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 ?