice give you a deadline to rectify the stain by? If not, it should still be reasonable to to rectify it when you get back but be aware that the stain could be harder to get out in 3 months time than now.
      If you are not able to get along with your new property manager, the only option you have is to talk to her manager or the agency principal to discuss your concerns.
      -Vanessa

  • joyce says:

    Hi,
    We are soon to vacate our rental property after 4 years and what our living is a very old apartment so what I concern is, are the scuff marks on bathtub and chips off near the corner belongs to normal wear and tear? Before we move in, I realised there was some scratches marks on top but as time goes by, the marks have become bigger.

    Any replies would be highly appreciated
    Once again, thank you so much

    • Vanessa Pereira says:

      Hi Joyce, thanks for your comment.

      If the marks were there when you moved in and they have just got worse through the general use then it would be considered fair wear & tear.

      Vanessa

  • Stephanie says:

    Hi,
    I had a medium size pot plant in my rented apartment. Over the year of rental the pot plant has left an etch into the laminate floorboards.

    Would this be considered ‘wear and tear’ or ‘accidental damage’?

    It would be similar to furniture leaving marks into the floor board.

    The pot plant was never discussed at every inspection. But since moving out the property manager is trying to take as much money from the bond as she can.

    Thanks
    Steph

    • Vanessa Pereira says:

      Hi Steph, thanks for your comment.
      Is it an indentation in the laminate or is it a water mark because of watering the plant?
      Vanessa

  • Franc says:

    Hi hope you can help me with your expertise.

    I have been living for a year in an apartment and moving out quite soon. Apartment was brand new.

    I made a report to have the property inspected for cleaning quotes by the agent before we leave.

    Agent noticed there is a small dent on the drywall and mentioned that this will cost me $50 for each dent.

    Dent location is in the living room next to the kitchen where lots of movement occur during our stay within this area.

    A dent is roughly 3mm wide and 2mm deep. It is appaling that i require to pay for this. It is only slightly bigger then a ballpoint head.

    Is this something that I have to pay? Or could be consider as fair wear and tear?

  • William says:

    Hi Vanessa

    Thank you for replying to all these queries.

    I broke a lease early and despite trying to get landlord’s approval to transfer the tenancy to one of my friends, paid 4 weeks bond for the break fee. The landlord found a new tenant right after I moved out so he pretty much pocketed 4 extra weeks of rent.

    Now he’s also asking me for repairs to the kitchen bench, where he found a very small chip. It was not caused by me and I think it’s just wear and tear, probably the result of poor quality materials used in apartments nowadays.

    What’s your opinion on this matter?

    Thanks!

    • Vanessa Pereira says:

      Hi William, thanks for your question.

      A 4 or 6 week break fee is standard if you break a lease early. It is irrelevant that the owner found a tenant straight after you moved out.

      Was the chip on the kitchen bench noted on the ingoing condition report? How old is the kitchen bench? In our opinion, a chipped kitchen bench would be considered damage because chips don’t generally occur on benches through normal use and could be prevented by reasonable conduct on a tenant’s part.

      Hope this helps, Vanessa

  • Konstancja Smolorz says:

    Hello Vanessa,

    Could you help me with missing grout, please?
    In the kitchen, there was a grout missing, what is written in the check in from 2014.
    I believe that missing grout caused hairline cracks on the tiles and it should be considered ad=s ‘fair wear and tear’, however our landlord doesn’t agree.
    What is your opinion on that matter?

    Thank you,
    KS

    • Vanessa Pereira says:

      Hi KS – thanks for your comment. Where are the tiles you are referring to located in the kitchen? Wall or floor?
      Vanessa

  • geoff warn says:

    Hi Vanessa,

    We have rented out a brand new duplex for the past 18 months. On vacating, property had some scuff marks on the beige lounge /dining room wall which is no problem, but as tenant preferred to clean the property themselves, they used Jif in the scuff marks and have left some marks on the wall which is highly visible when entering that area of the property in daylight hours. Can we as owners request a proper cleaner come in and try to clean off these marks or DEMAND TENANT PAY FOR A REPAINT OF THE WHOLE WALL ?

    • Vanessa Pereira says:

      Hi Geoff – thanks for your comment. Have you tried to clean the wall again with sugar soap? Do you know what initially caused the scuff marks? If it is a case of wear & tear then in our opinion you won’t be able to demand the tenant pay to repaint the wall.
      Vanessa

  • Lucy says:

    Hi
    I hope you can help. We are overseas and have rented out our house for the past 3 years. We are returning soon. When we were back in Australia doing some work on the house, we noticed that the tenants’ dog had damaged a large sliding door and an internal door (there are scratches all along the bottom). We’re in the process of getting the doors assessed to get it repaired or replaced (whichever is feasible). Our agent has emailed us and informed us that she thinks the tenants will only be liable for the cost of the portion of the door that’s damaged – and we’ll be liable for the rest – and that if we take it to tribunal, we’ll lose! Is this really likely? I just can’t see how we could possibly replace the lower portion of a metal-framed glazed door only – or even an internal timber door, if it comes to that! Our agents have, in the past, seemed to be more on our tenants’ side than ours (and have failed to mention things like the dog damage in annual condition reports – when they have actually got around to doing them…). Our tenants also failed to look after a section of our garden (they were offered a gardener, but refused, preferring to opt for slightly cheaper rent), and many plants in that section died and it was overrun with weeds. After we realised that the garden hadn’t been looked after (again, it wasn’t noted by our agents – we had to find out for ourselves), we insisted they take the option of a gardener – but the damage had already been done. I’m concerned that we’re going to end up paying for our tenants’ damage/negligence – especially as our agents seem blind to this (and possibly other) damage. Any advice you can give would be gratefully appreciated.

    • Vanessa Pereira says:

      Hi Lucy – thanks for your comment.
      We are on your side! However, Tribunal decisions are unpredictable. They tend to view damage as wear and tear especially if the owner has accepted the risk of a dog. Did you actually agree to a dog in the first place? If you didn’t, you will have the law on your side. If you did, then advice we have received from the Real Estate Institute is that some of the commercial risk has to be carried by the Landlord. Hence we recommend our clients not to accept dogs – unless their homes are ‘dog-proof’. They will also scratch floor boards as well as doors.

      In your case, we recommend you obtain a quote and then instruct your agent to defend your position based on before and current condition reports. We also recommend you try to sort it out prior to any hearing and insist that the tenant pays 100% of the damage. If you can’t get 100%, try to compromise a position.

      The tenant is definitely responsible for plants and weeds in your garden. We trust your agent took some photos of the garden at the commencement of the Tenancy as that’ll be the only evidence you can refer to. The tenant will have to restore the garden as it was at the start of their tenancy.

      We hope this helps.

      • Vanessa Pereira says:

        Hi Lucy – further to my comment yesterday, we’ve actually got some advice about the garden from the Real Estate Institute and their position is that tenants are to weed and cut lawns but are not responsible for the life of the plants of flowers.

  • Gary Birkinshaw says:

    Hi Vanessa, i found a cracked window in the garage while cleaning the property for end of lease. Don’t know much about the cause – probably neighborhood kids throwing rocks, but definitely not us (tenants) fault. Real estate wants it to come out of the bond – are we liable.
    Thanks, Gary

    • Vanessa Pereira says:

      Hi Gary – it would really come down to whether you have any evidence to prove you did not cause the damage to the window. You may find it difficult to argue that it was not you. Vanessa

      • Gary Birkinshaw says:

        Thanks for the reply, I can’t prove a negative – I was hoping the onus would be on them to prove otherwise

        • Vanessa Pereira says:

          Hi Gary – it’s a difficult one as it’ll be your word against theirs. Did you tell the agent as soon as practicable when you noticed the damage?

  • Kd says:

    Hi Vanessa
    There was water leak from our fridge, when we were on holidays for a week. The carpet on kitchen is very old and had holes, which caused water to go below carpet and damage the vinyl floor. The landlord and agent noticed this on next inspection. I tried cleaning it up but did not work. This was 8 months ago. There was another property inspection after that. The agent did not mention anything about fixing up the floor until I recently vacated the property. Is this wear and tear or accidental damage? If the floor and carpet were in proper condition, they would not be damaged by relatively small amount of water spilled on them for couple of days. Do I have to pay for replacement of the floor. The property is in a condition where one would say would require renovation as it is very old.

    • Vanessa Pereira says:

      Hi Kd,

      Thanks for your comment. In our opinion we would say that it would be considered as damage but how old is the carpet or vinyl underneath? If over 10 years, we would suggest the owner would find it difficult to claim in a Tribunal.

      Hope this helps,
      Vanessa

      • Kd says:

        The carpet and vinyl are more than 20 years old. The agent is not asking me for carpet but pay for Vinyl replacement. Can I refuse to pay for replacement, because they were old and end of life?

        • Vanessa Pereira says:

          In our experience, the Tribunal considers anything over 10 years to be depreciated to a nil value so it would be difficult for the owner to claim compensation in a Tribunal. Do they have insurance?

  • Cindy says:

    Hi I rented a brand new property 6 months ago where the materials the landlord installed were new but not in perfect condition. Eg I had flagged in condition report that the marble benchtop had had scratches already when we moved in.
    Question is: we are moving out soon (after 6 month lease) and despite placing many placemats and using cutting boards all the time, there’s ETCH MARKS on the marble from some splashes of water with a bit of citrus. Usually I cleaned up immediately but there’s some spots which could be seen from certain angles and bright lighting. Is this fair wear and tear?

    • Vanessa Pereira says:

      Hi Cindy – thanks for your question. Were you warned on how to care for the marble? Vanessa

      • Cindy says:

        Hi Vanessa
        The property manager only reminded us not to directly cut citrus foods on marble and suggested a certain marble cleaner that was more gentle (for daily cleaning, not to remove etching). We never cut anything directly on the marble and I actually already had a a few table mats and chopping mats to help protect the benchtop. But it was really impossible to avoid any drop of citrus liquid to land on the marble. And I already wiped the surface all the time.

        • Vanessa Pereira says:

          Hi Cindy – in NSW we believe the Tribunal member will always take a position of wear and tear in favour of accidental and malicious damage providing that the item in question has had normal use. So, although it is a grey area, we would suggest that in the above, it is more likely a tribunal would take it as fair wear and tear.

  • April says:

    Hi,

    If my child is in the shower and the shower screen smashes and injures him.

    Where do I stand legally?

    Thanks

    • Vanessa Pereira says:

      Hi April – thanks for your question. We can’t help you with this as it is a legal question. We recommend you seek legal advice or speak to Fair Trading and see if they can assist you. All the best, Vanessa

  • Taryn says:

    Sorry I meant to say 2 1/2 years

  • Taryn says:

    Hi,
    I have recently asked for repairs to be done to a light switch in the main bathroom. The light switch became very stiff and refused to toggle. In trying to turn the light off the switch disappeared inside the cover and is inside the wall. I wrote to the agent and requested repairs but they have replied stating that the landlord believes it has happened to misuse or neglect.
    The original request was sent more than 2 weeks ago and I have been offered an inspection by the agent of the light switch during the next inspection unless I feel there is a cause for concern.
    I believe they have said this so I pay for the repairs. It has not been inspected but a pucture was sent with the original maintenance request

    • Vanessa Pereira says:

      Hi Taryn – thanks for your comment. In our opinion from what you have described this would be considered fair wear & tear. How old is the property you live in? Does the light switch look old? Vanessa

      • Taryn says:

        No the property is still fairly new. It is a 4 yr old town house but I’ve been here a bit over 1/2 yrs. I’ve found that most of the fittings are of poor quality and cheap. I’ve had toilet seats x 3 tightened and a towel rail that came loose fixed already. I’m a great tenant that looks after the property but I feel they’re just trying to dodge paying to get it fixed by saying it’s due to damage. They have sent no one to look at it and simply made that presumption from a picture I sent them. There are no cracks in the cover or scratches to show accidental damage. I was simply using the switch in the manner I’m supposed to.
        How do I reassure the landlord or PM I didn’t break it and that it is a fault in the switch?
        If they send someone out i am almost sure they will try and bill me for it. Should I take action now and get it inspected by the tennnant authority to show that I didn’t break it?

  • Esther Chong says:

    Hi, just wondering whether the slight swelling along the top edges of the laminate doors for the vanity caninet under the bathroom basin is considered damage due to negligent or just wear & tear? The doors were newly replaced when we moved in & the property manager told us that the previous tenant did not take care of the doors and that was why they were damaged. Now that it is our turn to move out after 1 1/2 years, as I was doing the cleaning and so noticed the swelling. We were just using the bathroom in a normal manner and there was no accidental damage to the vanity doors. We have taken photos of the swollen doors & it can be seen that the type of wood used inside the laminate is chipboard or particle board which is non-water resistent. As this is a bathroom with shower where moisture content is high and contact with water is inevitable, do you think it is reasonable to argue that this is a case of wear & tear?

    • Vanessa Pereira says:

      Hi Esther, thanks for your comment. It definitely could be argued as accidental damage because the doors shouldn’t get wet enough to swell and crack with normal use. However there could be other causes such as a leak. It is also possible that the doors are poor quality. If this is the case, then you could argue that you are not responsible for it.
      Vanessa

  • Ranil says:

    Hi,

    I hope you can help me with a quick answer about bathroom fair wear and tear. I just moved out of my place and the landlord is telling me that the small board door that covers the bottom of the sink has swelled and cracks have appear top of the small door frame. This door is a particle board and it gets wet easily as we use the sink for washing face or hands. I heard particle boards are very easily deformed due to water and I thought this was considered as fair wear and tear. Could you please help me out with this ?

    Thanks a lot!
    Ranil

    • Vanessa Pereira says:

      Hi Ranil, thanks for your comment. It definitely could be argued as accidental damage because the doors shouldn’t get wet enough to swell and crack with normal use. However there could be other causes such as a leak which could have caused it. It is also possible that the doors are poor quality.
      Vanessa

  • Kunal Parekh says:

    Hi there

    Hope all is well.

    We have moved in this apartment in Canberra in March.

    We were using mattress on carpet without base until recent inspection.

    In the recent quarterly inspection, the property manager asked us to use bed base as the mattress would damage the carpet.

    Based on the recommendation we are using the base for mattress. However after 4 months when we removed the bed base from the bedroom, we saw a stamp on carpet from the base which wont go away.
    We tried vaccumming it but still it won’t go away.
    It’s not something that we have spoiled or so.

    It seems like a memory carpet in the apartment.

    We had this sort of stamping of computer table in living area when we moved it. But it went off in couple of days on its own.

    We are not planning to leave this apartment as it is a year contract.

    We still have got 7 months to live in this apartment.

    I am just apprehensive could propert manger charge us for this stamping on carpet due to furnitures while vacating ?

    Do you have any suggestions how could we avoid these sorts of stamping on carpet due to furnitures? The only option I could see is either break the contract or don’t have any furniture but it’s not possible?

    Please response

    • Vanessa Pereira says:

      Hi Kunal – thanks for your question. You could try to steam clean the carpet and see if that improves the mark. We recommend there be a gap for ventilation between the furniture and carpet to try to avoid this.
      Vanessa

  • Michelle says:

    Hi i was hoping for your opinion. I just moved out of place. There is a crack on the shower screen door. I have no idea what caused this. The real estate want the repair to be taken from our bond. I am wondering if it would be considered as wear and tear as the bathroom is NOT ventilated therefore its possible it cracked because of this.
    Thanks
    Michelle

    • Bec Reid says:

      In our almost 26 years of Property Management, we recall one shower screen door which exploded on its own. Our Property Manager was advised by the shower screen people that the expansion of the glass due to heat made it explode within its frame. It is possible that this happened to your screen. The lack of ventilation could possibly contribute if you use heaters and warm your bathroom to an extreme temperature. We suggest you do some research yourself and get some evidence from shower screen repairers and present that evidence to the Agent. Also, we suggest you sign a Statutory Declaration (download it from some web site) in front of a JP stating that at no time did anyone in the property cause the crack and that it cracked by itself. Include the date it happened and how you came to notice it and the fact that you noticed it prior to a shower. We hope this helps.

  • Yolandi Vermaak says:

    Could someone please advise? I left my rental in far better state than when I received it. The agency and owner is now expecting me to pay for things I consider wear and tear. The tupperware cabinet door is slightly loose, there are 2 light switches where the little knob inside the fitting is a little loose and the plastic things that keeps blinds fixed and the plastic cord that pulls them up and down doesnt work in some of the blinds. In my condition report initially i indicated that some blinds cant open or close but nothing else. Are all of these fair wear and tear?

    • Bec Reid says:

      These items sound like fair wear and tear items to us, so we suggest you simply ask your agent to explain why and how they consider that you have damaged the items. If you can’t resolve these issues, then talk to Fair Trading.

  • crunchydill@hotmail.com says:

    Hi there,

    A flower pot fell off a window ledge during a windy storm and broke the corner of the toilet cistern lid. We advised the property manager straight away, and have tried to get it replaced but unsuccessfully due to no visible evidence of what brand it is, and the landlord doesn’t know where it was purchased from.

    The property manager have now said that the only way to rectify it is to replace the whole toilet which will be approximately $900. I understand that we need to pay, however wanted to know if it was reasonable to ask for a second opinion? I feel that this price is quite a high amount for a toilet. Or do we just have to pay whatever amount they tell us?

    • Vanessa Pereira says:

      Hello – you can certainly get your own quote from a licensed plumber and then negotiate with the agent. You could also ask the agent to seek a second quote. Vanessa

  • Belle says:

    Thanks Vanessa, As yet I haven’t discussed the damage with the tenants but they termed it a ‘malfunction’ which appears to me like they are shifting the onus away from their causing the damage. The sofa is so sturdy and was like new and I thought – indestructible, yet they managed to make it very second hand within 3 months. Its more abuse than use in my view and was reported after a party, so not sure but it is consistent with misuse, as I mentioned, can’t imagine how they did it unless dancing on it and they slipped, I seriously don’t know as it is in the front of the seat. They want me to pay for an electrician to change the light globes too, so I think I am being taken for a ride. A long one. As mentioned a $2,000 repair to a once perfect sofa.

    • Vanessa Pereira says:

      Hi Belle, if you have evidence that it happened after a party you may have more grounds for damage instead of wear and tear. I’m not sure where you are located, but in NSW tenants are responsible for changing the light globes themselves. Hope this helps, Vanessa.

  • Belle says:

    The sofa on one side has dipped at the front edge – looks like the foam or structure has been impacted by a person sitting on the front playing video games and leaping around – which is what they do. Can’t find an explanation in normal terms as it has never had an injury before. The upholsterer said the foam has dislodged and as it is a closed cover it is more the time to resurrect the interior, he didn’t think it was anything structural, more a forced movement of the padding.

    • Vanessa Pereira says:

      Hi Belle, it would be hard to say that this is accidental damage as the tenant could easily argue that it has happened through the general use of the couch, in which case it would be considered wear & tear. Have you asked the tenant how the it occurred and mentioned that in the 5 years the previous tenant was there was no issue with the couch? Vanessa

  • Greta says:

    Hi,

    My real estate and owner gave permission for me to have a cat, I now have a few imperfection on one of my fly screens – no holes or anything too obvious unless searching for it. Just curious as to what this would be considered?

    • Vanessa Pereira says:

      Hi Greta, if the imperfections have been caused by the cat and not through the general use of the fly screen, in our opinion this would be considered damage. The fact that the cat was approved is irrelevant. Hope this helps, Vanessa

  • Belle says:

    Just a quick question, as a landlord we rented our furnished house with a leather sofa. Our previous tenant was there for 5 years and no issues at all. After 3 months the new tenants have claimed a malfunction occurred with the sofa and I got a quote for its repair which was $2000. The malfunction is due to the manner in which they use the sofa I was told which is regarded buy the upholsterer as recklessly. Not sure how to deal with this as no damage had occurred previously.

  • Rose says:

    Hello!

    My tenant recently moved out of my fully furnished unit and we cannot agree on the wear and tear. So thought i’d asked a third party to help me out.
    My unit is brand new and all the items inside. My tenant initially signed a year contract and renewed it for another year. Prior to renewal, they requested a new sofa as they cant get comfy with the existing. As a landlord wanting the tenant to be happy, i replaced it right away. After a year, they moved out and the sofa has no damage but stains all over. It is not even pleasing to the eyes and the only solution is to get it re-upholstered. They admitted that they got it spilled due to their kids and apologize for the stain. When we did the walk through the husband agreed to get it fixed. But when they saw the amount, they suddenly claimed the stain as part of wear and tear. They keep insisting that spilling iis normal and they should not be charged for it. Can you please advise on this? Do they have claim against me as i have been holding their deposit. I have told them that remaining deposit is available but wont take as they want the full amount.
    Thank you.

    • Vanessa Pereira says:

      Hi Rose – Thanks for your comment. Based on your description of the stains and the fact that it was brand new in our opinion this would be accidental damage rather than wear & tear. Spills don’t occur through the general use of a couch. Hope that helps, Vanessa.

  • Christine says:

    Hi,

    I’ve recently noticed that there is a yellowing discolouration on the skirting board (next to the window) and swelling of the timber below the window, which I notified the landlord of. It sounds like it may have been caused by a build up of condensation. The silicone around the window frame looks to have a gap in it, which I believe contributed to the problem.

    I am aware that the tenant is responsible for ensuring the premise is well ventilated, notifying the landlord as soon as possible and mitigating damage.

    But how do I prove that I regularly ventilated the apartment (opened the window/ regularly, wipped down windows, avoided using the heater, used the ventilation, etc.)? Does the landlord need to prove that I failed to ventilate the premise or do I need that I did?

    Thanks,
    Christine

    • Vanessa Pereira says:

      Hi Christine,
      If you have reported this to the landlord and explained you have done your best to ventilate the property then you’ve probably done all you can. You could possibly take photos or record some evidence as proof you have ventilated the property.
      Hope this helps,
      Vanessa

  • David says:

    Hi, I have recently moved into a rental property (6 weeks ago). The place is in average condition not very well maintained but one thing which struck me as nice was the shiny pine timber floorboards. I moved in being careful and all was good except I dropped something on the floor in the kitchen and it dented the floor. The floor is actually hollow as it made a small hole, I am not sure how this is possible with timber boards unless there is a problem with them. I decided to check the rest of the floor closely (literally on hands and knees) for other damage I had initially not noticed. I see a few dents I have not made (but did not notice for property inspection report) but when peeling back a new rug I had put down in my bedroom can see that the underside of the rug has made lots of small dents to the timber where I have been walking on it. I put the rug down to protect the floor! Arghh. I understand I have to pay for accidental damage but when the floor is so ridiculously soft (and in parts hollow), do I have any basis for argument that they are not fit for purpose?. I just want to move out now I can not see myself avoiding further damaging a floor like this even if I am super careful. Thanks

    • Vanessa Pereira says:

      Hi David – Have you discussed the condition of the floor boards with your agent?

