GBK

Hi,
We moved out of our apartment recently(in Prahran,Victoria)and the estate agent, Gary Peer, informed us that the cook top is scratched and they will need to deduct some of the deposit to cover the costs to repair. We had stayed at the apartment for 20 months and I believe these scratches equate to normal wear and tear-I mean for heavens sake this is an appliance thats used up to three times per day ! The scratches are not that bad and its an entry level Electrolux. What rights do I have to defend my take on this situation ? Any advice would be most welcomed.
Thanks,
Jim

jan

I have property which i rent out in the u.k. and if i had a new or v.g.c. unit, fridge,cooker whatever i would expect it to be returned in the same shape it is up to the tenant to keep the goods in the same condition as agreed at the beginning of the tenancy.with regard to wear and tear it is a grey area some people have a new cooker which 2years later looks good as new some only have one 6 months and its filthy and damaged so it is horses for courses but in my humble opinion tenants should not use as it it were thier own but as somone elses property and as such treat it with extra care so as not to lose deposits so there it is i reckon you should pay.

Dorothy

If you object to the report the landlord gives you you should be able to appeal it to the rental tenency commission in your state. We did with our landlord in Adelaide and they agreed with us and got our entire deposit back.

ossigeno

VCAT usually side against unreasonable landlords. You have to expect some wear and tear on appliances. Whether a scratch is wear and tear I do not know.

Deutschmaster

Have a look here:

http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Publications_Renting/$file/RentingComplete.pdf

the first page says a $500 fine to a landlord who doesn't give you a copy of it to you when you move in. Kindly remind the landlord or agent that to worry them.

Kingseat

so you won't be claiming the 10% wear and tear allowance in your self assessment tax return then? you will just hold onto the deposit if there is a scratch or something breaks down?

Deutschmaster

Page 33 mentions the bond and deductions. The agent is supposed to fill out a 'bond claim' form which you sign, the agent then sends it to Residential Tenancies Bond Authority to get the money.

I suppose then you should refuse to sign until this dispute is resolved.

Page 35: Costs due to fair ware and tear can't be claimed.
If there is a disagreement the landlord must apply to VCAT within 10 days of the tenant leaving the premises.

Good luck!

leftfield

What a crock..

Your not doing your tenants a favour by letting them live in your house..

They are paying for it.

hotfuss

Fight it with the tenants board.. or offer to get it fixed yourself. Guarantee you they won't bother their a*se getting it fixed and just charge you for it.. Stand up for yourself on this one. A scratch on a cooker?! I mean FFS, it still works doesn't it..

saxtonj

Jeez....glad i don't rent your house...

What's the point of renting anywhere if you have to go around on tip toes....houses are meant to be lived in - renting a house out - you should expect that house to be LIVED in. It's that kind of attitude that makes a very bad landlord. What are you going to do - wrap everything in plastic? I've rented for the past 5 years or so and have never met this attitude. I guess it depends on the person. I think there should be a two way with regards rentals - the proposed tenant should have access to the previous tenants for references as well.

Fair wear and tear including small marks are part and parcel of living in a house - obviously battering a house is out of order. We've always taken care to make sure we return a house in a cleaner condition than we got it, and have always had very good references from our landlords and agents (all of them), even living next door once to our landlord. All decent ones know to expect a bit of wear and tear, it's what the rent covers - the bond is to cover out of pocket and serious damage. A used cooker top for 2 years (especially if it's stainless steel) that has marks on it through usage is not in my opinion reason to deposit out of a bond.

What do they mean to fix the issue? buy some stainless steel cleaner and scrub it up? or buy a new one?

One of my rentals once, in the kitchen which had no splash back - there was small grease marks on one section (the prep section as it happens) which i readily admit we caused, and when we finished the tenancy the agent mentioned it may come out of the bond to repair the wall, until i mentioned that the glass roof over the kitchen which had consistently leaked for the 14 months we were there and had damaged the same wall all over with water damage and that we had to live with this the entire time because they hadn't 'got round' to fixing it - even though it was reported the first week we moved in, plus the walls in the bedroom that were water damaged because the skylights were also leaking and weren't fixed the entire time we were there. Luckily the landlord lived next door and was fully aware of the situation and told me not to worry about it, as it was - bond was paid into my account the next day.

Good landlords are a blessing , your attitude would put me off straight away and i feel sorry for those renting from you!

mindblower

![/QUOTE]

Shark infested waters arnt they..best o luck.

GBK

Thanks all for the advice and opinions, I'll let you know how it goes.
Jim

JenJen

Good god, a scratch or two on the cooker, hang on cause thats international news, you poor thing, i'd be well hacked off.

We rented in Sydney last year and the agents were a pain in the arse to be honest proffesionals my a***.

Lovely place, not overly small child friendly but thats our fault not the landlords.

Anyway we disputed the report they made especially when the dizzy cow couldn't even count how many lights there were in the main living area and the bedroom and how she reckoned they were all working etc etc.
Funny how on day one I noticed half of them weren't working, there were so many other things too, screen doors which even the neighbour said had been damaged by a previous tenants dogs - we didn't have a dog !!! and the kids nails arne't that sharp LOL

We no sorry my husband after I left forgot to water the plants by the front door and they died :$ so we did pay for those to be replaced but got the rest of our money back and then a month later we started getting emails saying had we had the carpets cleaned and who by cause the current tennants were complaining, I don't know what over seeing as there were only carpets in the bedrooms and we only lived there 3 months and were left as clean as they were found, plus we unblocked the hoover system thingy cause the previous tenants had left a bottle top wedged up there :$
We never replied very petty they should of thought of that before they gave us back our deposit

DumbFalang

Landlords eh - just below solicitors and Aussie dentists in my view

Sharks.

jan

With all due respect you are the one talking a croc show yourself up somemore why dont you? Food and drink to me.
I did not say any favours were being done by anyone. The tenant is simply using the property just like hiring a car or anything that is owned by another person and an agreement is drawn up between both parties to abide . and know the rule of law in such matters in a bid to overcome common disputes otherwise a tenant could just leave the place wrecked. How would you feel if you loaned you car and the car was returned with a torn seat or scratches over the bonnet? Same principle.
Silly comment.... They are paying for it! HOW stupid. They are not paying to damage it In fact they are not paying for it at all they are hiring! they pay for it at the end by losing deposits thats the whole idea.