      • Dave says:

        Hi Vanessa,

        Thanks for your reply. At this stage no, but I intend to very soon I just want to get some advice first as the agent has been really difficult to deal with.

        I need to take pictures etc so I have everything documented. I have already reported a number of issues with the flat (smell when I moved in, power point coming away from a wall, problems with internet) and the response has consistently been ‘we can fix but at your cost’. Even the internet issues I was getting really poor speeds I called her and she told me that the last tenant had no issues and iiNet/Telstra are just trying to pull the [quote] ‘wool over your eyes’! I have an IT degree and know that is plain rediculous. Telstra found a fault and fixed it but this is just an example of what I am dealing with.

        Now the soft floor boards which damage easily. I also raised concern that the owner rewired a power point in the flat while I was there and I chatted to him for a while about building experience he said he had none so I don’t think he is an electrician. I have repeatedly asked the agent if he is certified to do the work and they refuse to answer, instead asking me [quote] “why do you want to know”. I have told them but they will not answer. I have kids and am concerned about safety etc.

        I think my agent sees everything as damage, including wear and tear. The unit is badly run down and now I am looking at the possibility of them trying to have me fix a lot of things I have not actually done. I did not go over the property condition as closely as I now know I should have.

        I will discuss the boards with the agent asap. For small dents I can see and know are not mine what should I do? Do I have any options to break the lease and move on?

        Your response is greatly appreciated.

        • Vanessa Pereira says:

          Hi Dave,
          You can break your lease but there would be a fee to pay. You’ll need to read your lease to find out what that fee will be.
          The best I can suggest if they try to claim things from you that you do not believe are your responsibility you will have to do your best to negotiate with the evidence you have alternatively go to the Tribunal.

  • Cindy says:

    Hi, I handed my keys back for the property I rented on April the 24th. Done all end of lease requirements. Had the carpet cleaned, cleaned, and filled water tank ect. On April the 26th received a email from the real-estate saying the final inspection was all fine. Then on May 4th had a phone call saying the house smelled like cat urine. I completely disagree so she went ahead and had a hydro-sensor test done and come back negative for cat urine. But in a small area there is something on the carpet that the hydro-sensor picked up but not animal urine ( there is not a mark or anything on any of the carpet ) she is trying to charge me for this. I don’t see how this is my fault or problem . The house has been vacant for 3weeks and I think she is trying to take bond for a smell that is of a locked up house. Can she take money from my bond for this? She also is saying the house never had any smell when the tenants before me left.

    • Vanessa Pereira says:

      Hi Cindy – thanks for your comment. If you have evidence of your agent advising everything was fine on April 26 that should mean that everything is finished. Did they release your bond then or is still being held by the bond board? Vanessa

  • julipers says:

    Hi so my husband an I lived in our rental house for 6yrs in cali we moved out cleaned not only basic but deep cleaned the whole house we did not shampoo the carpets per landlord request an we did not scrub mold per landlord request she said she wanted to get a mold expert in to have the house looked at!? We had been in a 3-4 year long drought so we had to stop watering our law which we paid for out of our own pocket to seed till re- irrigate sprinkler system inn front and then laid sawed on half the back yard updated the electric pluggs from two whole to the three prongs one new kitchen faucet an lots of other little things she is now complaining we did not wash rines the light fixtures, edge the front lawn,re seed an charge for her time to go out ann water it,ann charge for a landscaper to level all the “wholes” along the fence from mmy dogs which weren’t from our dogs the neighbors dogs whom constantly kept getting our yard! An she is wanting to charge for the hard water stains on shower doors I deep cleaned the restrooms and shower doors is this considered normal wear an tear?? Specifically the hard water stains on shower door an the whole lawn thing since we were in a drought ann would be fined if over watering thus dead lawn! Which we again put in our selves? Oh an one screen broke but was intact with no holes but they weren’t fitted good an when we tried taking them off to clean years back it snapped an we left it couldn’t even take it out and our sliding door screen tour by handle and kids an dogs but not unfunctional in any way is this damaged or normal wear an tear??help please

    • Vanessa Pereira says:

      Hello – thanks for your comment. The property is always assessed based on the condition of the property at the start of the tenancy and the end minus fair wear and tear. Did you report any of the issues during the tenancy – like the dog getting into your yard and the holes in the screens? Vanessa

  • Sathy says:

    Hi We Just left the rented place after living 5, years, we engaged agent provided professional cleaning company to clean include carpet steam cleaning, window washing etc. for around $940. However the carpet (cream colour) were dirty mainly traffic area (black), even after steam cleaning black patches pops up near windows. We did steam clean after 2nd or 3rd year, that time the cleaner told us the carpet undelay has gone, and most of the black mark will appear. We did not take serious to inform to agent. Only one inspection over 5 years, the agent talk about the carpet dirty and I reply her that the carpet is old, we did clean.
    Now the agent did not given our bond and saying going to VCAT, we have old photo the condition we took over and current. No spill or paint happened but black marks.
    Underrated that the house was rented over 12 years.
    Any advice appreciates

    • Vanessa Pereira says:

      Hi Sathy, if the agent has already applied to VCAT a hearing will go ahead. We recommend you have all evidence of the condition of the property at the start and end of your tenancy and the receipts from carpet cleaning. The tribunal will consider the age of the carpet during the hearing.
      Vanessa

  • Cal says:

    Hi,

    When we moved into our rental property (14 months ago) the owner had had issues with a previous tenant and had completely re-done the walls and re-painted. Hence when we moved in the walls were pristine. In trying to get furniture into the property (it is a narrow 3 level townhouse with very narrow internal stairs) there were a few indentations made (with chipped paint) in the walls by furniture such as beds and tv cabinets. I think there are about 3 of them. There is also a scratch on the wall beside the breakfast bar made by swivelling a stool while having breakfast.

    Are these likely to be considered ‘fair wear and tear’ or accidental damage that we will need to pay additional money for?

    thanks

    • Vanessa Pereira says:

      Hi Cal – thanks for your comment. Considering the property had been freshly painted, we are of the opinion that this would be considered accidental damage.
      Vanessa

  • Tariq says:

    Hi, I have a tenant that has just left the apartment a few days ago. the carpet is stained and there are a few patched in the carpet where the (fluff) has been ripped out. the curtains are all stained the walls are dirty and there are allot of chips and peeled paint, mold in the bathrooms and the cupboards are dirty inside. Also the tenant seems to have tried to paint some patches in the ceilings and around the doors (very sloppy). To me this is RIDICULOUS. But my agent keeps telling me no its just wear and tear and if u ask for anything more then a cleaning you will not get it and the tenant has been there for 3 years so it is acceptable. What do you think? and what should i do about my useless agent?

    • Vanessa Pereira says:

      Hi Tariq, thanks for your comment. What was the condition of the property when the tenant first moved in?
      The fluff on the carpet could be considered as wear & tear, but generally stains on carpet are considered accidental damage.
      In our opinion, chipped walls are accidental damage but peeling paint could be either depending on what caused the paint to peel.
      Mould and the insides of the cupboards need to be cleaned by the tenant.
      We recommend you discuss these items with your agent.
      Hope this helps.
      Vanessa

  • Jasmine says:

    Ive moved out of a rental i was in for 2 years as the landlord sold the property. It was mebtioned to me that the new owner complained about the walls being dirty. It made sense as i have a 20mo son who has dirty fingers but after cleaning the place and washing the walls with sugar soap they have called to say the walls are still very dirty but i dont believe so. They want to charge me 290 to get a cleaner through but if they cant ve cleaned then i might be charged a repaint fee aswell. Isnt this a wear and tear ? I cleaned those walls twice and i think they are very clean. What do i do as i need there refrence for a new place still

    • Vanessa Pereira says:

      Hi Jasmine – You are responsible for cleaning the walls. However if you believe you have cleaned the walls thoroughly and the agent disagrees, it’s one’s word against the other. Can you offer to clean it again?
      Vanessa

  • Chinitah says:

    Hi i have accidentally put a crakced on mirror splashback kitchen wall.
    I was boiling electric kettle and suddenly the glass clicked and i found a cracked on the glass wall, we’ve been living in this rental property for more than a year and this is the first had happened to broke a glass while boiling water in a electric kettle. Whole kitchen is surrounded with mirror splashback and all powerpoint is attached to the glass wall so there is no way i can boil water somewhere with out a glass surrounds.
    Now im just wondering if the owner will ask me to pay and replace the whole wall which is 4 sqm, i got a quote online stating it will cost me $450 per sqm including installation if i required ti replace the whole
    Kitchen wall, roughly 2000$ Which is a hige money, can someone please help me out with this one. Thank you.

    • Vanessa Pereira says:

      Hi Chinitah, in our opinion this would be considered accidental damage. We recommend you discuss it with your agent and you may be able to come to an agreement about the repair. Thanks, Vanessa

  • Louise S says:

    Hi

    I have a few questions. I am managing my own property and the six month lease came to an end which I did not renew. At the final inspection, all things I noted that were not in the ‘same or nearly the same condition’ my tenant does not agree with and claims it is all wear and tear. Prior to her moving in I had the place fully cleaned. When she left there were marks on the walls, some looked like a beverage had spilt, the blinds were not dusted that well, wardrobe drawers had come of the runners and following a small fire in the kitchen had failed to wipe off some some smoke marks and the ash on the blinds and generally not dusted. She refuses to pay to fix/clean any of this. What part of this is ‘wear and tear’ or negligence?
    Thanks

    • Vanessa Pereira says:

      Hi Louise, thanks for your comment. In our opinion, the only item you have listed that would be considered wear & tear would be the wardrobe drawers off the runners. What caused the fire? Was it the tenant’s fault? That could determine whose responsibility the cleaning is for the items related to the fire. If the property was professionally cleaned prior to the tenant moving in and it was marked as clean on the condition report, the tenant is responsible for returning the property in the same condition. Do you have photos of the property to use as evidence? Hope this helps. Vanessa

  • C says:

    Hi there,

    I came home to find the threads at the top of one of the Venetian blinds have frayed and broken and this has resulted in the blinds dropping low from the top frame. Whilst I know I didn’t cause this as I discovered it when I got home, I am in the middle of my self-initiated termination notice period for my periodic tenancy. Would this be considered wear and tear?

    • Vanessa Pereira says:

      Hi Claudia, in our opinion this would be considered fair wear & tear. We suggest you notify your agent before you vacate so they are aware and are not surprised when they do their final inspection. Hope this helps, Vanessa

  • Olivia says:

    Hi there,

    We have just vacated a rental property we’ve been in for 4.5 years, we had a small rug in the bedroom that our bed rested on at one end so it was never lifted. When we have removed the rug we’ve realised the carpet underneath has discoloured, we’re not sure if it’s a colour leach or as a result of damp (we did have a couple of water leaks in the room in some of the storms we’ve had over the years).

    Does this count as accidental damage or wear and tear? The agent is claiming the whole carpet will need to be replaced.

    Thanks for your advice

    • Vanessa Pereira says:

      Hi Olivia, How old is the carpet? Have you tried to steam clean the carpet? In our opinion it wouldn’t be wear & tear. Can you negotiate to compensate for the part of the carpet that is damaged? Vanessa

      • Olivia says:

        Ok thanks Vanessa. We have tried to steam clean, no joy!
        The carpet is now 7 years old so hopefully we will only have to pay part of the costs.

  • Alexis says:

    Hi!

    Just wanted some advice, we rented a place short term for two months, signed no lease or bond agreement. Paid rent in cash and bond email transferred with a memo so we have proof of that, now that we’ve moved out they’re saying they want to keep $500 for damages, which included, two broken glasses and a cup ring on a nightstand, and a stain on the couch. I understand the stain on the couch which we’re not even sure if it was us but o well, what would the glasses and nightstand be consider? Can they with hold that much money?

    • Vanessa Pereira says:

      Hi Alexis – Thanks for your comment. In our opinion it would be considered accidental damage. If you feel $500 is excessive, you can try to negotiate with the owner for a lesser amount. If you do this, we suggest you gather evidence to support your suggested amount – eg. Pricing for a similar nightstand.
      Hope this helps, Vanessa.

  • Jodie says:

    Hi again. I would like to know if a peeling toilet seat would come under wear and tear. I have already replaced the old one when we moved in. I don’t think I should have to replace it again.

    Thank you
    Jodie

    • Vanessa Pereira says:

      Hi Jodie – You are only liable for negligent, irresponsible or intentional actions that cause damage to the premises. So if you have evidence to show that the toilet seat is peeling simply by the ordinary use, then it would be our opinion that it would be fair wear and tear. Vanessa

      • Jodie says:

        Thank you Vanessa.. I have 2 doors that were damaged while moving furniture. They are very old doors that you can no longer get. They cannot be fixed so I will need to replace them. As I can’t get exactly the same doors, do I need to replace the other doors so they are all matching? They are not plain white doors,otherwise I would be able to fix them. They are a wood grain veneer doors. I was going to get someone to put new doors on with a walnut varnish but it won’t have the wood grain look. Do you think that would be suffice?

        • Vanessa Pereira says:

          Hi Jodie, you shouldn’t need to replace all doors so that every door is the same but replace the damaged doors with as close as possible. We recommend you speak to the agent/landlord about the replacement doors you propose to ensure they are satisfied with them. Vanessa

  • Sharneel Singh says:

    Hi…I have been renting a 2 bedroom house in NSW for 2 years. There are some minor scratches on the 4 burner ceramic glass cooktop (4 scratches on one burner with each scratch being less than 1 cm in length). Those scratches were not there when I moved in.
    Is it normal wear and tear? I am not sure if I would have to pay for replacing the glass on the cooktop when I move out?

    • Vanessa Pereira says:

      Hi Sharneel, In our opinion it comes down to whether the scratches have appeared over time from ordinary use of the cooktop. Vanessa

  • Jodie says:

    Hi, I’m about to leave my rental property & I know my agent will give me a hard time when inspection is due. I am taking them to the tribunal. I have rusty stove top rings, that I have kept clean but they are now so rusty, that they are falling apart. Would this come under wear & tear? The stove is more than 10 years old. Also the carpet which is 10 years or more old is in very bad condition. There are tears in some parts which I have let agent know about. It’s lumpy & very thin. I’m sure it will be replaced when I move. Can I just vacuum the carpets & not have them steam cleaned? AsI’m sure when I moved in, the carpets were not clean. Would appreciate your advice. Thank you

    • Vanessa Pereira says:

      Hi Jodie – Fair Trading NSW states on their website that fair wear and tear means the deterioration that occurs over time with the use of the premises even though the premises receive reasonable care and maintenance. Such deterioration could be caused by exposure, time or just by ordinary use. You are only liable for negligent, irresponsible or intentional actions that cause damage to the premises. If you have evidence to show that the above has been caused simply by the ordinary use, then it would be our opinion that it would be fair wear and tear. Vanessa

  • Laura says:

    Hiya I was just wondering if you’d be able to advise us. I slipped in the shower a few months ago & accidentally put a hole about the size of a 5p coin in the plastic panelling. We have filled the hole and it’s unnoticeable and I told the letting agent about it at the time. Originally we had planned to replace the panel but on speaking to the bathroom fitter he advised that we would have to replace the full wall which we couldn’t afford. Do you think they will accept that it has been filled in or do you think they will want us to replace the panelling to receive our deposit back?

    • Vanessa Pereira says:

      Hi Laura, thanks for your comment. We recommend you discuss this with your agent, because it’ll be their decision as to whether the deposit is refunded or a portion taken for the repair. It is also difficult to be able to determine whether the fill you have done rectifies the problem properly without seeing it. Vanessa

  • Liddia Lynch says:

    Thanks for your reply Vanessa. There is an issue with the Condition Report also in that when we moved in to the premises we were never supplied with an original report on which to make our additions. The PM mailed us the last page of the report asked us to put our additions on that and return it, which we did in good faith.. stupid! The property has since changed hands and the current PM can’t find this “copy” which is the only one with our signature on it AND the only one we have ever seen.They are now trying to hold us responsible for things that were not on the original condition report but were added to our copy.However, I have email documentation with the previous PM supporting that particular claim. I’m happy to buy a toilet seat, but the principle irks me. We believe the condition of the house is better or on par with when we moved in, they however do not

    • Vanessa Pereira says:

      I gather you signed the last page of the report then, so you would have agreed to the condition stated in the report. What about the rest of the report? Does it outline the condition of each room? Have you left the property in the same condition minus fair wear & tear based on the bulk of the report?

  • Liddia Lynch says:

    Hello, we are having some issues with our previous property managers and I have 2 questions:

    1/ they are insisting that the property isn’t clean to “their standards” and want to charge $400 for cleaners to re-do the entire house. We feel that the house is at minimum “reasonably clean” as stated in our lease agreement with regard to the condition report. Who gets to determine what “reasonably clean” is?

    2/ they are claiming that a discoloured toilet seat on which the plastic is peeling is damage and we are required to replace it. I beleive that the discolouration and the peeling is a result of general cleaning and wear and tear.

    Your advice on these matters would be appreciated.

    • Vanessa Pereira says:

      Hi Liddia – thanks for your comment.
      1. The term ‘reasonably clean’ can be a grey area and if it ends up at tribunal, ultimately the tribunal member is the one to make the final decision. However if we go back to basics, the law requires a tenant to leave a property in the same condition minus fair wear & tear. We recommend you refer to the condition report and any photos as evidence to support your case.
      2. This is copied directly from NSW Fair Trading’s website “You are not responsible for fair wear and tear to the premises. Fair wear and tear means the deterioration that occurs over time with the use of the premises even though the premises receive reasonable care and maintenance. Such deterioration could be caused by exposure, time or just by ordinary use. You are only liable for negligent, irresponsible or intentional actions that cause damage to the premises.” Without seeing the nature of the discolouration of the toilet seat, it is difficult to tell you if it is wear & tear or not. Would it be worth buying new toilet seat from Bunnings to solve the matter? You can get them quite cheap these days.
      Hope this helps.

  • Hammad Mansoor says:

    Hi, we live in a rental unit and I’ve noticed some scratches on the stove. Its a white electric stove and scratches may have been caused by cleaning using a scrubber. Is it considered normal wear and tear?

    • Vanessa Pereira says:

      Hi Hammad, thanks for your question. It could be argued as wear & tear because it occurred from cleaning but it could also be argued as accidental damage. We recommend you clean the stove with a special stove cleaner that won’t scratch it. Vanessa

  • vivan says:

    Hi Vanessa, thanks for the prompt reply. the water mark was caused the heater during winter as temperature difference from outside. I didnt wipe it down so hence the water marks. do i have to pay for the repainting of the doors/windows skirts?

    • Vanessa Pereira says:

      Hi Vivan, can you wipe the walls down now with sugar soap or something similar? Sounds like they have appeared from lack of ventilation during winter. Vanessa

  • vivan says:

    Hi. We just vacated a property. there are water marks around the doors/windows skirts (in both bedrooms and lounge room) and the landlord is requesting deduction/claim from the bond. currently arguing and advising it is normal wear and tear however they have advise stating that there was no water marks there prior and nothing noted on the condition. Am I liable am I for this?

    • Vanessa Pereira says:

      Hi Vivan, thanks for your comment. It would come down to how the water marks got there. Was there a leak from somewhere or did one of the tenants spill water? – Vanessa

  • Martine Atherton says:

    Hi. We just vacated a property. The benches that were in the property in the kitchen area were cheap laundry benches that had no laminate on top and were painted over with house paint. During normal use of the kitchen, this house paint has lifted off in areas. The owner wants us to fix this, despite the cabinets not being usable as bench tops one normally associates with a kitchen. How liable am I for this?

    • Vanessa Pereira says:

      Hi Martine, thanks for your question. The lease requires tenants to return a property in the same condition minus fair wear & tear. Without seeing first hand what the paint is like on the benches, it is difficult to know how to answer your question. Paint can chip and wear away easily when there is constant contact with water so I am going to assume that you would have wiped the benches daily so there definitely would be wear & tear. Hopefully this helps. Vanessa

  • Julie Pearse says:

    Hi after some help. I rented a property at the start of Jan 17 but didnt take actual possession until the end of Jan. When we moved in there was a strange odour. It became apparent after a couple of days it was cat urine left by the previous tenants cat. The smell wasnt noitceablewhen I inspected the property as the windows were opened and the carpets had only just being down a week prior I have spoken to the PM and the owner about it and they have agreed to replace the flooring the areas are carpeted. My problem is that the owner doesnt have insurance to cover the replacement of the carpet and has said he’s going to put down a cheap linoleum as he’s going to renovate later on down the track. My lease is for12mths.I wasnt made aware that the owner was planning renos until I moved in so I will also be forced to find another rental then I’m not happy that I’m living in a property that is too the point of being unbearable to because of the overpower smell and paying $430 pw. What can I do regarding the carpet being teplaced with linoleum and about the fact what I was lead to belive was going to be a longterm will now only be 12mths

    • Vanessa Pereira says:

      Hi Julie, thanks for your comment. Unless the owner has given you formal notice that you are to vacate at the end of your 12 month lease, anything can change. ‘Renovating down the track’ could be 12 months or 5 years. We understand that it can be upsetting when a situation changes particularly when you have just moved in. We recommend signing a new fixed term when the original fixed term ends.

      With relation to the installation of lino, we recommend our landlords replace like for like, but ultimately it is the owner’s property and therefore their choice of which type of floor coverings they install.

      Hope this was helpful.
      Vanessa

  • Lovisa Bray says:

    Hi. We are about to move out of our house that we have rented for 14 years. The clips on the base of the vertical blinds, on the sun side of the house have perished and most have broken off. The paint is also getting thin on a few corners from repeated cleaning before house inspections. Also there is a scuff mark on the wall behind the lounge where it appears the lounge has rubbed against the wall at sometime. I am reasonably certain that these items would all be fair wear and tear but the real estate has not been keen to spend money on repairs around the property and I am concerned they will go for a last cash grab. Are there any good resources you can recommend that I could access and use to plead our case if they do?
    Regards
    Lovisa

    • Vanessa Pereira says:

      Hi Lovisa, thanks for your questions. Without seeing these items first hand, it is difficult to assess in great detail. NCAT have a depreciation factor for blinds and if the same blinds have been in the property for 14 years, NCAT may say they are at the end of their life and put it down to ‘fair wear & tear’. With relation to the scuff mark, can you try to clean the area with a Chux Magic Eraser? Similarly, if the same paint have been on the walls for 14 years, this too may be ‘fair wear & tear’.
      Hope this helps – Vanessa

  • Ron says:

    Hello,
    I like to get your opinion for for these 2 scenarios with tenancy termination afer 6 yrs and 9 months:
    1) Vertical Blind 3.5m wide x 2m drop with 9 yrs approx age – the blind missing 4-5 slats and 2 broken hanger slats. tenant claimed hanger is brittle and the wind had flown away that missing slats. the unit is on level 4.
    2) localized carpet damage due to damp/mould – approx age 8 yrs – The damage is under tenant furniture against the wall that had not been moved for 6 yrs, the area is in living room and there is no visible sign from the outside of the furniture. this area is also behind a bathroom. Is tenant responsible for airing/ventilate this area?

    • Bec Reid says:

      Hi Ron, Thanks for your questions. Firstly, you may be right about blinds being old and being brittle. Without seeing the situation first hand, it is difficult to assess but I think you should make your stand as a ‘fair wear and tear’ issue. NCAT will have a depreciation factor for blinds. Suggest you call them if the Landlord insists on you paying for a replacement. Secondly, you have a building problem if there is mould behind or under your furniture. It appears that the shower is leaking through to the living room. Our opinion is that you should argue that it is not your problem and if there is damage to your furniture, you will claim compensation. Hope this helps, Bec Reid.

  • Garland says:

    Hi! we just left the apartment we were renting for 6 months because we found a better one. The problem is that we burnt a small portion of the carpet in our room, but the apartment is due for replacement of the carpet because of water leakage (but our room is not damage by water leakage). The carpet company says the insurance will cover only the part damaged by leakage. Is it possible to change the damage part except our room? if we didn’t burnt the carpet i believe they will still change the carpet in our room otherwise the carpet in our room will be different from the other room and living room. What can we do about it? thanks

    • Bec Reid says:

      Hi Garland, thanks for your question. If you damage the carpet then you are liable. Do you know how old the carpet
      is? See if you can work out a deal with the Landlord and take depreciation into account. NCAT has specific guidelines about depreciation of carpet. Give them a call and ask for the percentage once you know the age. All the best, Bec Reid

  • Rhys says:

    Hi Bec
    Just moved out. Got our final inspection
    – crack in a tile in the kitchen, would that be fare and tare? Wasn’t on the entry report.
    – apparently blown light bulb. Would that not be fare and tare ?
    We had damaged fly screens which would be accidentally damage

    • Bec Reid says:

      Hi Rhys, thanks for your questions. Firstly, did you crack the tile? If the tile cracked through pressure due to
      building movement or if it was poor workmanship, it is not your fault and the owner is responsible. If you struck it and cracked it, then it is your responsibility. Secondly, if you noted that all light bulbs were working at the start of the tenancy, then they should be working at the end. Hope this helps and all the best, Bec Reid

  • Riddhi Kore says:

    The property that we were occupying had a small paint patch that was present on one of the walls when we moved in. We vacated the property last week and after the final inspection the landlord has not release out bond and is considering that patch as damage. The pictures in the condition report are not clear and do not cover that area. Since the paint patch was very small and not quiet visible we do not have a picture of that area from when we moved in. Please advise what can be done in this situation

    • Bec Reid says:

      Hi Riddhi, this is a good warning to both Landlords and Tenants. Be sure at the start of the tenancy, every mark or patch is recorded. Photos should be of sufficient detail and quality to show every blemish. The written report is detailed and should support the photos. The tenant has the responsibility to check every item and to indicate any patches or marks. Then there is no dispute and both the Landlord and the Tenant are protected by the diligence of the Agent as well as their own diligence in checking everything. We suggest in this instance, you should ask the Agent, what is the cost of repair and come to some agreement. It is very hard to prove your case if you don’t have the evidence. We hope this helps. All the best, Bec Reid

  • Sarah says:

    Hello,
    I was just wondering what your opinion is on a very small cracked corner on a glass stovetop? the real estate agent is claiming it is damage and that the whole stove needs replacing. the crack in about 5 cm.

    • Bec Reid says:

      Hi Sarah, thanks for your question. How old is the stove top? How did the crack happen? Did you drop something heavy on it? By the sound of it, it could be considered accidental damage. However, dependent on the age of the stove top, you may be able to negotiate a depreciated amount for the replacement. All the best, Bec Reid.

  • Pris says:

    Hi. I only recently became a landlord. The property I purchased had tenants living there for 8 years. They decided to move on and on final inspection the agents found water damage on my floorboards from a pot plant that had been sitting there. The tenant refuses to give any compensation saying that the house is over 10 years old. The house is solidly built and the floating floorboards still look great. The agents who have been so incompetent said that the floor is over 7 years so its wear and tear. Surely someone keeping plants on wooden floors and watering indoors is not wear and tear? I just dont know what my rights are. The tenant also was running a business from my property and the agents never told me about this which to me is a breach in my contract. I would really appreciate some advice on this. Thank you

    • Bec Reid says:

      Hi Pris, thanks for your questions. Water damage from pot plants is NOT wear and tear but accidental damage to be paid by the tenant. John Pye properties have a specific clause in the additional back page of the tenancy agreement specifying that pot plants are not to be kept on the floor. Was this in the Tenancy Agreement for your property? We recommend that you instruct the agent to: 1) Withhold the bond and 2) Obtain a quote for the repair and then deduct this from the bond. Our experience with floating floors tells us that there is a large variety of product quality on the market. Do you have the original documentation/brochures about the floating flooring you had installed? If so, find out the expected life from the specification. Over the years, we have inspected cheap floors which have failed within 5 years. Yet other floors look good after 15 years or more. In your case, if there is a lot of wear and tear from normal foot traffic on the floor, then you might wish to allow some concession but if the floor is almost as good as new, we do not see a reason to discount your claim against the tenant.

      Your point about the business would only be valid if there were customers coming and going all day contributing to wear and tear. If the tenant was to run an on-line business from home with no extra wear and tear, then I see no reason why this would have to be reported to the landlord. If the business contributed to wear and tear, the tenant has a duty to disclose this at the start of the tenancy OR if the tenant decided to start such a business during the tenancy, then they should have asked for permission. We hope this helps. If your property is anywhere in Sydney and you are open to having us manage this property for you, feel free to call either John Pye (0414 914 268) or myself (0410 541 866) at anytime. All the best with this, Bec Reid

  • Jenna says:

    Hi,
    My family member with 3 children just vacated a house after tenancy of 5.5 years. The landlord claims the carpet was new at that time but I’m unsure if I believe this, certainly didn’t look it. There are 3-4 A4 size stains in the cream wool carpet (impossible to remove stains even if attended to immediately) after professional cleaning and the landlord is looking to take all her bond. We presume they they want to replace the carpet. Is this reasonable after this length of time in the house and with children (unsure if that’s taken into account)?

    • Bec Reid says:

      Hi Jenna, Thanks for your question. Wear and tear applies to carpet more so than any other part of any property. Over a 5 year period, normal wear and tear would become evident. During this period a landlord would have been able to claim a substantial depreciation for carpet. On the other hand, carpet should last at least 10 years and more depending on its quality. Look at your ingoing report and see what the report says about the carpet. Does it say that it is new at the commencement of the tenancy? If you didn’t question it at the time of signing the Tenancy Agreement, it is too late to question it now. I take it that your family members have stained the carpet and as such the Landlord may be entitled to receive some compensation. The big question is:- “How much is fair and reasonable?” It would be unreasonable to expect you to pay for the full replacement. I suggest you negotiate the amount taking into account depreciation of the carpet and if you think it is unreasonable, take it to the tribunal.

      Also, make sure you get a copy of the photograph showing the carpet with a rule beside the stain showing its extent. We hope this is helpful and all the best with your situation, Bec

  • Nalan Savut says:

    Hi, I have just moved into a new built rental property. My daughter tripped over the oven door and the glass broke. The oven is next to the fridge (thats where they can only fit) when you open the fridge door you cant see the oven door being opened. Hence why she tripped over the oven door. The glass shattered all over the floor. Is this claimed as an accidental damage? Do I pay to fix the oven door? Please need advice thank you.

    • Bec Reid says:

      Hi Nalan, Thanks for your question. Sadly it sounds like this is accidental damage and due to this, you will need to pay for it. All the best, Bec Reid

  • Kohia says:

    Hi,

    I have been renting out a room in our workers cottage and whilst there was a change over of tenants I went up and did a thorough clean. On vacuuming the carpet all was okay bar a small burn mark near the tile fire. At this stage there was only 2 backpackers staying on the premises and they stayed a couple of weeks then returned to stay some more. As we had another worker starting I went to the house to move some beds and make up the room with linen etc and I noticed a burn mark near the door on the carpet. When the one of the backpackers left I did an inspection and noticed black marks on the walls and removed $50,00 of their bond to cover washing linen, marks on the wall and the burn mark that neither of them would admit to putting there. I intend to take another $50.00 from the second backpacker when he leaves. Am I in the right or do I have to return all their bond back to them. They signed a contract on moving in that gives an outline of what they have in their room and what is expected when they leave.

    • Bec Reid says:

      Hi Kohia, thanks for your question. This however is outside of our understanding of the Residential Tenancy Act as your situation does not relate to a Tenancy Agreement on a dwelling/cottage but rather what appears to be a sub-letting or even a boarding type situation. However, we believe you need to rely on the contract which was signed. All the best, Bec Reid

  • Pulkit Malhotra says:

    Hi There

    I have just moved out of a rental unit which had a damaged tile in one of the rooms when I moved in. I had taken photos when I had moved in but somehow missed adding these details to the condition report. Also, the report was sent across after 7 days.

    Now the agent and the landlord are trying to claim the amount for the damaged tile from my bond money. Any help over here would be highly appreciated.

    • Bec Reid says:

      Hi Pulkit, In NSW the Residential Tenancy Act specifies that a condition report is to be signed by the landlord/agent at the time (or before) the tenancy agreement is signed. You don’t have a valid agreement as you received it 7 days after you signed the tenancy agreement. Once you show the agent your photo and advise them that the condition report is not valid, you have grounds for not contributing to the cost. We hope this helps, Bec Reid

  • Marlene says:

    Hi,

    I am a little frustrated over my oven door. Around May/June 2016 I advised my real estate that cracks had started opening in the walls of my rental property and that our oven door spring had broken. I was told to email pictures of the cracks which I did but we never actually got any response until our inspection in September that year. 1 day before the inspection I was unable to catch the oven door before it fell to the floor and shattered, I advised real estate of this as soon as she arrived. The Saturday of the same week, the owners father turned up early and un announced to see oven door. My 11 daughter was the only one up at the time, and told my husband and I after he left that the father swore and told her to tell your parents to get I fixed, $700 you tell them to get it fixed. Is this my responsibility to do even if I had advised real estate of this earlier in the year?

    • Bec Reid says:

      Hi Marlene, thanks for your question and comments. Firstly, do you have a copy of the email you sent to the agent regarding the oven door? If you can prove that a direct consequence of failure to repair the spring caused the door to fall and glass to shatter, there should be no problem in the owner paying for this repair. In other words, you firstly reported the problem, secondly the real estate agent failed to respond and the door broke as a direct result of the agent not reporting and acting on your behalf. Furthermore, in our own experience several years ago, we had an oven door suddenly smash without warning and the owner took full responsibility for its replacement. You would only be responsible if you caused malicious damage by kicking the glass in, or accidental damage by mishandling the door. If, at all times, you have handled the door with care, you would not be responsible for any damage. We hope this helps, all the best with your situation. Bec Reid

      • Marlene says:

        Hi Bec,

        Thank you so very much! Yes I do have a copy still and have again made contact with the real estate regarding issue. Owner will now be around Saturday to speak with me about this.

        Again thank you

        Marlene

  • Alan Hillsley says:

    Hi, my parents rental property has just been vacated and they decided you do an inspection and maintanence before putting in on the market. When they arrived ( they live 6 hours away ) they found holes in walls behind every door, door jambs damaged from the kicking in of doors, tiles in the bathroom floor that are missing the fireplace has all the tiles broken and the hearth tiles broken plus the fire bricks from inside the fireplace are missing. A window frame in one bedroom has been broken and bent and one of the panes has been replaced with perspex. The garden shed which was locked and contained maintenence equipment eg. Paint and spare tiles, carpet for the house has been broken into and everything stolen including the shelving. A section of cornie is missing and there are burn marks on the carpets and a cupboard from the kitchen is missing……The property was/is being managed by a local real estate agent who did not disclose any of this damage, i dont think they even knew. I dont know when the last inspection was. The condition is so bad my parents are considering having to move back into the house in order to fix the damage (they are both retired).
    What action should we take toward the tennent and or real estate and should this be covered by landlords insurance.

    • Bec Reid says:

      Hi Alan,

      We are so sorry to hear about this disappointing landlord experience. I am sure that it happens many times around Australia every week. I heard about another awful one just this last week. This time the owner was managing the property himself and the tenant disappeared and left damage and huge amounts of rubbish. TICA, a tenancy database claims that there are over 100,000 delinquent tenants in NSW. A reputable Real Estate Agency with a very precise service specification does not allow such things to occur.

      Some questions:

      Do you have a copy of the ingoing inspection report for these tenants? Is there photographic evidence? Our Agency does a written report as well as hundreds of photos. For example a 3 bedroom house may require 1200 photos so that evidence is complete. Every Landlord should ensure that this is done at the start. You are entitled to see this at the start of each tenancy.
      Periodical inspections – Have you received every periodical inspection report? The first should be done after 3 months and then at least six monthly. Some of the properties we manage, receive an inspection every 3 months throughout the history of the property. It all depends on the instructions received. Also, photos should be available for all inspections. Outgoing inspection OR Bond Inspection? Was this done?

      The procedure now is to:-

      Confront the Property Manager of the Real Estate Agency and insist on seeing copies of all the above reports. If all reports are available, and the evidence is that the damage was caused between the last periodical inspection and the outgoing inspection, then the agency has acted professionally. If there is no trail of documentation, the Agency could be negligent and has not acted in accordance with their Agency Agreement. If negligent, I suggest you contact the Department of Fair Trading and discuss the procedure to receive damages from the agency.

      Make sure you document the current condition of the property if the Agency has not done so. Suggest you take photographic evidence as well as comments. This must be done prior to any work in the property. Otherwise you will have no claim. Is the tenant willing to return to repair the damage? Probably not but at least put this question to the Property Manager.

      Claim the Bond – pursue the tenant for the cost of rectification of the damage –providing you have the evidence. If the tenant has disappeared, there is no point in doing this. The Agency should do this on your behalf.

      Select another Agency to take care of the property once all repairs are completed. This time closely monitor their management over the first 12 months at least. It may take a while for your confidence to be restored. If you are going to seek damages from the Agency for not acting according to your Agency Agreement, make sure you have a conversation with the Principal of the Agency outlining the items in the agreement which have been ignored.

      We hope this is helpful and wish you all the best! Bec

  • Sarah P says:

    Thanks Bec much appreciated 🙂

  • Sarah P says:

    Hi Bec,

    We have recently vacated a rental property after three years and our agent has come back and asked that we replace the venetian blinds in the bedroom (aluminium I think), as three of the slates are bent at the ends.

    I would consider this fair wear and tear and the blind still works and the damage wasn’t deliberate but was probably the result of us squeezing between the window and the bed.
    Thanks for your help, Sarah.

    • Bec Reid says:

      Hi Sarah, thanks for your question. On the face of this, we would agree with the agent and understand why they’ve asked you to replace the slats. Is it possible for you just to replace the bent ones only? We understand it was not deliberate, but “damage” covers both deliberate and accidental damage. Wear & Tear would cover such things as the wearing out of cords etc. However, there are some other aspects of the situation you may wish to explore. 1. Age – do you know how old the blinds are or when they were installed? Depending on the age, it is possible that the blinds have served far more than their expected life-span – a quick call to the Tenants Union of NSW or Dept of Fair Trading will give you an answer. 2. Is there any photographic proof to accompany the in-going inspection report, or any notation on the written inspection report? The agent has to provide you with proof that you bent them. We hope this helps, Bec

  • Stacey says:

    Good afternoon Bec – Last week Monday I handed back the keys for a rental property I was in for 4 years. All adequate notice was given all rent paid in advance and a professional cleaner $575 and a commercial carpet cleaner $250 along with some repairs or small holes scratches etc $650 completed by a building contractor etc all completed before I handed back the keys. I contacted the agent 4 times last week regarding my outgoing inspection which they hadn’t completed until Friday last week. They then claimed damages that were on the original condition report and photos so I refused and asked them to review the original report and the property photos for confirmation that these were not my damages. There is a chip on the edge of the laminate bench top immediately infront of the sink that has been present for the last 3 years and has been noted on my periodical inspections. The owner is now insisting I have this laminate bench top repaired at my own expense. Is this wear and tear due to the location of the chip ? Should I dispute at tribunal ?

    • Bec Reid says:

      Hi Stacey, thanks for your question. You haven’t indicated the size of the chip on the laminate bench-top, and we don’t know how old the bench-top is. If damage is reported on your in-going report, then it was there prior to you moving in. If the damage was not on the in-going inspection report, you could be help responsible. However, extremely minor damage could be considered to be wear & tear, however a big chip/chunk would be considered damage. We suggest you contact the Tenancy Union of NSW with specific information about the chip. All the best with your situation, Bec

  • Sarah says:

    Hi Bec,

    I moved into a furnished property 12 months ago and there was a near new blanket box in one of the bedrooms. The real estate has told me I am responsible for scratches (minor) to the top of the blanket box (which they believe are caused by my dog living inside). Is this considered fair wear and tear or am I responsible for this. I don’t understand how fair wear and tear applies to furnished properties. (There was no photos of the top of the blanket box in the entry condition report only a comment that it was near new). The scratches are not intentional or deep.

    Thanks,

    Sarah

    • Bec Reid says:

      Hi Sarah, thanks for your question. Accidental damage and malicious damage are always the responsibility of the Tenant. Wear and Tear is the responsibility of the Landlord. In our opinion all scratches within a 12 month period would be called damage (whether it be accidential or malicious) and not wear & tear. All the very best with your situation. Bec Reid

  • Basil says:

    Hi All,

    A shower screen glass door cracked during our tenancy. We do not know how but know it was accidental. It is the glass with wire in it. Some glaziers are saying it is phased out due to safety concerns, but we have found that it can still be purchased. We reported the damage to the property manager immediately, despite being in our 60 day notice to leave the property. The shower recess had two panels: one being the door and the other the return. The return had a crack in it prior to our entry and is noted on the condition report. We feel that this accidental damage incident has presented an opportunity for the landlord to remodel the bathroom to replace both craked panels creating a brand new shower recess.

    We feel that the age of the shower screen is a contributing factor as well as the crack in the other panel. We wish to argue that the shower screen is original to the construction of the house (being 20-30 years old) and as such has depreciated in value accordingly.

    Further more the property manager sent us the tax invoice where it stated “insurance excess $400”, but there was no proof of the insurance excess from an insurance claim. We are challenging this and going to court in February 2017. The property manager has admitted in the Hearing to the Registrar that the underlying tax invoice from the insurance company does not exist.

    We feel (but can’t prove) that the landlord has made an insurance claim for the entire shower screen glass recess, received the payout and then wants us to pay the excess: therby remodelling the bathroom without paying a cent. We feel there is more being claimed than the accidental damage during our tenancy. When challenged on this, the property manager has produced the glaziers tax invoice (which describes works only for the door), but dated after we filed the court action. He now wants us to pay the $1147.40 instead of the $400 excess. It is clear from the glazier’s tax invoice that the landlord has replaced the shower door glass with a completely diffeent type of safety glass (adding weight to our depreciation argument given he wants it to be replaced with a different glass type than was damaged). If he hasn’t replaced the other glass panel then he now has mismatching glass panels.

    1. Can a landlord ask tenants to pay more than what their insurance excess is?
    2. Can a property manager create a tax invoice for insurance excess in anticipation of receiving documentation from an insurance company?
    3. Have you heard of tenants succeeding in arguing depreciation of an asset that was accidentally damaged?

    • Bec Reid says:

      HI Basil, thanks for your questions and comment. Since you are going to the Tribunal in February, we would love to hear the result and outcome of the hearing. Could you post the result in this comment thread? All assets are depreciated and if the door is 20 to 30 years old and presumably been used several times a day over 20 to 30 years, it would have been opened and closed perhaps 25 thousand times. Seems to be fair wear and tear! We suggest you see if you can substantiate the age of the door and use this as evidence. Accidental damage of an item which has been used perhaps 25 thousand times would be treated differently from an item which has been used only 20 times. If a Landlord claims on Insurance as well as making a full claim against you, it would seem to be a situation of double dipping. Suggest you ask the Landlord for the reason for this. Good luck with it all, Bec Reid

  • Graham says:

    Hi,
    We have been renting a 2 bed unit in West Ryde for 6 months approx, on a 12 month lease. One evening my wife was in the kitchen and the cover over the light fixture fell, missing her by about 6 inches, and pieces broke off – it needed to be replaced. We hadn’t replaced the light or touched the fixture for this to happen. The real estate/landlord are now saying that this is our fault and isn’t considered wear and tear, and that we should pay the callout fee for the electrician of $187. I don’t have any photos that the light cover wasn’t correctly fitted prior to the incident, and I don’t think it would be listed on the condition report – though I will check this tonight. Thoughts? we don’t have any proof that we didn’t do this, but we think it’s unfair that we have to pay for the remediation.

    Thanks,

    • Bec Reid says:

      Hi Graham, thanks for your interesting question! Were you swinging off the light cover? 🙂 It certainly seems like it! If a light cover was to fall off without you doing anything, it is not your problem. We suggest you ask the Property Manager why they are blaming you. Remember, if you don’t get any satisfaction, you can always call the Department Manager or the Principal. It seems odd to me that you would be charged for a cover, unless you were doing gymnastics on the ceiling. Of course, we have not seen the property and can only rely on the comments you have made. All the best, John Pye

      • Graham says:

        Hi Bec,

        Thanks for your reply.

        Well, it isn’t our problem, but we have no proof we didn’t tamper with it. The electrician that attended the call certainly seemed to suggest we were at fault. I checked the new fixture that was installed, it has a screw either side to secure the cover – a change of design suggests there was an issue there to begin with. I think it was the Owner of the real estate I was speaking with – when I called back I got a different Property Manager, and agreed (reluctantly) to pay the $187. I figured the cost and time of getting the court involved would be too much, but I’ll be mindful of your comments in future.

        Thanks,

  • Joanne P says:

    Hello
    We have recently vacated a property after 3 years. We had some shelves and hooks on the walls that left some holes that needed patching. We patched and repainted with the paint supplied by the real estate but because it was new paint on old paint they are now expecting us to pay for the walls to be all professionaly painted. Seeing as house was not freshly painted when we moved in I dont think its fair we have to pay for the owners to now have a newly painted house.
    Not sure if its worth fighting though. Some advice would be great.

    • Bec Reid says:

      Hi Joanne, sorry for the late response and thank you for your question. Our advice to all tenants is don’t use hooks on a wall unless you are prepared to paint the wall at the end of the tenancy. If you do use hooks, always ask the agent/landlord for permission and undertake to paint at the time of vacating the property. It is important to put yourself in the Landlord’s shoes. These days, paint can be matched by the Paint suppliers. Thus don’t use the original paint as it won’t match, but take a small scrape of the current paint to the paint supplier and ask for an exact match. We hope this helps. Bec Reid

  • Kate says:

    Hi, we recently moved out of a flat after 2 years. When we first moved in – less than a week later – I opened one of the kitchen cupboard doors and it fell off in my hand. The landlord had it repaired at the time, but now we are trying to claim our deposit back he says that we broke it and wants us to pay £135. Surely the hinges must have been worn and this is fair wear and tear? Thanks.

    • Bec Reid says:

      Hi Kate, we are pleased to know that this post is reaching tenants and landlords in the U.K. Our suggestion about the kitchen cupboard doors falling off is as follows… If a kitchen is professionally installed, no door should fall off in “someones” hand.

      If you were climbing up on the bench and grabbed hold of the door and put undue pressure on it, you have caused accidental damage and you should pay to have it repaired. If it simply fell off into your hand by normal gentle use then there is something wrong with the hinges. They are obviously of very poor quality or were incorrectly fitted or the kitchen is extremely old and it is fair wear and tear. We doubt the latter as we are of the belief that old kitchens had top quality hinges. We also doubt whether it would cost 135 quid for a new hinge… unless your landlord insisted on gold plated hinges. Please understand that we have not inspected this kitchen and are making these comments based on the information supplied. All the best with this situation. Bec Reid

  • Kimberley Brown says:

    Hi, we recently vacated a property and have nothing but problems with the Landlord. They did expect the 30 yr old house to be exactly as it was upon us beginning the lease. 4 yrs later we left the property in great condition, so much so that they had a showing less than a week later. When we contacted them regarding the bond they stated a water mark on the bar needs to be fixed. When they were going to say something I don’t know? I don’t remember the water mark happening, I know it was there when we left so we definitely did it. Is this considered wear and tear?

    • Bec Reid says:

      Hi Kimberley, thanks for your question. It is actually impossible for us to comment on something like this which we can’t actually see. If a bar is a bar where you expect to be drinking alcohol, then why would the bar not be water resistant? Perhaps it is built of the wrong material? Usually a water mark would be damage and not wear and tear. However, I am sure there is always an exception… but I can’t tell whether your situation is the exception. All the best with your situation.

  • Courtney says:

    Hi!

    We are in the process of completing the exit condition report with our real estate. We have had the apartment cleaned by professional cleaners and the carpets completed. The real estate completed their inspection last week and provided a list of minor things they wished to have corrected. We paid additional money for the bond cleaners to come back out and rectify their issues however there were two issues that could not be rectified. There is a small amount of mould in the silicone in the shower that could not be removed and their are light peach porous tiles in the bathrooms which have discoloured through regular use. The discolouration is incredibly minor and only visible under artificial light. I am concerned that they are no going to request we replace the silicone and they have mentioned arranging for an acid wash of the tiles however when I have researched these appear to be issues caused by the nature of the property. The mould due to the lack of natural ventilation in the room (it is in the centre of the house with a small silent exhaust fan) and the tiles discolouring due to the quality and nature of the tiles selected. Are we liable to pay for what they have requested? Thank you for your advice

    • Bec Reid says:

      Hi Courteney, This is a difficult question to answer as we do not know the property. I suggest you make your very best case to the Property Manager and point out the limitations in the natural ventilation and your attempt at cleaning. We hope this helps, Bec Reid

  • Shae says:

    Hi there i have been renting the house im currently in for 11months now and the floor boards in the house are so weak you can see under the house. I currently stood on a floor board and my foot went through which also broke the top of my foot is that considered as an accident because now my family are walking on egg shells incase another board brakes can the landlord take that out of our bond money knowing it wasn’t our fault that the floors are not strong enough.

    • Bec Reid says:

      Hi Shae, Thanks for your question. You have given us a picture that you are living in a house with rotten or white ant ridden floor boards. It appears to us that the property is unsafe and could result in injury. You are not at fault in such a house. You actually need immediate help – you need to immediately ask the Property Manager or owner to inspect the property, and ask that repairs are made to the floor boards so that you have a safe property to live in. If this doesn’t get a response, seek advice from the Dept of Fair Trading or lodge a complaint on Fair Trading’s free tenancy complaint service – Fair Trading’s free tenancy complaint service on http://www.tenants.org.au All the best with your situation, Bec Reid

  • Rachel says:

    Hi,

    I am moving out of my rental my daughter and I have lived here for 6 years. I was wondering if you have been in a place longer than 5 years is wear and tear considered likely? With carpets and walls (main areas of concern)

    • Bec Reid says:

      Hi Rachel, Thanks for your question. Wear and tear will certainly be a factor over a long period of time such as 6 years. Generally carpets last between 10 and 15 years. Painting is generally recommended every 10 to 15 years as well. There is no hard and fast rule. It depends on the quality of the carpet and paint and the number of people living in the property. However, don’t use wear and tear as an excuse for dirt. Be sure to leave the property in a very clean condition. We hope this helps.

  • Beau says:

    Hello, I am so pleased I came across this site and read all the queries & replies. I have rented same house in Qld for nearly 15 years, same owner but he has had the house with 3 different agents over the years. I know everyone says they left their property better than when entered but in my case this is true. The original condition report stated how bad and unkept were the gardens, the bad state of pool equipment, all fly screens had holes or marks, walls and carpets all marked, as were the inside of wardrobes etc. Most windows had shabby or torn curtains and the then real estate agents updated entry condition report to say tenant had installed their own new curtains within 2 days of commencing tenancy. Also stated on condition report house had not been cleaned and charged $150 from previous tenants bond. Now when I try to query with RTA what is deemed as fair wear and tear for such a long tenancy (15 years) they dont have any reasonable answers. I gave 3 weeks notice even though it should only have been 2 weeks. The agent from 2012 to now said to make sure house was clean, pool clean, gardens weeded, remove all curtains and “new” tracks as owner didnt want these. I had house and carpet professionally cleaned and pest control done. Even put a new toilet seat/lid on toilet as the original one seemed too old to leave on. Rent paid up to midnight of 1st and due to hand keys in that afternoon, agent phoned me 3.30pm on Wed 31st Aug to ask when was I going to hand keys in as owner wanted to look thru property before he left to go overseas 2pm on 1st. I said I was bringing keys back about 3pm, she said nicely I didnt have to bring keys back until 5pm as rent was paid up until then and that it was owners problem, he could see house when he gets back. I went back to house on Thurs 1st to do a final check to make sure all was ok and noticed someone had been there as a sign was now over letterbox slot saying “No junk mail etc” but also the “unlocked” chain around the gates was lying on ground. I asked neighbour and he said about 5.30pm being 2 hours after I left the day before a man came to the property (the description fitted the owner who lived 2 streets away). He obviously disobeyed the agent by entering the property without permission and I told her that when I handed keys back at 1.45pm instead of later. She said she would check property next day (Fri) and let me know. She phoned me 4.45pm on Mon to say she just checked and found a few things missed that needed doing and all would be good to release bond. I picked keys up next day and went to house and did the 6 small things she said and took keys back. She said the owner sent her an email and was not happy about 2 palm trees in backyard, this proves he was on the property as by time I handed keys in he was heading overseas. He also stated the inside of house would need repainting and claimed he had put new curtains in house prior to me moving in. The condition report stated totally different to this. I phoned RTA again and they said tree lopping is major and owners responsability. Now the agent has disputed the bond and I am in a deadlock where I am waiting their 3 way phone call but can see this ending up in a tribunal case. It appears the owner is wanting me to pay for this and that so he has a newly painted house to rent out at my cost. There was so much maintenance that need doing as house was deteriorating more over the years and 2nd agent noted much and 3rd agent much more, but 3rd agent was unaware of all the problems prior. Now here is the weird part, if the owner was so unhappy with the way I looked after his house why over the years did he agree to minimal rent increases and no increases in the bond after 2nd year. 1st year $310×4=$1240, 2nd year $320 so $40 extra paid to bond board, now after all these years rent was to go up from $460 to $480 in Oct but mentioned no additional bond required to be paid, still held as $1280.
    I know this is a very long message but just trying to cover the most important stuff. Agent is totally peed off but says she has to represent owner, but where are the tenants rights also as the owner has lied so much. The agent should have signed off on the bond as I did what she requested and she agreed even saying “If I didnt get my bond back, she would eat her hat”. I think she was just trying to put me off until owner got back on 23rd. Now he has gone thru property and picking more faults. I lodged Bond Claim on Mon 5th Sept as advised by RTA. It is now 29th Sept.
    Can you advise my situation re fair wear and tear and bond refund

    • Bec Reid says:

      Hi Beau, thanks for your question and comments. We are only familiar with NSW laws in tenancy matters. Hence, we are unable to comment on your particular situation. However our wise advice in any dispute is that each party must be able to prove their point of view on the basis of the facts of the matter and the supporting evidence. You can do this on the record of photographs, reports, emails and phone calls and associated notes. As well, you need to know the relevant law and the responsibilities and obligations of both tenants and landlords when it comes to fair wear and tear or damage issues. If you have done all of the above and you are unable to come to a fair settlement, you need an arbitrator to settle the matter at a Tribunal. We hope this helps, Bec Reid

  • Michelle says:

    Hi there,
    Thank you so much for taking the time to reply to all of us!

    I’m in need of a little advice too please. We are being taken to court for some very small chips in the kitchen bench after vacating. The property manager made us go back and do some extra cleaning that she wasn’t happy with and we were only happy to do so. She gave us a list and we completed it. In an email she asked us to do extra things that weren’t on the list and we as genuine people did them too even though they weren’t o there. We handed the keys back for a second time and she said everything was great after that final inspection together. The next day we recieved an email saying the owners want $200 compensation for the bench. We said said no we do not agree to this and now we are getting taken to court for this amount. Are they allowed to claim for this even though she said everything was great? We handed the keys back 1 week earlier on a Tuesday and the Friday following we had to pick the keys up to complete the list. Monday we returned them and had the final inspection together that day. The next day Tuesday is then when she mentioned the owners want money for the bench even though she stated everything was great.
    The bench is very old and everything is in immaculate condition. She couldn’t fault us for anything as we did everything perfectly for her. The owner now wants to sell the house and then that’s when we got asked for $200. I’m happy to go to court because if I have to pay the $200 so be it but why not fight it. My husband and I are fair people and believe in doing the right by others and ourselves.
    Again thank you and I look forward to any advice you may have 🙂

    • Bec Reid says:

      Hi Michelle, thanks for your comments and question. Sometimes this does happen where a landlord or agent goes back to the property and discovers some extra item which wasn’t noticed the first time. Of course, the landlord is entitled to do this. Did you damage the bench yourselves or could the bench mark be seen as ‘fair wear and tear’? Do you know how old the bench is? Are you aware of the costs the owner will incur to go to the Tribunal? Perhaps their insurance policy will take care of the costs. However, it seems strange that someone would go to the Tribunal over $200 when the costs would probably exceed that amount. The other issue is the quantum of compensation claimed – the $200. For the landlord to claim this, they have to have some proof of repair costs. Did they show you a quotation for repair? It is not possible to just claim an arbitrary amount at a tribunal without justification. Have you already put your claim in for the bond? A tenant or a landlord (through agent) can send the claim form to the Rental Bond Board. We hope this helps, Bec Reid

  • Tess says:

    Hello, we’re having an issue with our property manager after our final inspection . She is stating that the property is not up to standard when we have literally cleaned it top to bottom . we feel she is being completely unreasonable about it. She is saying she will need to hire someone to get it up to their standard and take it out of our bond . We have had the carpets steam cleaned but she is saying they are still not clean enough?? Also she came to see the property on Tuesday (two days ago) whilst we were there and we handed back in the keys to her office later that day . She has
    Since gone and viewed the property yesterday and someone (possibly herself?) has ripped the screen door off its hinges . Now she saw that this was not damaged when we were there on Tuesday and clearly happened after we had handed back the keys but is still trying to charge us for the damage . Please give
    Me some advice I’m going mad !!

    • Bec Reid says:

      Hi Tess, this is an excellent question as it shows that both Landlord’s agent and tenant have failed to use the most important reference point there is – the evidence of the ingoing inspection report and photographs.

      We recognise that not all Real Estate Agencies have the same standards when it comes to final inspections. Our own agency is ultra careful! Tenants also have different standards as well. However, it matters not so much on standards but using the ingoing inspection report as well as any photographs as the only reference point to the final condition of the property at the end of the tenancy.

      Go through each point of the ingoing report and objectively look at the condition at the end versus the beginning. Is there damage or is it normal there wear and tear? Is it as clean as it was at the commencement?

      If this matter was to go to a Tribunal, the Member would compare the two reports and make his decision on them and not on the opinions or expectations of either the Agent or the Tenant. In summary, evidence is what counts… not opinions.

      As far as the shower screen is concerned it is difficult for us to express an opinion without seeing a photo of the actual screen. Old screens are usually problematic and some will fall apart on touch. Is it 15 years old or more? The question is whether it is wear and tear or accidental damage. Did it fall off frequently while you were living in the property?

      It is now a matter of you and the landlord (through the agent) coming to an agreement. Make a list of the points where there is disagreement and look at the evidence of the ingoing reports. Only by using the evidence can you prove your points.

      By the way, John Pye Real Estate takes between 350 and 1000 (depending on the size of the property) photographs at the start of every tenancy. Photographs are taken of every square metre as well as all items and equipment. Such evidence is valuable at the end of each tenancy. If in the future, your agent doesn’t do this, you could take your own as a record. We hope this helps.

  • Patty says:

    Hello 🙂

    I have brought a house a few years ago and just recently i have noticed my vinyl flooring in the bathroom has lifted ( only in the shower part, since the shower part of the bathroom is integrated to the floor ( for wheelchair access i am guessing) all the corners and near the drainage has lifted up also from the walls where it connects to the white paneling for the “shower walls” ,i now also hear a hissing sound in one of the walls here and there….just not all the time. also the other walls seem to be getting wet somehow….. There is nothing wrong with the roof either. Would this be covered by insurance? cheers Patty

    • Bec Reid says:

      Hi Patty, thanks for your question. It may or may not be covered, you need to speak with your insurance company. Your bathroom should be investigated by a Builder or Bathroom renovator asap. Vinyl flooring is not a suitable floor covering for a bathroom so you may need to renovate the bathroom. Water leaking from the shower will damage your walls. Urgent attention required here. Hope this helps, Bec Reid

  • Rinzin says:

    Hi there,
    I have been living in a one bedroom apartment for over 7 years. My wooden floor ( probably the cheapest wooden floor) has a mark of wear and tear from last 7 years of use. I am planning to stay in my apartment until i buy my own house. The floor makes my apartment look really dirty. Can i ask my landlord to install a new floor? Or am i responsible to change the floor? Please advise. Thank you.

    • Bec Reid says:

      Hi Rinzin,

      Thanks for your question, but it doesn’t clarify the details about the timber floor. Is it genuine timber? Is it stained or does it have a polyurethane finish? Is it a ‘floating floor’ using a timber veneer or laminate? Was the floor new when you moved in? Generally speaking a tenant would only be responsible to replace a floor should they have damaged it severely by scratching. Your question makes clear that this is not the case and that it is a wear and tear issue. Depending on the timber and the finish, the wear & tear may differ dramatically. A floor should last much longer than 7 years but if the quality of the finish is poor or the material is a cheap one, it may last a lot less. If you have a good relationship with the Landlord and he/she understands that it was of cheap quality, at the time of the next inspection, I suggest you discuss the issue and ask for a solution. If you have a Landlord who likes everything looking good, he may agree. Alternatively, could the floor be sanded or painted? Always discuss situations such as this with your Landlord. We hope this helps, Bec Reid.

  • Matt says:

    Hi, glad Im not alone one this.
    I have recently vacated a property, there was some damage to a wall that had been fixed, however the colour match paint dried a little dark. We used the same paint over picture hook holes (which was agreed). I received an email last night stating that the lower floor needs to be completely repainted because of this. The house was only one year old when we moved in, with white walls. We lived there for almost 2 years and maintained the property well. I never went to them when there was damage, I paid for and fixed it myself.
    Landlord is happy to go halves (I need to pay $1000), which I feel is a little unfair as this is purely aesthetic and would only require a touch up with the correct colour paint. Am I within my rights to dispute this?

    • Bec Reid says:

      Thanks for your question Matt. Firstly, how were the walls damaged? For the purpose of this answer, we have assumed that you were the ones who created the damage. If this assumption is incorrect, please advise us as our response will then be different. Aesthetic issues, especially in an almost new home are of high importance to a Landlord as this aspect is one of several characteristics of a property which determine rent or sale value. Hence, tenants have the responsibility to maintain the aesthetic standard of a home subject to fair wear and tear.

      For your information it is next to impossible to match up paints from original paint –if that is what you used. However, if you were to scrape off a small fragment of the existing wall paint and take it to a Paint supplier, the exact colour could be matched. Then the wall would not look ‘patchy’. Did you do this?

      A tenant should be given the opportunity to rectify any damage if a Landlord so requires. If you decided you did not want to go back to do this, then it is important to work out the monetary compensation with the Landlord. However, this should be a fair and reasonable and not some inflated amount. We recently had a professional painter paint and fill approximately 10 cracks in a house which was going onto the market for sale. He charged $616. So, I am not sure why the job would cost $2000. Suggest you find out why. All the best, Bec Reid

  • Edwina says:

    Hoping you can help.

    We have recently had tenants vacate a property (yesterday). When we asked the agent today when the inspection would be completed, they told us it was already done and they had signed the bond release forms. They did not contact us prior to doing this, and did not provide the inspection report, can this be done?

    There are two badly cracked sliding doors at the property, which the agent claims are not the tenants responsibility. Apparently there were two small stone chips on the doors at commencement of the tenancy. We were not aware of this, and we’re not provided photos.

    Is the agent required to consult us regarding final inspection? The property has recently been sold through another agent, and we have found them very difficult to deal with recently.

    We have had previous issues with the agent/tenant asking us to pay for accidental damage.

    • Bec Reid says:

      Hi Edwina, thanks for your comments and questions.

      Firstly, the Agent does not have to contact you to accompany them to do this final inspection. However, if your agency agreement had a special condition specifying that you would be notified of all final inspections, then you would be covered. In our own Real Estate practice, we always offer a Landlord the opportunity to accompany our Property Managers when they do inspections. If you can provide evidence that the agent was negligent in their assessment that the bond could be released, then you may have a case to take the Agent to the Tribunal and claim any loss or damages against the Agent.

      Secondly, regarding the cracked doors, it would most likely be the sign of damage rather than wear and tear. This could be either malicious or accidental. I would be surprised if an agent could prove that it resulted from a couple of chips. Suggest you talk to a Glazier or Building Inspector. Did the Agent mark the ingoing inspection report as such? If not, there is no proof that it was chipped at all.

      Thirdly were the doors cracked at the time the Buyer inspected the property prior to exchange of contracts? If so, ask your Solicitor whether you are obliged to rectify the damaged doors. Please understand that this advice is general as we have not inspected this property. We hope this helps, Bec Reid

  • cody says:

    Hi there im hoping you can help
    Im currently renting a place and have been in it for over 12 months
    Theres been no deliberate damage done to the place but over time paint has flaked off the edges (corners) of the walls leaving missing paint
    Also i have put up baby gates to prevent my 1 year old leaving the room with out my supervision as babys have a habbit of moving so fast and you cant always have your eyes on them i have taken down the gates todays to clean up a food spill and noticed a small amoumt of paint had come off with it no holes just a flake of paint roughly 2 cm long is this classed as wear and tear or am i liable to repaint the house .also ive had it come to my attention that i should of taken photos when moving in and i hadnt the same as the owner (landlord ) a few things where put into a condition report but no photos where taken by him a few things have come noticable to me like faint stains that wernt done by me on the carpet you can only see in certain light how would i go about defending myself as a Tennant without previous proof

    • Bec Reid says:

      Hi Cody, Thanks for your question. You and your landlord will have to rely 100% on the Condition Report as neither you nor your landlord have any photos. The Condition Report is your proof and is accepted at Tribunal hearings. Peeling paint sounds like fair wear and tear. Depending on the quality of the paint and the workmanship it would be fairly normal for paint to peal after some years if conditions are moist such is in bathrooms, kitchens and laundry’s. In other rooms, peeling paint is a reflection on poor quality paintwork. As far as your baby gates are concerned, the flaking could be considered to be damage. However, since paint is flaking all over the house, you could easily claim that it is poor workmanship, unless it is obvious by the shape of the mark from the baby gate. We hope this helps, Bec Reid

  • Rebecca says:

    Hi
    I am currently renting an apartment (not looking to move out anytime soon) but noticed 2 cracked tiles in the kitchen (there is an impact mark and believe it was someone that house sat for me )which my property manager advised me I would have to get fixed, which I understand. I have done this but the new grout is a slightly different colour from the original grout and there is a small nick in a nearby tile from the tiler removing cracked tiles. Is this going to be an issue for me when the time comes that I move out?

    • Bec Reid says:

      Hi Rebecca, thanks for your question. It really depends on how close the new grout is to the old grout and the size of the nick on the original tile. We recommend you get your property manager to inspect and write a letter (or email) to you as to whether they will accept the current condition of the tiling. A letter will give you peace of mind. You would then file this letter and show it to the person who does the final inspection after you eventually move out. We hope this helps, Bec

  • Levinia Seca says:

    I can see this post is still monitored.
    I have rented this property since 2004, just over 12years.
    The property was built in 1999; built using cheap as fittings etc in all areas of the duplex.
    A situation has occurred when the hand held shower has accidentally fallen, after a shower, and onto the ceramic soap holder tile causing the soap holder to smash in half (rendering it un-repairable).
    The R/E advised “this was not any fault/neglect of the owner this will have to be fixed at your cost”.
    I would understand that if it were malicious damage, but it was a genuine accident. The soap holder was becoming porous, at 17+ years since manufacture date.
    If it were a 40-50year old ceramic soap holder and a razor was accidentally dropped on it, breaking it, would the tenant have to pay for the cost of repair given its age.

    A guestimate cost has been indicated at around $140 for R/R of the soap holder.

    Is the tenant responsible for the cost of repair in this case ?
    Considering I have been a great long-term tenant and never had any issues with routine property inspections, with the exception of one gas stove hob ring.

    • Bec Reid says:

      Hi Levinia, thanks for your question. This is considered to be accidental damage by the tenant and as such, in our opinion, would be a tenant liability. Unless, there is someway of proving that theceramic soap holder had suffered normal wear and tear. We just can’t see a way you could prove this. We hope this helps, Bec

      • Leviniaa Seco says:

        Thanks Bec
        I have priced a soap holder similar to the original one for $20. That said, $120 seems alot for labour for essentially a half hour repair job including adhesives/grout.
        I don’t see how I could prove the result of the shower rose falling and hitting the soap holder causing it to break as wear and tear.

        Damn, I should have kept the broken pieces to show the glossiness of the ceramic had faded/crazed. That may have shown significant wear and tear.

        Thanks for the reply.

        • Bec Reid says:

          You are welcome Leviniaa. Remember with tradespeople, there is always a minimum they charge even if it is a 15-30min job. All the best, Bec Reid

  • Jodie says:

    Hi,
    I have two small children and they have put dents in one of the bedrooms with their toys. Our lease ends soon and this is the only thing I am really worried about as I have been a perfect tenant apart from this problem. I am worried if I tell the real estate it will affect my good record. So my question is should I try and fix this myself before the end of the lease or tell the real estate and have their Maitenance people fix it?

    • Bec Reid says:

      Hi Jodie,
      Thanks for your question.
      We recommend you repair the damage prior to the final inspection. We are sure your real estate agent would be willing to recommend a painter. However you may prefer to research a name of a local painter instead and have them do the work providing the wall is returned to original condition. We don’t see a reason why you would need to report it. Bec

  • SK says:

    Hello. Not sure if this blog and thread is still active but hoping you can help. I’ve been renting property for over 5 years and planning to move soon. The last inspection was done 2 years ago. The sofa provided (purportedly leather) had started to peel and before the inspection I had put that info in an email to the agent and also pointed it during inspection. I did not get any acknowledgement from the agent that it was issue so assumed that it was not a problem. There have no inspections since then (other than a property valuation one which was done on short notice and when I wasn’t present). The sofa has continued to feel and crack over the past 2 years even though I have been careful while using it. I have hardly sat on the sofa in the last 1.5 years. In my view the peeling and cracking is fair wear and tear, but have not found anything in the NSW Act that discusses furniture. I was wondering if in in your experience you have had to deal with wear and tear in furnished apartments and would the sofa be fair wear and tear? Thank you.

    • Bec Reid says:

      Hi SK, this appears to be fair wear and tear. The sofa is probably made out of fake leather and we suggest you document the wear and tear by photographing the sofa and email the photos to the agent. The agent is required to inspect the property at least once a year for the landlord. Any possible claim by the landlord would have to be documented by an invoice of the sofa. It appears to us that the sofa could actually be quite old and therefore we don’t believe the landlord could have any claim at all due to normal depreciation. We hope this helps, Bec

  • shane outram says:

    Hi i recently vacated a house i lived in for 2 yrs on entering the lease agreement i stated clearly that the house walls floor cupboards windows screens shower toilet were not clean and quiet dirty the lawns were not mowed i even recomened in condition report walls needed painting and doors needing fixing , the agent says we did a poor job in cleaning even though it is in better condition now then what it was when i first moved i even hired a lawn mover guy to come do lawns but even that was said to have been done poorly and are trying to charge me $600 for cleaning cost there are cracks in the walls from the house moving and a cracked fixed class panel as a resalt i took photos before i left , the agent sent me pics and there are discrepancies in there pics for instance in there pics the oven isnt clean but our pics show oven clean ,there pics have no time stamps our do ,whats u think

    • Bec Reid says:

      Hi Shane, thanks for your question. Based on the details you have provided, it appears to us that you do have a case. It is a matter of comparing the Ingoing Report and photography against the Outgoing Report and photography – it is all a question of evidence. You are entitled to claim all your bond providing your evidence is correct. If you are in NSW, you may have to go to the NCAT Tribunal to prove your case. Bec

  • bomi says:

    Hi
    i am getting my rent bond back and agent wants to check cracked tub.
    who’s responsibility for cracked bathtub for repairing
    landlord or tenant???

    • Bec Reid says:

      Hi Bomi, thanks for your question. This is a question of whether the crack was caused by negligence or wear and tear. How did the crack appear? If there was some impact or some huge weight which caused the crack, then you are responsible and at fault. If it appeared one day without any reason through normal use, it could be considered to be a faulty or poor quality bathtub. Bec

  • Nikita says:

    Hi
    We had a privacy door lock on our bathroom, which now has parts missing and will not lock. Our agent is calming this as wear and tear however the door handle was brand new when leased out 18months ago. Is it fair the handle is replaced at the cost of the Tenant?

    • Bec Reid says:

      Hi Nikita, thanks for your question. Did you buy the cheapest product available? There are many poor quality and cheap imported locks and handles on the market. It comes down to whether there was some impact damage or just normal usage. This is a difficult one to prove as it would be difficult to know whether a tenant mishandled the usage of the privacy lock. If it went to the Tribunal we would suspect that it would be ruled in favour of the tenant. On the other hand, if you had bought an expensive and good quality privacy lock there should be a warranty. In this case, we recommend you contact the manufacturer or retailer/wholesaler. Any decent manufacturer would stand by their product. A good quality privacy lock should really last 10 years or so. Bec

  • Sharon says:

    Hi there,

    We lived in the apartment for 2.5 years. They did renovate before we moved in but not sure the extent of the reno. There are 2 tiny chips on the kitchen tiles from wear and tear and they are asking us to pay $200 towards it from our bond. Does that count as wear and tear as it’s from things being dropped and just serious wear and tear. These cracks are so tiny!

    Sharon

    • Bec Reid says:

      Hi Sharon, thanks for your question. We assume you are talking about ceramic floor tiles. Chips on tiles sounds like impact damage caused by items falling to the floor. On the other hand, it is possible that the tiles were not laid correctly. We would not be able to comment further due to not knowing more information about the quality of the workmanship or quality of the tiles. Bec

  • Jo McGregor says:

    Hi we are vacating a property after 6.5 years. Our property manager is saying we need to pay for small chip on tile it has been there for at least 5 years. The also say I need to have carpets professional cleaned. Is the case. We have had at lest 20 property managers in the 6.5 years and no inspections for the last 18 months.

    • Bec Reid says:

      Hi Jo, thanks for your question. Have you had pets in the property? If you haven’t there is no legal requirement to have the floor professionally cleaned. Regarding the tile chip, it appears that it was caused by impact damage and you would be responsible. Do you recall how it was caused? On the other hand, if it was caused by bad workmanship you may have a case. Bec

  • Yuxuan says:

    Hi, I’m just wondering if the swelling up of the wooden cabinet door underneath the sink in the bathroom (so cracks existed when moved in but only slightly, as time goes by, during the 4 months stay, more and more water is absorbed into the wooden crack and cause the cracks increase in size and the top part of the door swelled up slightly as a result) is wear and tear or damaged that is responsible for tenants to fix (owner said will deduct money from bond). The door is still works fine like normal but not as pretty as before we moved into the place. Does the house owner have the right to ask us to pay for this matter?
    Thank you.

    • Bec Reid says:

      Hi Yuxuan, thanks for your question. A tenant has the responsibility to report any issue which could cause a landlord extra expense if not repaired. Did you report the moisture leak in the vanity unit and request a repair? If you didn’t you could be held liable. If you did report it and the landlord failed to repair it, then the owner failed to prevent additional damage and is responsible. Bec

  • Chet says:

    Hi, When I moved in I asked the agent/landlord to put up some picture hooks (multiple times). He refused and told me to use a 3M sticky hook. Now I’m vacating – removing the sticky hook has pulled some paint off the wall (about the size of a 50c piece, very noticeable!).

    Will I be expected to pay for this to be fixed – as he is the one who refused to give me a real hook and told me to use the sticky hook???

    Thanks

    • Hi Chet – We recommend you discuss this with your property manager if he recommended you use the 3M hooks. In normal circumstances the tenant would be responsible to fix the damage from any hooks.

  • Vijay says:

    Hi Vanessa

    We have been asked to compensate for the benchtop discoluration and to remove oil marks on the garage floor. In terms of discolouration it very mild and its about a pan size. In terms of oil marks, we had marks before we moved in but coz of two years of driving the car over the marks those marks have dirt accumulated on them and look black.

    Are these appropriate requests? How do I find out whats tenants rights?

    • Hi Vijay – Yes the oil marks need to be cleaned. If there were marks at the start, we recommend you clean it to bring it back to the condition as when you moved in.

      With relation to the benchtop, what caused the discolouration? Is it a result of damage or wear & tear?

      Vanessa

  • Ian says:

    Hi Vanessa,

    I have been renting this townhouse for 2 years and the townhouse itself probably about 5 years old. I accidentally damage the cooktop glass. I found out that my home and content insurance doesn’t cover fiture and fixtings, and the property manager also said that the landlord insurance also doesn’t cover it as I am willing to pay for the access. I don’t mind paying the cost to replace the cooktop glass. My question is would I be liable to pay the whole cost considering the depreciation of the value of the cooktop?

  • Cara says:

    Hi Vanessa

    I’m moving out of an apartment that had new, cream-colored carpet when we moved in.

    We rent directly from the landlord. They are now claiming they will need the whole carpet replaced because after 3 years there is high traffic wear in the the bedroom and study, and 2 small stains (ie coin-sized) in the loungeroom. Their argument is that the carpet was new when we moved in.

    We are prepared to go to tribunal over their claims re the high traffic wear, but we’re unsure if small stains through normal use are wear and tear. We paid for professional carpet cleaners at the end of the lease and it didn’t remove them.

    Are we likely to be responsible for the full cost of replacing the loungeroom carpet?

    • Hi Cara – in our opinion, traffic wear is considered wear & tear no matter how old the carpet is. Stains are considered damage. You could offer compensation for the stains considering how much of the carpet is stained and then the owner can decide whether to replace the carpet or not.

      Hope this helps,
      Vanessa

  • Mellissa says:

    Hi, my partner and I are the first tenants to live in this new apartment and after 2years of living here we are now vacating. There are a few marks on the walls where paint has chipped away, easily enough to be fixed however just wanting to know if this is covered as ware & tear as some of which was hard to avoid.. Example: my bangles hitting the door frame when turning off lights (causing paint to chip)

    There is what I would consider accidental damage, as I spilt nail polish on the carpet. Its not obvious, unless pointed out but you can see it. What is my rights as a tenant? Being a new property are they allowed to take out of my bond the full amount to get the carpets replaced.

    Hope you can help shed some light for me..

    Thanks

    • Hi Mellissa – Have you discussed this with your property manager? As the property is 2 years old, it is our opinion that you are responsible for paying some compensation towards the carpet if you damaged it with nail polish. We recommend you discuss this with your property manager as you may be able to come to an agreement with the landlord on a sum of money for this.

      With relation to the chipped paint, it depends on how bad the damage is. In our opinion, bangles hitting the door frame when turning lights off isn’t wear & tear.

      Hope this helps,
      Vanessa

  • Shreejana says:

    Hi Venessa,
    I moved into new property 3 weeks ago. it was supposed to be renovated kitchen and it fell off today. I have rang RS & they are in the process of repairing it . All the plates, glasses & bottles i had in the cupboards are broken along with half of my pantry. Can I ask my landlord to pay for the damage??
    Thanks !!

    • Hi Shreejana – we recommend you discuss this with your agent. You may be able to claim some compensation. Alternatively, you could speak to your contents insurer and see if you can put a claim in.

  • Faithe says:

    Hi Vanessa
    My daughter (16years old) was cooking in the oven griller, left the door closed therefore a fire broke out. Luckily it only damaged the oven. The oven is 25 years old if not more. The owners are expecting me to replace the oven with a new oven and cover all costs, the electrician and the handyman. Do I have to pay for this?
    thanks
    Faith

    • Hi Faithe – In our opinion you would be responsible for the damage, however you may be able to negotiate a compensation amount rather than the full amount. We recommend you discuss this with your property manager. Vanessa

  • Nathan says:

    Hi Vanessa
    ive just moved out of a place after 2 1/2 years and now the RS wants money for cleaning oven that i agree to, but its the other things like cleaning cupboard doors (they wont show proof), cleaning broken aircons (broken my whole tendency, still wont show proof) and damage to softwood floorboards (slight dots from a carpet protector that pushed spikes through the rug i had to protect the floor, the damage is nothing to the massive wear and tare to the rest of the floors and i did grind the spikes down, the dots are less then the rest of the floor damage wise).
    now i mostly just want things dropped so i haven’t said anything but i was thinking of claiming rent for the broken aircons that they claim they work, i can prove they dont if i can get in there and test them and record it. i dont want to threaten (lack of a better word) with this, they broke allot of promises about fixing the place up.

    we are at a standstill now, should i warn them that ill claim rent back ($10/wk for ea AC and the $10/wk rent rise (they didn’t fulfill their end of the rise) and $10/wk for a room they said they would carpet but decided not to after i moved in) and hope they back down or take this to the rta?

    • Hi Nathan – I would suggest you meet the property manager at the property to go through the claims as the evidence for or against will be right in front of you. If you are unable to resolve it, then the next step would be to apply to tribunal.

  • Amanda says:

    Hi there,

    Just wondering if there is any specific legislation stating how often the carpets should be replaced in a rental or a time frame for when they would devalue down to $0.00. Are we within our rights to ask the real estate when the carpets were last replaced?

    Kind Regards,

    Amanda

    • Hi Amanda, there is no specific legislation and we have experienced that each tribunal member has a different perception as to the time frame. You can certainly ask your property manager when the carpets were replaced but if you have any concern as to whether there is a claim or not we recommend you discuss this with your property manager.

      Vanessa

  • Stewart says:

    We are just about to move out of a property which had old paintwork which was cracked and flaking in places. I accidently made the decision to place a removeable decal that we had used in our last property without issues, however this time it has pulled off a patch of the cracking paint.
    It is our responsibility to fix this considering it was by accident and the pain was bad?

    • Hi Stewart – In our opinion this would be accidental damage however we recommend you discuss this with your property manager as the condition of the paintwork may be taken into consideration. Rather than paint the whole wall, you may be able to offer compensation. Vanessa

  • Heidi says:

    Hi there, I have just moved out of a property that had ‘timber’ floor covering (floating floor not proper hardwood floors). I lived in the property for 12 months and there are some marks on the floor where my lounge and bed were sitting. No excessive scratches, just indent marks from the furniture sitting on the floor. Is this considered wear and tear? I had placed squares of cardboard under my lounge to avoid marks but they still occurred. To me this was fairly unavoidable damage however the realestate are asking for compensation. What are your thoughts? Also we put a small dent in the garage door, how should I work out how much compensation to offer? Thank you

    • Hi Heidi – In our opinion this is considered accidental damage. We had a similar case with floating floor boards and the landlord and tenant came to an agreement for the tenant to pay compensation for the damage. With the garage door, you could find out the cost to replace the door then consider the amount of damage and come up with an agreeable figure. Vanessa

  • Sarah says:

    Hi Vanessa

    We have just moved out of a property after 3 years. The kitchen was newly fitted before we moved in. The agent is now asking that the grout in the floor tiles be restore to it’s original colour. Ie the same as the patch under the fridge where there has been no use. Is this a reasonable request?

    Thanks

    • Hi Sarah,

      With all situations, fair wear & tear has to be considered. Some people’s perception of ‘fair’ can differ also. Is the discolouration significant? Can it be cleaned again by a professional to a satisfactory colour? It is unlikely after 3 years that it can be restored to original colour as kitchens are high traffic areas but perhaps a professional could get it close.

      Vanessa

      Vanessa

  • Phil says:

    Hi the timber frames and carpet around the bathroom entrance are damaged caused by the leakage from the showers. Since the shower booth has no door on it and literally is right next to the entrance, residual water along the surface eventually wets the frames and the carpet just outside the bathroom. Because of this I have installed a curtain and a bathmat but still doesn’t help much. Please consider the following factors:
    1. I made formal writing with a condition photo of the damaged area as soon as I found this out to the agent and made them aware. However they replied that this is a common issue in the whole apartment therefore nothing could be done about it at that present time (So here they pretty much accepts the inevitable nature of the issue I believe?). This took place early this year and the condition pretty much stays the same now or a bit worse as the parts are continuously getting damaged but slowly.
    2. Despite the very efforts made (installing the curtain and bathmat with my own cost, and informing the agent whatever necessary for further action taken if needed) I believe this is a structural dampness that caused the damage and the essential nature of having the shower which inevitably made the leak leading to the damage would not constitute a negligent nor irresponsible act from my perspective.
    Considering these factors would I be made responsible for the costs to get this fixed? Just recently an agent came over and had this looked and took some photos of it. A little worried now…Kind advice would be very appreciated.

    • Hi Phil – In reading your description of the issue, it sounds like the damage is being caused as a result of the design of the shower. In our opinion this would be considered a repair & maintenance item. It is good that you have reported it and we would recommend you continue to dialogue with your property manager if the issue worsens.

  • jacquie says:

    Ive recently vacated a property and the real estate agent has contacted me stating that there are chips in the bath and a chip on the bathroom basin. I never used the bath except for the plastic washing basket and as for the basin i noticed the chip in the top layer about halfway through the tenancy but not sure how it got there, is this just under general wear and tear?

    • Hi Jacquie – It is possible that it could be considered wear & tear, however assuming the bath and basin are porcelain, force would be required to chip it in which case it may be argued as damage. If you didn’t use the bath, do you have any evidence of the chips being in the bath at the beginning of your tenancy? Photographic evidence as well as the condition report notes will be what the condition of the property is compared to ~ Vanessa.

  • Kelly says:

    Hi Vanessa.

    We will be moving out of our rental property within the next few weeks, we think the rental agency will pull us up on 3 tiny paint peel from 2 separate walls, measuring about 1.5cm each, but still there is noticeable paint missing, it just happened as we knocked things against the wall over the past year I guess. Are we liable? If we are…
    How is it best to try & fix this now? We don’t know what colour paint has been used, so we just paint a little over the small area that’s missing paint? We don’t want to get stuck with a huge bill to paint the entire wall. What would you abvise?

    Also there is a crack in one of the bedroom doors that is down to us, shall we get it replaced before we do the final inspection? So we try to fix the paint work before the inspection too?

    Thanks

    • Hi Kelly,

      If the sections where the paint is peeling is as a result of knocking things against the wall, yes you would be liable to repair the damage. If you don’t know the exact colour of the paint currently on the wall, if you just paint over a small section it will be quite noticeable. The best way to repair the wall is to patch the cracks with a product like this and then paint the whole wall. If you get a handyman to do this it may be cheaper than a painter and they would also be able to match the colour of the other walls in the room. You may like to discuss this with your property manager and get their recommendation also.

      With relation to the door, can it be repaired or do you need to replace the door?

      Repairing these items before your final inspection may speed up the process of having your bond returned, however we do recommend discussing this with your property manager.

      Hope this helps,
      Vanessa

  • Shirley says:

    Hi,
    I will be vacating a property after being there for a few years. I have a problem with the white enamel cooktop. When I moved it it was clean & white. Now It has burnt marks around cooking elements. I tried cleaning it without scratching it but it didn’t work. Do you know what I can do? Anyone that you can recommend to help me clean? If not, do I have to pay for a new cooktop from my bond?

  • Monika says:

    Moved into a brand new unit 12 months ago. Owners and agent always appreciated care provided. Upon vacating agent pointed out bench stain. I engaged installers to remove stain but agent was not satisfied with the result and called services of other provider for 5x the initial price… I was informed that my agent tends to organise hideously charging trades, multiple of the market prices. RTA did not work. Now agent calls for QCAT.
    I know I did not do it, it could be faulty stone?
    Stain is not noticeable due to the bench’ s characteristics- like a marble.
    Can fair wear and tear prevail. The bench is not scratch , not chipped , not broken. New tenant already stained it…

  • Wei says:

    Hi Vanessa,

    After 2 years in the property, I have move out and had the whole house cleaned. After the agent and owner had their inspection, they say the whole house is in good condition except for small area on the floor that need repaired which I agree and paid. I have also got the wall painted where there had been scratches. I got a sample of the paint and went to Bunnings to get the paint. Now they are saying that the patches that have been painted look different and have got a professional painter in to quote a repaint which cost $950. I have requested for a detailed quote from the property manager but she say she just had a general quote that doesn’t detailed what needs to be done. Can I dispute this request to pay for a re paint? Thank you.

    Wei

    • Hi Wei,

      Yes you can dispute it, however we recommend you negotiate this with your property manager. If you’re not happy with the outcome, then the best idea is to apply to Tribunal.

      Vanessa

    • Erin says:

      Hello Wei,
      How did you go with your wall painting case? We had very similar issue where landlord wants us to pay $900 for bad patch up work we did ourselves.

  • tia says:

    hi. moved into an old house 5 years ago … we are pretty reasonable and going too be cleaning and leaving the place too my best ability, how ever there is a few chips and etc in my wall and door frames and land lord wants me too paint the whole thing, the door frame is a bit chipped very noticiable but easily fixable but wants me too sand the whole thing off (heaps of layers of paint) and repaint it? Am i obliged too or should i fix it my way and take before and after pictures of everything?

    • Hi Tia,

      You’ll be required to leave the property in the same condition giving consideration to fair wear & tear. If there are parts of the wall and door frames that are chipped, we would recommend you patch them and re-paint.

      Vanessa

  • Vanessa says:

    Hi Vanessa, thank you for your advice. We are in dispute with our landlord as we could not agree on an amount we should pay for some minor damage to paint and carpets when we vacated the property. We have both made a claim for refund of bond money and are awaiting the next step. We have actually left Australia and are now living overseas. Will we be able to carry on using email or is there a hearing that one needs to appear in person? Thanks again, Vanessa

    • Hi Vanessa,

      Claiming for refund of bond money is separate to tribunal. If you have claimed the bond, then the agent will receive a notice to say they have 14 days to apply to tribunal otherwise the bond is released. If the agent applies to tribunal then you will receive a notice of hearing. You have to be present at the hearing, however with you being overseas they may agree to you having someone represent you – this would need to be discussed with the tribunal though prior to the hearing.

      Vanessa

  • Sue says:

    Hi,
    Just after some advice.
    We currently rent a home with a glass induction cooktop. I accidently knocked the edge with a saucepan and chipped it (small 5mm chip). We advised the landlord as were happy to pay any insurance excess to have this fixed. They have put it back on us telling us the owners insurance won’t cover this and they want it either repaired or cooktop replaced.
    We’ve had to source help with this. We’ve found out a new cooktop of same model will cost $3500 to replace it, or the glass itself will cost $850 approx. to replace.
    We think this is excessive for such a small chip (the cooktop is still in working order).
    Do we have any rights as tenants in this situation?
    Should we be advised if the Owners insurance doesn’t cover certain things so we can make a conscience decision to take out cover ourself if we can, as now we’re in a position of a lot of money to repair accidental damage?
    Any help/advice would be appreciated.
    Thanks

    • Hi Sue,

      This is an interesting question. As it is such a large sum of money, we suggest you discuss this with either the tenancy & advocacy service in your area or the fair trading (or equivalent).

      Vanessa

  • Heidi says:

    the owners of the property we have handed our keys back for are wanting us to repair two very light scratches in a black stone kitchen bench. no longer than 2 cms in length. we didn’t even know they existed. the agent did a final inspection without us present at a time that didn’t suit us and took a photo of it. the owner expects it to be repaired or the whole kitchen bench replaced. this to us is wear and tear on a kitchen bench workplace. no intentional damage was done. what are your thoughts?

    • Hi Heidi,

      It could be considered accidental damage because of the nature of it. How old is the bench top? There are companies that repair stone bench tops and it may be worthwhile asking their advice on whether it can be repaired or not. In our opinion it is not reasonable to expect you to replace the whole bench top if it’s just two small scratches in one spot. Coming to an agreement for compensation may be a better option.

      Vanessa

  • Michelle says:

    Hi, I’ve had some posters attached to my wall with tape. I know this was a bad idea and yes I’ll be more careful in the future 🙂 I’ve left a chip of paint about the size of a 5c piece on my cupboard door. The cupboard is painted the same colour as the rest of the room. In addition, although there are no other chips on the cupboard, the door is in poor condition, doesn’t have a handle, and is coming off at the hinges. Realistically the owner would probably replace the cupboard doors in future before bothering to paint them again. There are also lots of other marks on the walls that weren’t caused by me. My solution is to attempt to colour match the paint and offer to paint either the spot I left or paint the whole cupboard, but no more of the room. I would let the landlord choose the colour before proceeding. Is this a reasonable solution?

    • Hi Michelle,

      It is reasonable to offer to paint the spot on the cupboard. You shouldn’t be responsible to paint the whole room if the damage was not caused by you. You should only have to rectify damage that happened whilst you lived in the property.

      Vanessa

  • kevin says:

    Hi i just finished living in a house for 2 years and in the kitchen the splash back has a normal mirror there which crack due to heat they are trying to say that it was our fault and we need to replace it please help

  • Vanessa says:

    Hello from one Vanessa to another, we have recently vacated a property that was brand new when we moved in. We have been renting it for just over 4 years. There were stains on 2 carpets and some scrapes and marks on the walls. The landlord wants us to pay $1500 for half the cost of replacing the carpets and repainting the walls. Is this fair? How are decisions made by the tribunal if we decide to contest? Thank you in advance

    • Hi Vanessa,

      From our experience, tribunal makes decisions based on the depreciated value of the fixture & fitting. They would take into consideration the age and how much the carpet and paint has depreciated over the 4 years that you lived in the property.

      Things to consider when negotiating compensation: Was the carpet in reasonable condition minus fair wair & tear everywhere except the two stains? How big were the stains? Is the landlord painting all walls or just the walls that were damaged? We recommend you negotiate a price that both parties are happy with that covers replacement of carpet where the damage was and painting the damaged walls. Because fair wear & tear needs to be taken into consideration, it is unlikely that you would be liable to pay half-share of the cost to replace the whole property’s carpet and a full re-paint unless the damage you are referring to was throughout the property.

      I hope this helps,
      Vanessa

  • sharni says:

    Hi I just got my final inspection list of things that need to be done. and one of them was chips in some of the tiles in the kitchen there wee already a few throught the house which is noted in the property conditions report and a few more have come up since we have been there would this be classed as wear and tear? also the lawns have patches in them and the real estate said it needs to be re instated to the original condition it was given to us? what are your thoughts?

    • Hi Sharni,

      It is possible that the tiles have become chipped due to wear and tear, particularly if there were some chips already when you moved in. However it depends on the nature of the chips.

      The lawn would definitely need to be reinstated to the original condition.

      Vanessa

  • Karyn says:

    Hi,
    I have moved out of a rental property. The kitchen bench is bamboo (not sealed)and there are two small marks where a bottle has leaked onto the bench. I have tried unsuccessfully to remove the marks which are barely visible. Is this fair wear and tear?
    If not would I be responsible for having the whole bench replaced ?
    Thanks
    Karyn

    • Hi Karen,

      We would consider this to be damage. However it’s unlikely that you’d be responsible to pay for the whole bench. We recommend offering an amount as compensation rather than paying for the replacement.

      Vanessa

  • Kylie says:

    Hi Vanessa,
    The blinds were in the property when I moved in, when we moved in. The plastic that were attached to the rods was broken, but I was told by the property manager that the whole blinds in 3 rooms needed replacing and that I was up for some of this cost as she stated that when I moved in all the blinds worked. As I said I have a stat dec from the carpet cleaner stating that when he was in the property (4 days after I handed the keys in) that he saw no crack. What can I say to my property manager when I get given the final bond chargers. Also how many days do I have to wait until I receive the paperwork for the release of my bond as I haven’t as yet.

    • Hi Kylie,

      If you don’t receive your paperwork within 14 days you can apply to the bond board yourself requesting your bond be released. The bond board will then notify the agent that you have claimed the bond.

      Vanessa

  • kylie says:

    Also forgot to mention that the laundry trough was plastic and was not even attached to the wall f I r the whole of my tenancy.
    I been told that the owner is going to buy a new trough and new timber blind and owner will pay a portion toward the cost.i asked for photos of the trough but was told none were taken. Are these cost fair or should i objected to them

  • kylie says:

    Hi
    I have moved out of my rental that I was in just 4 days short of 6 yrs,my property manager did her final inspection had rang me to tell me that the timber blinds needed replacing as they were not in working order also the owner then when into the house after the property manager and had his workmen there and then i get told that the laundry trough has a crack in there and water was flooding out something i failed to noticed the week before when i was cleaning the house. I also have a witness that who there Cleaning the carpets again (as property manager said they weren’t up to her standards) as he states the the trough didn’t have crack in ( he is writing a stat dec saying that there wasn’t a crack in the trough) and that was 4 days after i handed the keys in.

    • Hi Kylie,

      Thanks for your comment.

      Were the blinds working during the tenancy? If not, had you notified your property manager that they were not working properly? Unless there is evidence that you caused damage to the blinds, it could be considered as fair wear & tear particularly if the blinds were there before you lived there for 6 years.

      Normal use of a laundry trough would not generally cause a crack and the fact that trades people had been into the property then it could be questioned how the crack got there.

      Vanessa

  • Christian says:

    Hi, just moved out of a rental and I’ve been accused of painting a number of items, obviously I didn’t do these. How do I respond to the agent when they try to make me replace a door because I have apparently painted it??

    • Hi Christian,

      You will need evidence to prove that you did not paint it, otherwise it will be your word against the agent’s. Evidence can include photos, video and the property condition report which forms part of your tenancy agreement. If you don’t have any photos, ask the agent if they have photos to prove their belief that you did paint it.

      Hope this helps,
      Vanessa

  • BG says:

    Hi, we moved into a brand new apartment in July last year. Our lease finishes in July this year and we will be moving out. A few weeks back, we impacted the carpet from a bed wetting accident. It wasn’t directly on the carpet as there was a camper mat down but urine went through. Since then we have had professionals out to clean it spending over $500. There is no smell and no stain from the urine but there is a larger patch, than the urine impacted area, that is now lighter from where it has been cleaned. We decided to clean all the carpets to see if this would remove the contrast and although it did somewhat, you can still notice it. Problem is you only notice it under certain light. We have called the professionals out to have another look and they are reluctant to do anything with dye as they could make it darker and given you can only see it under certain light – if you stare at it that is – they think it might be overkill. What I want to know is, given the apartment was brand new when we moved in 12 months ago, could we be hit with replacing the entire carpet because of this patch which is now lighter?

    • Hi BG,

      It really depends on how noticeable it is. They could ask you to replace the carpet in that room or perhaps just a section of the carpet, rather than the whole apartment’s carpet. If you haven’t already, we would recommend you discuss this with your property manager now before it comes time for you to vacate.

      Vanessa

  • Vin says:

    Hi,
    We’ve recently moved out of what was a brand new 2 bedroom apartment. I handed the keys back on 28th March and the agent wasnt happy with colouring on two walls because of where the beds were so i agreed to pay for the two walls to be repainted. The agent was actually handing the keys to a new agent as the landlord doesnt want to keep with who was our landlord. She called me this morning as i was waiting for the bond to be released and said that the new agent had seen chippngs on the ends of the worktop bench – is this wear and tear? Also its now been nearly two weeks since i handed the keys back as building management were dealing wiht the paint work with my agent – am i liable for replacing this work bench or do i have the right to say i dont know where this is from especially as other popele have had access to the apartment. Im also concerned that it was agreed at the end of lease that it was just the two walls that needed doing to which i agreed too. Any help would be much appreciated. Thanks.

    • Hi Vin,

      If you don’t believe you caused the damage to the bench and other people have had access to the property it would be difficult to prove that you had caused the damage. Has a new tenant moved in?

      Vanessa

  • Sasha says:

    hi,
    i accidentally let an iron fall when it was on and now there’s a mark on the carpet. how much do you think ill have to pay???

    Please help

    • Hi Sasha,

      I can’t give you a price on this, because it will depend on how much of the carpet needs replacing. We recommend you contact a carpet repair person and they can give you a more accurate price.

      Vanessa

  • susan says:

    Hi Vanessa ,

    A small area of our bedroom wall came off when we were moving our bed. As the bed’s head ismade of leader it got a bit stuck and pulled a bit of the paint the size of a tennis ball. We did some patch work using the original wall paint. The color of the patch work however was slightly lighter and our landloard was not happy about it and wants us to paint the whole wall. Do you think we should be paying for that?

    Thanks,
    Susan

  • michelle says:

    hi
    we have had to move out after 1 year. there are a couple of very large outside tiles chipped on the edge – they are not cracked or damaged otherwise. the chips are not large. The owners want to replace 5 no. tiles in full and charge us half the replacment cost. (the owner built and tiled the house himself btw!) – it is wise to dispute this/ We dont know how it happened, hadn’t noticed the chips (and had reported all other damage etc. during our 12 months there very proactively. The chips were not notified to us at the final vacate inspection, but were brought to our attentino afterwards after the owners had been invited round independently for their own inspection. any chance you can reply today??

  • Manisha says:

    Hi Vanessa,

    Our carpets were pure wool and looked virtually brand new even though they are 10 years old. The tenant has caused pulls and tears to the carpet, we think from a pet. It is estimated to cost us 3000 dollars to replace as it can’t be patched especially up the stairs. How much would it be fair to ask our tenant for to fix the damage.

    Thanks,
    Manisha

    • Hi Manisha,

      Thanks for your comment.

      Our experience at Tribunal has been that carpet 10 years and older is depreciated to almost a nil value so without specific evidence it may be difficult to claim from the tenant. We’d recommend discussing the cost with the tenant and see if they agree that they caused the damage. If they do, then negotiate an amount that both parties are happy with. You could start at the total replacement cost and negotiate down to a mutually agreeable amount, however if the tenant disagrees and does not want to pay any money it’s important to bear in mind that if it ended up in Tribunal there may not be a strong case due to the age of the carpet.

      Vanessa

  • Meesh says:

    Hi. Our oven handle door has broken off and one of the slot/mounts that the handle end slots into is cracked. Will this be considered wear and tear or damage? Many Thanks

    • Hi Meesh,

      We would consider this as fair wear and tear. If you are still living in the property, we’d recommend you report it to your agent as soon as possible and they should arrive it to be repaired.

      Vanessa

  • Vikas Bhu says:

    Hi Venessa,

    Thank you very much for your response. I spoke with my old agent and they said if you are facing this situation then they can give referance because I was renting under them for 5.5 years out of 7 years. Now, How VCAT / NCAT will take if there are no inspections done in past 3 years and no repairing done. I have a feeling landloard will try to snatch some money out of that bond. If I say no exausts in the bathroom and kitchen, Windows never opened in the master bedroom living room for first, mould in the bathroom 5.5 years and obviously the paint will go off in that period of time. Do you think he can ask for bond money for these problems or damages (bathroom moulded, livingroom paint is going off which is attached to kitchen, master badroom paint is going off)?

    You already answered my most of my questions but that is the situation with house right now.

    Kind Regards,

    Vikas

    • Hi Vikas,

      VCAT will take into consideration that there have not been any inspections for 3 years, but this is not your fault so the landlord won’t look very good when you tell VCAT that.

      Good luck and let me know how you go.

      Vanessa

  • Vikas Bhu says:

    Hi Vanessa,

    We are planing to move out from our current property and we renting that house from last 7 years. I use to be with agent then landloard decided manage property by himself. Now, situation is absolutly no damage on the property just normal wear and tear. Garden is looking way better than we moved in. I took care of the property very well. I paid my rent alway 5 to 10 days before the due date. Now landloard id giving bad refrances to my applications because he doen’t want me to move ASAP. How do I sort out this problem. I am also worried about the bond. There is no visit done by landloard or agent in last 3 years. I had several issues with properties when I moved in. Like bathroom is moulded no exaust fan in the kitchen for 5 years. He fixed this issues after 2 years but temporarly. I got no idea what to do. Any suggestion how to deal with this situation.

    • Hi Vikas,

      Thanks for your comment. I see two challenges in your situation.

      I would recommend you prove to a new agent that you can pay your rent on time (show them a ledger) and that you have sufficient funds to continue paying the rent (bank statement). With relation to the condition of the property, can you give the previous agent’s details to the new agent? It may be a long time ago but they could still be able to give you a reference? Tell the new agent that the property is now managed by the owner themselves and they don’t want you to leave but you need to for whatever your reason is. They may then understand the reasons the owner is giving you a bad reference.

      The bond is a separate issue. The only way to settle a bond dispute if one arises is to compare the condition of the property based on the ingoing inspection report. If you can’t come to an agreement, you can apply to NCAT – NSW Civil and Administrative Tribunal, who will assist you in coming to an agreement.

      Hope this helps,
      Vanessa

  • Alex T says:

    Hi Vanessa,

    I recently moved out of a brand new apartment in which I lived for 12 months. After the final inspection there were a few issues raised. No.1 All lights were cleaned except for the Balcony light $80. No.2 On the apartment door there is a mark that has taken off the top layer of paint probably 2cm x 4cm $242. No.3. The corking in the shower calcium build up and the sealant had a slight tinge of pink in it $320 for replacement. No.4. The plastic soap holder on the shower pole was cracked, $240 for a new shower pole/ head (it was one of the detachable shower house ones). Anyway being a 21 year old guy I decided that I would refuse to pay the $882 out of a $2500 bond. Anyway know i’m off to VCAT next week.

    What’s your opinion on the following claims by the Landlord/ Agent?

    • Hi Alex,

      That is a considerable amount of money! The key point here is did the agent give you an opportunity to return to the property to rectify the issues before getting a professional to do it and charging you?

      Vanessa

  • Michael H says:

    Good day Vanessa,

    We live in QLD and have just vacated a house after 8 years. There are a number of issues that were raised in the exit report. (3 pages) most to do with minor cleaning which I have done. The main issues come from scuff marks on the walls, discoloration/stains in the varnish of some metal blinds, bug marks on the ceiling (we have tried to clean but the paint is coming off as we rub), de-limination of the carpet in one of the bedrooms, holes in the rubber backing of the curtains, and the old oil/dirt stain on the garage floor. Question is, Is this all a reason to hold our bond??

    • Hi Michael,

      In our opinion, some of these items would be considered as fair wear and tear, but it’d be important to discuss these with your agent and compare the property to the ingoing condition report.

  • Daya says:

    Hi Vanessa,

    We have just moved out of a prental property that had worn carpet when we moved in. When we left, we had the carpet professionally cleaned and provided a receipt when we handed in the keys.

    The inspection was done by the PM 5 days later and she stated that there was a stain on the carpet the owner wasnt happy with and we needed to have the carpet recleaned.

    We went to the place and found a stain that wasnt there when we moved out. Still got the carpet recleaned but the stain didnt fully come out. While we were there, we found out that the owner had gone through the house several times with tradies before the final inspection was carried out and had already gotten quotes to have the carpet replaced before the final inspection.

    What are our rights, since this is feeling like a scam from the owner to have us pay for her wanting new carpet.

    Daya

    • Hi Daya,

      It is our opinion that when the owner of a property enters the property and commences instructing trades people to do work at the property, the owner has taken possession back of the property. If no one had entered the property to start making improvements, then the owner has the option to dispute the carpet.

      Hope this helps,
      Vanessa

  • Alana says:

    Hi Vanessa.
    We have just moved out of a property and the agent is saying we have damaged the following
    – hot pot accidentally put on laminate surface which has now bubbled agent has advised we are responsible for the cost to replace the whole bench laminate
    – front door had no door stopper on the wall and the door jam has made a dent in the wall agent is saying we are liable for the repair of this
    – wallpaper in kitchen has discoloration and stains – I believe this is from general cooking conditions in the kitchen – agent says we have to pay cost for this to be replaced
    Can you advise if we are liable for these costs ?
    Thanks

    • Hi Alana,

      Bench top: If the section of the laminate can’t be repaired or replaced, then there is a high likelihood that you would need to pay for a full replacement.
      Front door: In our opinion there is a fine line between damage and wear and tear because there was no door stop. Perhaps you could negotiate to pay half?
      Kitchen wallpaper: To determine liability, it would depend on the age of the wallpaper and how badly stained it is. Without seeing the extent of the discoloration and stains, it is hard to give you an answer.

      Vanessa

  • Marika says:

    Hi there
    I have recently moved out if a rental. The owners had floorboards in this house.
    There were some dents from furniture legs ( 2-3 cm in length)
    And then a few random slightly deeper than surface scratches. The owner has had a quote for $900 to fix it. It’s not vis able to the eye unless your close!
    Surely I don’t need to pay this? I offered part payment but it was rejected.

    • Hi Marika,

      It would depend if the floor boards were freshly sanded & polished before you moved in.

      We suggest getting a second quote, as you should be given the opportunity to rectify it yourself. You don’t necessarily need to use the owner’s preferred tradesperson.

      Vanessa

  • nikita says:

    Hi Vanessa
    As a tenant, I accidentally burned a small area of carpet with a curling iron. I repaired the patch of carpet, however the landlord still noticed, and now expects me to pay to have the whole room recarpeted. This seems very unfair. I’m happy to pay for a professional to repair the carpet patch, but he is demanding that I pay for the entire room. Is he allowed to demand this, or is it unreasonable?
    Thanks
    Nikita

    • Hi Nikita,

      An option could be to negotiate with the owner that you will pay for a professional repair and if he wants to get the whole room carpeted, he can pay the balance of new carpet. In our opinion a professional repair would be sufficient (provided they can easily match the carpet).

      Vanessa

  • Eric says:

    Hello, I am renting in Ontario and am renting the basement of an apartment. There is cheap rug installed and there are little pieces of rug that get loose all the time. ONe day iwas vacuuming and the vacuum caught a piece of rug and pulled like a 12 foot piece of rug out in a second. Now i have a huge streak running down about 2 feet from the wall. I am wondering if I should be worried about this or if this is considered accidental damage as I totally had no control and was just trying to vacuum and stay clean. I also took pictures of the carpet tangeld up in my vacuum the moment it happened.

  • Rebecca says:

    Hi Vanessa,

    We’ve just moved out of a rental in QLD after 6 months. The house had fairly new looking carpet downstairs that showed sign of fluffing (small patched where the carpet looked pull/tugged at by something, leaving slightly fluffy patches) around the door way and walk areas. When we moved out last month we discovered that our reclining chair had made a new area of “fluffing” carpet.

    Because of ex-housemate issues we had to lodge the bond claim before final inspection (we returned the keys and exit report on the last day of our lease) so by the time our real estate agent got back to us about the carpet our dispute over the bond with the ex housemates had already begun so our agent has filed a dispute with the RTA against us for payment from the bond (we’re currently having issues about being over-charged for rent that will probably need to be sorted in small claims court too, so we’ve been advised to no longer talk to her and just wait until the RTA gets involved.)

    Our issue is that when she photographed it, she also took photo’s of the prior wear on the carpet I mentioned earlier and is claiming we did it. Will this effect her claim? Does she even have a claim (Can it be seen as normal wear and tear)?

    Thanks,
    Rebecca

    • Hi Rebecca,

      Assuming there is photographic evidence of the condition of the carpet before you moved in, it would be a good idea to compare the photos to the original photos to prove you didn’t cause all the fluffing to the carpet.

      Vanessa

  • sharon says:

    just moved out of a rental property, landlord is wanting to charge me to replace steel front door because of several small dents. should I have to pay full price for a door that is over 10 years old on a house

    • Hi Sharon,

      Do you know how the dents appeared on the door? It would depend on whether the dents were caused by damage or wear and tear and it’s difficult to determine this without knowing how the dents appeared.

      Vanessa

  • sharon says:

    Hi Vanessa,
    I just moved out of a rental house….landlord is wanting to charge me for a new steel front door because of some dents on the inside of it..Should I have to pay the price for a new door when the door on the house is over 10 years old. Please help

    • Hi Sharon,

      It depends on what caused the damage. If it is malicious damage, yes the tenant would be responsible to pay for a new door. If it is accidental damage then it would need to be negotiated. If there is clear evidence that it is wear and tear then it may not be the tenant’s responsibility.

      Vanessa

  • Michael says:

    Hi Vanessa,

    I’m vacating a rental property after 6 years and the landlord wants me to pay for the replacements of the plastic blinds. Some of the corners have been bend as this is where you open the windows. I would say this damage is caused by normal wear and tear, or does he have a case? If he does have a case, I’m I only liable for the remaining life of the blinds (say the total life is 10 years, so I would ony have to pay 4/10 of it)?

    • Hi Michael,

      If no accidental damage or malicious damage has been caused to the blinds, then it is most likely fair wear and tear. IF the landlord can prove the damage was your fault, then the value of the blinds would most likely be depreciated down to 4/10th of their replacement price as they only have 4 years left of “life” according to most Tribunal’s.

      Vanessa

  • Carmel says:

    Hi Vanessa,
    They want full compensation for the re-finishing of the room aprox $650

  • Carmel says:

    Hi Vanessa,
    I’ve been renting an older renovated house for the last 2 years.
    In one of the rooms castors from furniture have left several patches of dents (not very deep) where the castors were. All heavy furniture had carpet squares laid under so as to avoid damage to the floorboards but this didn’t prevent the denting.
    The agent has told me that this is not wear and tear – with no further explanation but others have told me it is.
    Is this wear and tear or are we liable for the repair of the floor?

    • Hi Carmel,

      In our opinion this would be accidental damage and would be the tenant’s responsibility to fix it.

      Have the agents given you an indication of what they want you to do to fix it?

      Vanessa

  • Kirsty says:

    Hi I’m in a rental property and the floorboards have buckled and come up in a few places,were unaware of how this happened, will we be required to pay the cost?

  • Sharon says:

    Hi Venessa,

    I am not sure how it happened. I was at the rental property the other day conducting home open as my current tenant is vacating the property today. I will be doing the final inspection with the tenant and not sure if I should bring it up as a accidental damage or wear and tear. And if it is accidental damage how to I charge them? I will probably have to replace the lamination for the whole bench but they only made a few damage.

    Please advice.

    Thanks
    Sharon

    • Hi Sharon,

      If you decide to replace the full bench, compare the cost of the full bench to how much of it was damaged by the tenant. You may decide that 50% is their responsibility, or even 25%.

      Vanessa

  • Sharon says:

    Hi Venessa,

    The house has a laminated kitchen benchtop. A couple of bits of the lamination has come off around the corner, about the size of a tumb around 5-10mm. I was wondering if this would be consider wear and tear.

    Thanks
    Sharon

    • Hi Sharon,

      Do you know how the lamination came off around the corner? Was it caused by something dropping on it? If you don’t know how it happened, then we would assume that it was either wear and tear or accidental damage. If something hit it and it is accidental damage, then the tenant and landlord could come to an agreement to each pay a portion for it to be fixed.

      Vanessa

  • Lane says:

    Hi Vanessa, My daughter & a friend just moved out of a rental they had for 2 years. Both hand basins in the bathrooms are pourus and have been slightly stained by makeup. The property is at least 15 yrs old. The agent has told them to remove stains but as the plastic basins have no shine left it is impossible. Would this not be wear and tear, are the girls responsible for replacing basins? (they paid a professional cleaner to do vacate clean), so stains won’t come off.

    • Hi Lane,

      If it was the makeup that caused the damage, it could be perceived as accidental damage. If they don’t feel they are responsible to pay the full replacement of the basin, see if they can come to an agreement to pay a portion of it.

      Hope this helps.

      Vanessa

  • emma says:

    I own a unit which I refurbished many years ago. The carpet is older than 5 years. My tenant of 3 years is moving out in a week and has just informed me that whilst ironing, she dropped the iron on the carpet which has burnt it and left a bur mark the size of a big iron on it. The tenant at my suggestion has called in a carpet person to see if they could repair the carpet. They said they can’t and I don’t have any pieces of that carpet.
    Can I insist that the tenant pays for the costs of replacing the carpet in the entire room? Even this will not be a solution as the carpet is the same throughout the unit so that even recarpeting the room affected, will then not match the other rooms.
    Any suggestions, please?

    I read in one of your answers that if the carpet is more than 5 years old the CTTT gives it nil value. Does this mean I cannot claim any compensation/repair from my tenants?

  • Tracey says:

    Hi Vanessa,
    Thanks for the previous advice, the stain came out of the carpet. I have since moved and the final inspection went well the owner was pleased and she signed my return for bond form and said she would submit it. They did not bring the condition report for sign off so I wrote some comments on my own copy when I went home. However, 3 weeks later I still did not have my bond so I rang the bond board and they said it had not been submitted. I emailed the owner she emailed back stating that since the final inspection they has some issues. All the issues were very trivial and quite frankly un-true. Can she now contest my bond? I am in the ACT. I have submitted the form myself without her signature.
    Thanks Tracey

    • Hi Tracey,

      I’m not sure what the laws are in ACT in relation to length of time after vacating a property, but you did the right thing by sending the form in yourself as it should speed up getting your bond rather than waiting for the owner.

      Vanessa

  • Tracey says:

    Hi Vanessa,
    I am in the process of moving out of a private rental. When I moved one of the beds I noticed to stains on the carpet. I don’t know what they are or how they got there. The carpets are going to be professionaly steam cleaned I am just concerned if they don’t come out if this is considered damage by me that I will have to pay for. They are about 4 – 5 cm round.

    Thanks Tracey.

    • Hi Tracey,

      Was there a condition report completed before you moved into the property? Do you have any proof that it was there when you moved in? If so, then it could be just considered fair wear and tear or pre-existing. If it wasn’t there when you moved in and it doesn’t come out after steam cleaning, discuss it with your landlord. If they want you to fix it, there are companies who replace small patches of carpet.

      Hope this is helpful to you.
      Vanessa

  • Swan says:

    Hi Vanessa,

    My tenant recently broken one of the bedroom glasses door. They claimed the door is “wear & tear” therefore the glasses were shattered when they closing it. When I saw the photo, I found the damage was at the corner of the glasses door. It is more like an accident than “wear & tear”. I spoke to my agent, and he informed me that no matter “wear & tear” or “accidental damage”, it is landlord’s responsibility to repair the damage area. He also said that if I do not repair the damage area, the tenant may also want claim medical expenses if injury takes place. I always thought interior damage caused by the tenant was tenant’s responsibility. Can you shed some light on this issue?

    Thanks and Regards

    Swan

    • Hi Swan,

      It does sound like it was an accident and happened as a result of opening and closing the door, perhaps over a period of time. In this situation, it may be difficult to prove that the tenant is at fault because the glass could have been coming loose or being compromised over a period of time before it totally shattered. If the tenant caused malicious damage to it, then yes it would be their responsibility to replace it.

      I hope this helps,
      Vanessa

  • Ash says:

    Hi Vanessa, just a quick question. I have been staying in a new apartment for 4 years and during my final inspection, it was noted that there was two indention mark on the carpet caused by the sofa. You reckon it is consider as wear and tear or damage because the PM wanted to get it repair and is in the process of getting the quote. Everything else was perfect as I have been taking good care of the property.

    Cheers,
    Ash

    • Hi Ash,

      In our opinion this would be considered wear & tear. What is your property manager’s reasoning to consider it damaged? What sort of quote have they received for a resolution for repair?

      Are there other furniture indentations that they are not claiming? Why just where the sofa is?

      Vanessa

  • Cherie says:

    Hi Vanessa,

    It is still ongoing! The agent told me I could go and fix anything which was not satisfactory given I handed the keys in early, but it would have to be before 5pm as that is when the new tenants would pick up the keys. She did the inspection that morning and said she would email me with any issues. She emailed me at 2pm with the list.The list she sent mentioned 2 chipped tiles, shower scum (actually discolouration due to the type of plexiglass used – which was also mentioned on the original condition report), dust on the end of the blinds, discolouration of the toilet seat (through wear and tear the plastic started to go funny), small dents in the laundry wall where the washing machine had been, and small stain in the walk in robe. I kept trying to ask whether I could come and pick up the keys and get a handyman to fix/get the cleaners back – she ignored my calls, emails and messages.
    She finally answered my call and said I should see if the handyman could make it that night and the new tenant would be there from 5pm waiting for us (easter thursday), I got confirmation he could make it at 6pm – so I tried to call back to confirm that this would clear the issue with the bond and that this would be alright with the new tenant. She ignored all my calls. I didn’t want to waste money if nobody would be home or if this wouldn’t fix the issue with the bond, so I went around to the property to clean the blinds and attempt to clean the shower again. I met the new tenant who told me not to bother – she would rather clean it herself – and asked where the handyman was. She agreed to be home for him another time and I left.
    To date the agent has not replied to any of my text messages or emails or phone calls! Today it has been 10 business days since we vacated and no idea what is happening!
    Any ideas?

    • Hi Cherie,

      I would suggest initiating the bond refund yourself. Not sure where you are located but I know where we are in NSW the tenant can send the bond claim form to the bond board directly requesting for the bond to be refunded. This then sends a letter to the agent to say the tenant has claimed their bond back and if they have a dispute they have 14 days to lodge it with the CTTT. 10 days is a long time without any contact or discussion about the bond.

      Vanessa

  • Tom says:

    Thanks Vanessa for your advise

  • Tom says:

    Hi Vanessa

    Thanks for the reply. The carpet was considered in the condition report to be “as new” so I assume it would be under 5 years old as the owner renovated it lived in it for about 12 months then rented it out. No we didn’t use a plastic protector.In all honesty I didn’t even realise you could buy them, nor did I think it would leave such a mark, it never did on any other carpet we used it on.

    Regards

    • Hi Tom,

      If the carpet was considered to be “as new” then you would be required to leave it in the original condition minus reasonable fair wear and tear. Of course the term ‘reasonable’ varies from person to person.

      If you do not feel you are responsible to pay the full $500, see if you can come to an agreement to pay a portion of it based on the fact that it is wear and tear of the carpet.

      Hope this has helped you.
      Vanessa

  • Tom says:

    Hi
    My wife and I have recently vacated from a 9 month lease. Our landlord through the rental agency is claiming new carpets from the 2nd bedroom which we used as an office. There is a circular ring where the office swivel chair has worn the carpet flat. It is not the kind of flat that your bed leaves but more of the structure of the carpet being flattened. Is this fair wear and tear? Should we give up the $500 for the new carpet?
    Any help would be great.
    Regards

    • Hi Tom,

      It sounds like fair wear and tear because it has happened over time.

      A few points to consider:
      * Was there any damage to that area of carpet before you moved in?
      * Did you have a plastic protector on the carpet?
      * How old is the carpet? If the carpet is older than 5 years the CTTT consider it to be of nil value due to depreciation.

      Vanessa

      • James Hanney says:

        Hi Vanessa,
        I read with interest your comment “If the carpet is older than 5 years the CTTT consider it to be of nil value due to depreciation”. I rent an apartment in Queensland, what is the situation in Queensland, the carpet is 7-8 years old. I f you don’t know where can I find such information?
        Thank you
        James

  • Febe says:

    Hi,

    I have been reading some of the above posts about carpet and was hoping for a little clarification.

    We moved in to our house just under 3 years ago, and the carpet was new when we moved in.

    I stained a small patch in my room with hair dye – will not come out with professional cleaning. It is a brown drop about 5mm in diameter on grey carpet. Can the landlord charge me to replace the carpet in the whole room (which is about 4m x 4m)? There is spare carpet, can I insist they just cut and replace the patch?

    Thanks,
    Febe

    • Hi Febe,

      We have had a similar issue where the tenant has replaced the patch of carpet rather than the whole room and the landlord was satisfied with the repair. It is recommended that you discuss your plans with the agent so they are aware of the situation and not surprised at such time you move out.

      Hope this helps,
      Vanessa

  • Anthony Lorch says:

    Hi Guys,

    My tenant is getting ready to vacate my property and there is a small crack on the glass panel on the stovetop. The crack is not really close to any hotplate and does not appear to be affecting functioning. How would you play it? Order the tenant to replace the entire glass panel or just let it slide?

    Cheers
    Anthony

    • Hi Anthony,

      Thanks for your comment.

      Does the tenant know how the glass panel was cracked? It is likely to be accidental damage because glass stovetops don’t generally crack due to wear and tear.

      A few options could be:

      * Claim made by owner under landlord’s insurance or building insurance as accidental damage, tenant to pay excess
      * Agree to repair it or replace just the glass and negotiate split payment between owner/tenant
      * Agree for tenant to pay compensation to owner, but not repair or replace the stovetop until a later date when it breaks down
      * Dispute any claim against the bond and present their case to the CTTT and hope that a fair decision is made

      Vanessa

  • Cherie says:

    Just a quick update – the agent called and asked whether we could vacate a day ealier – the 27th instead of the 28th, and she would carry out the final inspection on the evening of the 27th as she has two applicants looking to move in on the 28th. Should we hand back the keys earlier? Will this give us a bit more leniency on the faults mentioned previously?

    Thanks,
    Cherie

    • Hi Cherie,

      Apologies for the delayed response – How did the situation pan out?

      If you moved out a day earlier you should have only needed to pay rent up to and including the 27th. However, this would be dealt separately to the condition of the property.

      Vanessa

  • Cherie says:

    Hi there,

    We are soon to vacate our rental property after 5 years of living there and had a couple questions.
    Firstly, there are two cracked tiles – from reading your previous posts, it sounds like we are liable for this – how much are they likely to charge us? Is there anything we can do ie filler?
    Secondly, when we moved in, there were 3 or 4 half dead plants in the front yard. With water restrictions and a lack of water/sunlight (they are under cover), they, and some of the grass has died. We planted new grass, however there are now no plants in that area – do we need to replace them and do we need to mulch the area?
    There is also a large tree in the neighbour’s yard that drops seed pods in our yard – despite asking for a green bin, none was provided and the council says we cannot leave them in the normal bin – the owner has previously (illegally?) thrown them into other people’s property – do we need to remove them prior to leaving?
    We also have blinds which are a little bit creased from items occasionally leaning against them – is this wear and tear or damage? There are probably 3 individual metal pieces which are ever so slightly bent.
    Lastly, when we moved in, the place was not clean such as the toilet and we made note of this in the condition report– are we required to clean the items which were not satisfactory when we moved in?

    Thanks,
    Cherie

    • Michelle says:

      Hi Cherie,
      We are vacating soon and have the very same problems with tiles and grass as you did! Could you please tell me what ended up happening?
      Regards Michelle

  • Kim says:

    Hi, I am a landlord, and at our last inspection we noticed that my tenants have allowed a fish tank to leak water onto our floorboards – creating quite a bit of water damage. Our property manager advises us that our tenants needs to be given the right to rectify this issue themselves. I don’t want to allow this as I am concerned about the quality of the work done and the fact that it could cause more damage or won’t fix all the damage. Do I need to give my tenants the option to repair this damage themselves?
    Thanks,
    Kim

    • Hi Kim,

      Thanks for your comment.

      Yes you do need to give the tenants the opportunity to repair it, however an option is:
      – Get the tenant to seek a quote to repair the floorboards
      – You seek a quote to repair the floorboards
      – The tenant pays you the amount of the lesser quote and you get the job done by your preferred contractor.

      I trust this helps.

      Vanessa

  • Shane@78 says:

    Good evening,
    My wife and I have lived in our rental property for close to 12 months. We have been asked to vacate as the owner wants to move back in. We have timber floor boards that have showed indentations in particular around the dining table area from the chairs where people have sat on them. We have a no shoes policy in the house however I am concerned by the amount of small indentations that have appeared in our 12 month lease here. We have been advised that we will be responsible to have the floor replaced entirely at our cost. I have had independent flooring specialists come and look at the floor and they have advised that it is a very sort flooring and prone to indentation. I am concerned as we are moving out in 2 weeks as to the outcome and wonder if I should lodge a dispute with the tenancy tribunal. My wife and I feel like we are walking on egg shells all the time in the house due to the issue with the floors. My wife and i consider ourselves and great tenants and have never uncounted this dilemma before. Any assistance would be appreciated

    Shane

    • Hi Shane,

      Thanks for your comment.

      In our opinion, the onus is on the tenant to ensure that all furnishings have protective coverings and to ensure any flooring will not be damaged, whilst it is appreciated that different types of wood flooring may be less hard wearing than others and it could be said the agent for all intensive purposes should’ve taken note of the flooring during inspection/marked down and maybe even recommended a solution i.e. rug so the tenants had the opportunity to address and take steps to prevent further damage. Damage to flooring is not deemed as ‘wear & tear’. The problem that you may encounter is that you may be unable to only sand and recoat one section, the full floor may need doing. As you have stated you have a no shoe policy and maintain the property to a high standard and the markings are from furniture, you have already admitted liability even if accidental. A few options could be considered to reach resolution:

      * Claim made by owner under LLP insurance or building insurance as accidental damage, tenant to pay excess
      * Agree to repairs and negotiate 2/3 payment of repairs, whereas, the tenant pays 2/3 and the agent pay 1/3 for not reporting on the condition of the flooring correctly
      * Agree to pay compensation to the owner, using above method and repairs completed at a later date
      * Dispute any claim against the bond and present their case to the CTTT and hope that a fair decision is made

      We trust this helps.

      Vanessa

  • Brandon says:

    Hello, had tenants for 10 months in newly renovated apartment they left leaving us with yellow smoke stained walls due to them smoking in the apartment – we knew that they were smoking and told them not to do so . They chipped the corner of a glass wall light as they stuck frames around it using some kind of double sided tape – they caused damaged to a kitchen unit door that is a dent and a coffee table left with 3 cigarette burn marks and a glass wall frame being replaced by them with a plastic one. In my view I should charge them for all the above to be replaced . what do you think ?

    • Hi Brandon,

      Thanks for your comment.

      It appears that all of the items you have listed are considered as accidental damage. Do you have a property manager or agent that deals with your property for you?

      Vanessa

  • Shirley says:

    Hi,

    I recently vacated a unit and had professional bond cleaners clean the unit at the end of my tenancy. I had lived in the unit for 4 years. The grout between the bathroom tiles had gotten stained over the years. The bathroom did not have an exhaust fan and only had a small opening above the window for moisture to escape. On doing the final inspection, the realestate agent told me that the bathroom had not been satisfactorily cleaned, and that there were still water marks. I had to have the cleaners return to do further cleaning. However, the realestate agent still insisted that the bathroom was not clean enough. She told me that she was going to get other professional cleaners (her husband carries on a bond cleaning business) and that I would have to foot the bill. The professional cleaners had given us a 7 day guarantee to return and clean the unit. This guarantee had not expired when the realestate agent suggested she was going to call in other professional cleaners. Is the staining of the grout considered fair wear and tear? Would I be responsible for the additional cleaning costs if the realestate agent calls on other cleaners when the bond cleaning guarantee period has not expired?

    Thanks.

    Shirley

    • Hi Shirley,

      Thanks for your comment.

      Once a tenant returns keys, they are delivering up possession of the property with a view that all is in order. There is no obligation of an owner/agent to allow the return of the original cleaners or give the tenant
      the opportunity to remedy the concern. This would be good business practice but not legislation here in NSW.

      Should the owner/agent feel additional cleaning is required they can arrange and on-charge the tenant. If the tenant disputes this I would say to avoid paying the additional cleaning account the matter would need to go before the CTTT or an agreement reached in respects to costs incurred.

      As you had organised professional cleaners and they did return, it would be the onus of the agent to prove that the staining of grout was not general fair wear and tear. As you were there for 4yrs I would recommend that you challenge the agent on why this was not brought up on any routine inspections during the tenancy.

      We hope this helps.

      Vanessa

  • Kathy says:

    We rent a 5 bedroom house and will be vacating very soon as the owner wants to move back in to the house.

    Now the owner is a very nasty woman very antisocial to the point of being rude when accompanying the agent on inspections.

    My question is this..
    The stove top is built into the bench and made of glass.. Recently I noticed that the glass is cracked from one side to the other.. I am being totally honest here in saying that we are not aware of when this happened or how it happened.. we do assume it has happened recently.. but none of the adults who use the stove can understand how it may have become cracked. We do wonder if age plays a part or not.. I thought it would be an easy job to find a second hand replacement and that would be that but alas it looks like it is going to cost in the vicinity of $400

    What do you think?, could it be claimed on her insurance or could it come under wear and tear, as it was not deliberately done by us.. not that the owner will believe that.

    cheers

    • Hi Kathy,

      Thanks for your comment. We have a few different thoughts on this:

      If the damage was caused through settlement of the building then it is the owner’s responsibility. You would probably need a builder or handyman to assess that.

      The other thing to ask is whether the installer used the correct method of installation. This would dependend on how old the cook top is as well.

      The owner could claim it on building/contents insurance and then you pay the excess. The owner would have to agree to claiming it on their insurance though. The other insurance option is if the owner has landlord protection insurance they could claim it on accidental damage and then you offer to pay the excess.

      We hope this helps!

      Regards,
      Vanessa

  • Sarah says:

    Hi,

    My Name is Sarah and I have been in my current property for 4 months and a 3 month inspection occured. My Agent wrote us a breach in our contract because office chairs had flattend the carpet over time. Is this fair wear and tear? I just dont see it being a breach as our bed is also on wheels aswell as our office desk. any info would be much appreciated

  • kylie says:

    Hi, my partner and I are renting a brand new property. We have been here for two years now. Due to the house being brand new, the condition reports states no faults, damage etc. We are not leaving this property, however have an inspection coming up and I have noticed stains in bedroom carpet from coffee and my daughter has dropped something on carpet which has discoloured it. Obviously this is accidental damage. I have booked carpet cleaners to attempt to remove these stains, however I am concerned that if I cant get them out, when we do decide to vacate we will be responsible for the carpet… Should I mention the stains to PM on inspection day? Is any staining ‘accidental damage’ or is it also dependant on how long you are in a property and age of carpet? I am very concerned as I previously was taken to tribunal over staining in a property and I dont want to risk being black listed as a result of carpet stains. Also we have tiles and there is on very small chip (from a mug falling) in kitchen, and a bottle of perfume dropped in bathroom and has chipped a tile also, both very small and not sharp – but I am also concerned that I will be responsible for this too….. I take good care of my property, keep it clean, maintain it, but it is difficult to completely prevent any accidental damage especially with kids. I have pets and they are not allowed in house to ensure no damage, but yet, it seems it is inevitable over time…. if I replace the stains with patches, can they still take me to tribunal even if I have repaired the stain? Any advice would be great.. I have been told I should never have applied for a brand new house as they can get me for everything…

    • Hi Kylie,

      Thanks for your comment.

      Great idea to get the carpets cleaned but we would recommend you mention it to your property manager and ask for their advice. Because the carpet was brand new when you moved in, some of the things you have mentioned could be considered accidental damage and it would be up to the owner how they are repaired.

      Try the carpet cleaners before patching. If it comes down to patching, if the carpet is only 2 years old you should be able to get it matched quite closely. If this happens, it is our opinion that they shouldn’t need to take you to tribunal however it is best you discuss this with your property manager.

      With the tiles, is it possible to match the tile and replace them? Again our opinion is that this would be considered as accidental damage.

      In relation to being black listed, you will only be black listed with tenancy databases if an order is given from the tribunal. If you are open to discussing the issues with your property manager up front and willing to rectify the issues I can’t see any reason for them to have to take you to tribunal. An application for tribunal is only really made when an agreement can’t be reached between the owner and tenant .

      I hope this helps.

      Regards,
      Vanessa

  • Lily says:

    Hi there,
    I am gonna move out from the apartment in two days. I have few questions.
    1. Does the landlord has to send the bond to the bond centre in Wellington?
    2. The medicine cabinet mirror came off it’s hinges when I was using it. It was loose before I moved in. Is that included in “fair wear and tear”? Or will I have to pay for it.
    3. There is rabbit urine on the carpet. I have asked cleaners to clean it, however there are a stains in a small area. Can the landlord charge me for it or is legally allowed to use up the bond to replace the whole carpet?
    4. There have been small tears in the carpet in different areas in the apartment. I have had them fixed with patches. The patches are the same colour but by eye it looks a different colour due to sunlight and wear. Also since it has been patched up you can clearly see it. Can the landlord charge me/use bond to get the whole carpet in apartment fixed if he/she decides to?

    Thanks for your time
    Lily

    • Hi Lily,

      Thanks for your comment.

      Where are you located? Laws can be different in different states/countries.

      With relation to the medicine cabinet, our opinion would be that it is considered as fair wear and tear. Did your report that it came off the hinges as soon as it happened?

      Carpet is a bit of a grey area because of its depreciated value – do you know how old the carpet is? You may need to patch the carpet where the rabbit urine is also because that is considered damage in our opinion.

      Vanessa

  • catherine says:

    Hi,i have a few questions we just vacated a property after give 28 days notice we were not under a lease at this time…. i have paid up to the 28 days and the real estate agent has charged us an extra 2 days not sure if that is the correct way of doing it? also when we moved in we had 2 cracked pains of glass on the entrance door and one day the wind picked up and blew the door shut breaking those 2 pains we replaced all pains with wood to save it happening again..are we up for the cost? and the water for some reason was still in landlords name if we knew this we would have had it changed but was only notified after over a year of living there and the bill had gone up due to a water leak on the property which we let the agent know are we up for full cost of all water used including due to the leak of just normal domestic usage ?we are in victoria..

    thank you
    Catherine

    • Hi Catherine,

      Thanks for your comment.

      You mentioned you are in Victoria. Our agency is situated in NSW and I am not familiar with whether the laws in VIC are similar to NSW. My recommendation would be for you call your local Tenancy advice hotline and seek some advice from them.

      I hope you get it sorted.

      Vanessa

  • Heidi says:

    Hi,
    I have just moved out of a house. The agent has done the final inspection and has found the property to be in satisfactory condition, there were a couple of areas not cleaned to satisifaction, though they can see there has been an attempt to clean, such as the lounge window tracks and some marks on the A/C. Only a few minor issues nothing major and she has noted a few wear n tear areas.
    The owner has then inspected the property as well and has come back stating that the scuff marks in the main bedroom are damage and not wear n tear as the rental manager has stated and the owner has said the kitchen cupboards are not clean , but the manager found nothing wrong and the kitchen exhaust fan, which has been cleaned and it is visible that it has been cleaned but does still have residue in the corners.
    The owner wants a professional cleaner to clean the property and for the floorboards throughout the whole house to be sanded back and revarnished. Not just the small area that has been scuffed. When taking pictures of the area it is hardly visible. She wants me to pay for all of this.
    The R/E mamager has stated that they work for the owner and must follow her wishes even though they didn’t have the same findings or request any of this to be done.
    I have taken all reasonable care to maintain the property and have always kept it, (maintained/repaired any damage) in good/satisfactory condition.

    Where do I stand and what are my rights as a tenant?

    Thank you

    • Hi Heidi,

      Thanks for your comment. Sorry we took so long to come back to you. Hopefully you have solved the situation now. We’d be interested in knowing the resolution.

      This is a tough one though and we have heard of tenants finding themselves in this situation.

      Did you take the matter to tribunal? This would have been our recommendation.

      Vanessa

  • rebecca says:

    Hi, My rental property has hanging vertical blinds throughout the house, I have had them proffesionaly steam cleaned and have bough the top plastic hangers to re hang them all as the sun has damaged them over years. The problem is each time you open or close the blinds at least one blind falls off, is this fair wear and tear as they are cleaned and in working condition ? also there are tinted windows in the bedroom there is a 5cm scratch in the tint, I believe it was there before we moved in but its not on the condition report is this fair wear and tear? Thanks in advance for your advice !

    • Hi Rebecca,

      Thanks for your comment.

      In this case, our opinion is that it would be considered as fair wear and tear. Blinds especially are used constantly during tenancies and the problem you have mentioned is common for hanging vertical blinds. We suggest you mention it to your property manager as it is a repair the owner may consider.

      I hope this helps.

      Vanessa

  • Wayne says:

    Hi,
    We have an agency managed rental property with a tenancy that recently ended. A final inspection revealed that we were not happy with the state of some fairly new carpet that was stained with dog urine and ultimately had to be replaced. We subsequently discovered that the agent regarded the staining as fair wear and tear and had in fact authorised refund of the tenant’s bond before we had carried out our final inspection and compared noted with the original condition report. We believ the agent was negligent in this regard and should be financially liable for the replacement of the carpet. They of course disagree. I guess the clear question revolves around an interpretation of whether dog urine staining on carpet is fair wear and tear?. Your opinion would be appreciated.

    • Hi Wayne,

      Thanks for your comment. Apologies for the delay in replying.

      Did you approve the dog to live in the premises? If the stain was caused by the dog urinating on the carpet it would be considered as damage, not fair wear and tear. The tenant should have at least had the carpet steam cleaned.

      I agree, the agent did not act in your best interest in this situation. They should have recognised that the dog caused the damage and insisted the tenant rectify it. With fairly new carpet, carpet companies can often match the carpet and just replace a small area.

      Vanessa

  • Kate says:

    I have a glass shower screen that is fixed to the wall & fits flush to the top of the bath. It only opens & closes as far as the bath, so only opens inward. After a shower I leave it slightly ajar so mould doesn’t creep in on the seal. 2 days ago I went to close the shower door & it came off in my hands. I noticed that the pivot at the top appeared to be perished & has cracked in two hence the door falling off. My agency claim it is accidental damage, I dispute this as no force was placed upon the door, I wasn’t doing anything out of the ordinary & it didn’t occur as the result if me mis treating the door. Where do I stand? She wants a second opinion from their handyman & wanted to come in to the property whilst I was at work to show him. I have requested to be at the property too, which is tomorrow, so any reply would be appreciated! Thanks

    • Hi Kate,

      Apologies for not replying sooner.

      We would suggest that this is wear and tear as it would have deteriorated over time. Unless you placed significant force on the door, we wouldn’t consider this damage.

      What was the outcome from the second opinion?

      Regards,
      Vanessa

  • Natalie says:

    Hi, my questions is: eg. a knob has been broken off a oven. Yes, you would no doubt say that it is accidental damage, but do you take into account the age of the stove and the condition the knob was in? Another example, an old bathroom/shower with a sliding door, the door glass was bumped with a knee while existing and it has a hairline crack. Under normal circumstances, this shouldn’t of happened as this glass should be tempered. But, my opinion is that the bathroom is old and the glass is not as strong as it should be. Would the tenant have to replace the whole glass? Thanks

  • ali says:

    Hi all
    the outcome of my conciliation process(carpet stain) was:they wanted $300 compensation for small carpet stain – I disputed the amount on the grounds that they did not inform me within 3working days of vacating the property of any claims…I was made aware of the claim 19days after moving out! Legally the agent/owner is obliged to inform you within 3working days of any claim…I agreed to $100 only.They accepted.Dispute resolved. Moral of the story: hand in notice on the vacate day, don’t trust sweet talk of agents to buy time (they’re not on your side), stand your man and don’t give in too easily….but more importantly: try and buy your own place!
    Thanks for all the input.
    cheers
    ali

  • Cheryl says:

    Hi,
    What about an office chair leaving a faded area around the where the chair has been…think the top of the pile has come off?? Is that considered wear and tear?
    Thanks.

    • Hi Cheryl,

      Thanks for your comment.

      In your situation, we’d suggest this is wear and tear. Simply because this sort of thing happens over time rather than happening instantly. Accidental damage generally comes from misuse of something or may happen instantly eg. someone breaking a knob on an oven.

      We trust this helps.

      Regards,
      Vanessa

      • Stuart says:

        Hi,
        Im renting a place with floorboards and i have a computer chair that has been wheeled around a the living area.the lacquer in a small area around the size of half a 5 dollar bill has started to peel off. The agent is claiming accidental damage but i think its fair wear and tear. Your opinion is appreciated

        • Bec Reid says:

          Hi Stuart, thanks for your question. In this case, it sounds like it is excessive wear and tear which in this case shouldn’t be put onto the landlord. Hence we understand why the agent is claiming it as accidental damage. We hope this gives some insight and all the best with the situation. Bec Reid

  • ali says:

    Hi VAnessa
    thanks for that input. I am going into the conciliation process confident and hopeful that the conciliator will be fair. Thanks again.
    ali

  • ali says:

    hi, i’m about to face a conciliation process about a dispute over a small stain in the carpet that I apparantly caused during my 2and half year tenancy at a unit.the other room’s carpet had stains in when I moved in(on entry cond report) which i had removed at my own expense. the remainder of the unit is in immaculate condition, i never had complaints from the agents with inspections. they are claiming $360 for 3sq m with <2cm stain. Is this reasonable? where do i stand?
    any input will be appreciated.
    thanks
    ali

    • Hi Ali,

      Thanks for your comment.

      The main thing that will be looked at during the conciliation process is the original ingoing condition report. The most black and white question would be “Was the stain there prior to the tenant moving in? If so, is it a result of fair wear and tear or did the tenant cause the damage?” In our prior experience with a situation like this, a stain on the carpet has been classified as damage and a tenant is required to fix it. However as fair wear and tear is always a grey area because each person perceives it differently, the outcome may be different in your case. When you reach the conciliation process the conciliator will look at the facts from both sides. It may be worth telling them exactly how the stain occurred and if you tried to clean it at the time.

      Is the landlord claiming $360 for cleaning the carpet or for replacing that section of the carpet? If they pursue it, you should be able to get your own quote and hopefully find a cheaper one.

      We’d be interested in hearing how the conciliation process goes.

      I hope this helps.

      Regards,
      Vanessa

  • Elena says:

    Thank you for your reply. Elena

  • Elena says:

    Hi there
    Where can i find out more information about how to determine what is ‘wear-and-tear’ vs ‘accidental damage’.
    My tenant has just move out leaving some damage to the apartment, which I believe is not -wear-and-tear’, he argues otherwise. I strognly believe that I am not being unrealistic, but would like to have a 3rd party opinion. Any advise on who I can approach to help me with that? Thank you. Elena

    • Hi Elena,

      Thanks for your comment.

      Do you have an agent who manages your property? If so, we recommend seeking their opinion. If not, the best thing for you to do would be to refer to the original condition report. This should outline the condition of the property before the tenant moved in and you can then compare it to the condition now. Consider each mark or damage and ask yourself the question “is this reasonable fair wear and tear or accidental damage”? It is common for people to have a different opinion about reasonable fair wear and tear however consider “has this mark or scratch occurred simply because the property has been lived in or does it look as though it has been damaged by accident or on purpose?”

      Were photos taken before the tenant moved in? If so, it’d be good to refer to them as well.

      If you can’t come to an agreement with the tenant, the only other option is to take the matter to the Consumer, Trader and Tenancy Tribunal and go through the conciliation process there.

      I hope this helps.

      If you have any further questions, please don’t hesitate to contact us.

      Regards,
      Vanessa

      • Sarah says:

        Hi, we are about we to vacate from a rental property in NSW after 2 years and in the same week my partner tripped and spilled a whole coffee over two walls. We immediately tried to clean with sugar soap then vinegar to no avail- the coffee came off but has left faint dripping & splatter marks I think due to the quality of the paintwork which seems to have not been painted for at least 5 years. I am wondering where we stand with liability for this I.e accidental spills to walls and carpet, is this also fair wear & tear? Carpets are also old & stained. Thanks

        • Vanessa Pereira says:

          Hi Sarah – thanks for your comment. In our opinion, this is not considered fair wear & tear because coffee spills on a wall don’t normally occur through general use. It would be considered damage that was an accident. i.e. Accidental Damage. Hope this helps, Vanessa.

          • Sharon Yeo says:

            Hi Vanessa,

            Can I seek your opinion on my situation? My husband accidentally drop a plate on Smeg electric glass cooktop. It caused a minor chip at the bottom left corner of the glass top but the stoves are still in excellent working condition. We understand this is accidental damage and liable for it. However, the agent is quoting us close to $1400 for replacing the entire stove (even though only the glass top chipped at 1 corner). Smeg itself is expensive. Is it possible to request for partial payment of this replacement as we believe the stove was not entirely new when we moved in? And also because the quotation is way too expensive. Thank you for your opinion in advance.

            Kind Regards
            Sharon

          • Vanessa Pereira says:

            Hi Sharon, certainly you can try to negotiate how much you contribute to the replacement. Another option is for you to obtain your own quote. Can the glass just be replaced instead of the whole cooktop?
            Vanessa

          • Lucas says:

            Hey I’ve been in my first rental for about 8 months now, and I’m wondering if when stuff is put I one place and leaves the in print etc is that classed as wear and tear ??

          • Vanessa Pereira says:

            Hi Lucas – in our opinion this would be considered wear and tear however we recommend doing your best to minimise it. You can get some castors from Bunnings to put the furniture on.
            Vanessa

      • Bea says:

        Hey, so heres the situation, ive moved out of a property, my lease ended over a week ago and I recieved my bond back because everything was fine. I steam cleaned the carpet over a week ago and one of the carpets was damp. On the final inspection day I informed my landlord thr carpet was damp and it needed to air out to dry. They have had the house shut up completely for 4 days and are now asking me to replace the carpet because of the smell. They are also claiming its cat pee but it didnt smell like that when I cleaned the carpets. Im confused if my lease has ended and everything was fine, why now am I being asked to replace this carpet if and am I legally obligated considering this has happened in the time ive not been there

        • Vanessa Pereira says:

          Hi Bea, thanks for your comment. Is this a private rental or is there an agent that conducted the final handover after you steam cleaned the carpet? Damp carpet definitely needs airing out and if you advised the landlord of this fact, our opinion is that you would not be liable. Vanessa

          • Kim says:

            Hi I am seeking your opinion on this I am a landlord I take very good care of my property my attendance are very good people but we have had a incident and I’m trying to find out which way to go with this I had just remodeled the bathroom before the attended have moved in approximately eight months before she had moved in with a new tub she had informed me that she fell in the tub and put a crack in the tub she is a very Heavy woman I was happy to hear she was not hurt but on the other hand my tub now has a crack in it and she did not inform me of this crack in the beginning but now there is a second crack for not taking care of the first one is she reliable for this with her renters insurance

          • Bec Reid says:

            Hi Kim, thanks for your question and sorry to hear about the accident. From the description you have shared, it is our opinion that this example is Accidental Damage as the tub is so new. We hope this helps, Bec

      • Amer says:

        Hi Vanessa,
        Can i please seek your help on a matter, as i am new to nsw and dont know much how things go here. I had just rented a house and started living in it. I have observed a crack/gap appearing in between wooden floor and wall starting. it was not there when i moved in. Initially just floor was vibrating when we used to walk over it. Then in two weeks crack starting appear here. It is a clad home BTW. We did nothing wrong, we just moved in our furniture and now this crack is appearing. Can you please tell who will be responsible for expense in this regard. Thanks in advance

        • Vanessa Pereira says:

          Hi Amer, from what you are describing it is our opinion that this is an issue with the building and therefore the owner’s responsibility. We recommend you advise your agent about this matter. Thanks – Vanessa

      • Bhavya says:

        Hi Vanessa

        We are vacating an apartment and one of the wall edge has chipped a little . We have filled the crack but it’s not like original condition report. Will it come under accidental damage or fair wear and tear.

        • Vanessa Pereira says:

          Hi Bhavya – thanks for your question. Yes it would be considered accidental damage. You mentioned you filled the crack, but did you sand it and paint it? Vanessa

      • Maree says:

        Hi I’m hoping you could help me I’m renting and in the lounge room it has old wall paper which has really old markings around major photo frames across every wall also a lot of yellow discolouring now I have a lounge which has peeled a bit off from I guess rubbing against it also it has peeled it self around other areas my son has also drawn with a blue pen on one part I was hoping as it is so old and peeling itself are they able to take my bond off me for this reason at all ?

        • Vanessa Pereira says:

          Hi Maree, how old is the wallpaper? In our opinion, the markings around photo frames would be considered fair wear & tear. The blue pen would be considered damage. However if the wallpaper is more than 10 years old the landlord may be considering removing & painting so you may get away with not having to lose some of your bond. We do recommend you discuss it with your agent before they come for their next inspection.
          Hope this helps – Vanessa

      • Kate says:

        Hi Vanessa, we are landlords and our tenants cat has scratched a hole in the communal area so the whole area of carpet has to be replaced not just one square. The tenant signed a pet clause stating they would cover any damage if it occurred prior to moving in. My question is how much are they required to pay? It will cost us $3000 to replace the landing area as all of the carpet is connected.

        • Vanessa Pereira says:

          Hi Kate, how old is the carpet?
          Vanessa

          • Kate says:

            We just bought the house.. previous owners said 2 years but unsure if they have documentation?

          • Vanessa Pereira says:

            Hi Kate – If the tenant signed a clause stating they would pay for damage then the tribunal would take this into consideration. They would also take into consideration that the normal life of carpet is 10 years.

            If the carpet is 2 years old, the tenant can only be liable for maximum 80% of the cost of replacement. To be able to claim this you must have evidence of the age of the carpet.

            Hope this helps, Vanessa

          • Kate says:

            Thanks Vanessa- what if the original owners don’t have documentation any more? What can I do?

          • Vanessa Pereira says:

            Hi Kate, if it was to go to Tribunal they would ask for some sort of evidence. If you don’t have any they may not enforce the tenant to pay or will lessen the percentage they would pay.

      • Abu says:

        Hi Vanessa, so we are vacating a property after 1 year and 3 months. And the the wardrobe doors were unhinged and there were already some marks there when we moved in. So the marks grew darker and the wooden covering of the bedroom and bathroom doors from the bottom started to come off from ageing we presume. Would these be considered wear and tear?

        • Bec Reid says:

          Hi Abu, thanks for your question. We have a few questions for you so we can understand your situation a little better. Are there photos of the unhinged wardrobe doors and the marks at the property before you moved in? Are these items recorded on your ingoing inspection report? How have the marks grown darker – are the spots rubbed somehow by coat-hangers when you put clothes away for example? Looking forward to hearing back from you, Bec

      • Janelle Greeney says:

        Hi Vanessa
        I have just vacated a rental that I was in for 6 years. The house is around 28 years old and has always been used as a rental. When i moved in there was a small tear in the vinyl in the entrance hallway….it was shaped like a triangle so would often lift up. When we moved out the fridge got caught on this flap and tore it even more. I have been told by the former property manager that the vinyl is the original vinyl therefore is 28 years old. I have just been informed that the real estate and owners are waiting on quotes to replace the entrance vinyl which is around 6m squared. The tear is around 20cm x 30cm.
        Am I liable for the entire amount to replace this vinyl…..
        Thanks
        Janelle

        • Bec Reid says:

          Hi Janelle, Great question. If the vinyl is as old as the house, you shouldn’t be liable whatsoever. It is likely that the tear was created because of its age. All the best, Bec

      • Steve Raney says:

        Hi, I have four months left on my lease and I have resided at my apartment for over six years with no issues. My landlord comes every three months for inspections and I have never had any issues or problems. Last week the vinyl flooring in front of my door had curled up and caught on the door and ripped. I reported this to my landlord as I should and now she is telling me that I am responsible. She knows that I am moving at the end of my lease and I feel like she is trying to keep my security deposit. Please help. Thank you.

      • Jake says:

        Hi Vanessa,

        We are vaccating a property, the carpets had minor tuffs and strands in it when we moved in, from general vacuuming and walking traffic they have slightly pulled runs from the carpet not very noticable. The property management is claiming the carpets are ruining and we need to pay $200 cash monetary compensation to the land lord ontop of our $1440 bond and $250 pet bond being taken. As they are stating.

        I’m a Landlord myself I know the legals of tenants and landlords responsibilities. They are a no named leasing company. Trying to swindle me.

        They also are claiming they need to replace all locks in the doors as “we lost one key” when moving. I stated no the landlord is liable for the “Re keying cost” and the locks are in perfect working order. So dont need full replacement.

        They are claiming very minor wear and tear issues on the final property inspection, like fading on the letterbox number sticker.

        Also they have given us 5 hours to try fix any issues today, as new tenants move in tomorrow, our lease only ended this week on the 24th and the final inspection was yesterday with the report given to us yesterday afternoon

        • Vanessa Pereira says:

          Hi Jake – thank you for your comment. Apologies it took some time to get back to you. How did you go with resolving this with your agent? Let us know the outcome.
          Vanessa

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