Rental dispute

Old Aug 2nd 2012, 11:20 am
  #31  
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Default Re: Rental dispute

Hi All

The latest update is we have asked the agent for a breakdown of the 1st quote,which we recieved ,Wasnt too informative so my wife phoned the kitchen guys who quoted.The guy answered the phone couldnt even remember the kitchen,so I doubt he even went to the house.
Also recieved a 2nd quote this one is even higher at $2600.

Think this is heading to VCAT.

Question is if we take it to VCAT tribunal do we have to attend and give our case and evidence .Is this a time consuming affair?

Thanks Richard

Last edited by mcv; Aug 2nd 2012 at 12:01 pm.
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Old Aug 2nd 2012, 9:57 pm
  #32  
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Default Re: Rental dispute

Originally Posted by mcv
Hi All

The latest update is we have asked the agent for a breakdown of the 1st quote,which we recieved ,Wasnt too informative so my wife phoned the kitchen guys who quoted.The guy answered the phone couldnt even remember the kitchen,so I doubt he even went to the house.
Also recieved a 2nd quote this one is even higher at $2600.

Think this is heading to VCAT.

Question is if we take it to VCAT tribunal do we have to attend and give our case and evidence .Is this a time consuming affair?

Thanks Richard
From earlier posts looks like you might be successful with VCAT.
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Old Aug 3rd 2012, 6:40 am
  #33  
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Default Re: Rental dispute

Gosh this thread has been really interesting to me as our daughter has done exactly the same thing
Think i will get it replaced before our lease is up.
Should I inform the estate agent? or just try to get a matching bench top (which i think is approx 10 years old)

We are coming up on 3 years and are now in a goodish relationship with the realestate agent (believe me it was very rocky at one point!!). She emailed us to warn us the owner was in town and he may do a 'drive by'!!, but she will try to find out when? what a bloody cheek!!
I now believe she has been under incredible pressure from this owner which contributed to our bad realationship in the beginning.

Last edited by Margaret3; Aug 3rd 2012 at 6:44 am.
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Old Aug 3rd 2012, 7:12 am
  #34  
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Default Re: Rental dispute

Originally Posted by Margaret3
Gosh this thread has been really interesting to me as our daughter has done exactly the same thing
Think i will get it replaced before our lease is up.
Should I inform the estate agent? or just try to get a matching bench top (which i think is approx 10 years old)

We are coming up on 3 years and are now in a goodish relationship with the realestate agent (believe me it was very rocky at one point!!). She emailed us to warn us the owner was in town and he may do a 'drive by'!!, but she will try to find out when? what a bloody cheek!!
I now believe she has been under incredible pressure from this owner which contributed to our bad realationship in the beginning.
Personally I wouldn't try to hoodwink them unless you are 100% sure you can get away with it because if they feel they have been deceived they might get difficult.
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Old Aug 3rd 2012, 7:31 am
  #35  
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Default Re: Rental dispute

Originally Posted by mcv
Hi All

The latest update is we have asked the agent for a breakdown of the 1st quote,which we recieved ,Wasnt too informative so my wife phoned the kitchen guys who quoted.The guy answered the phone couldnt even remember the kitchen,so I doubt he even went to the house.
Also recieved a 2nd quote this one is even higher at $2600.

Think this is heading to VCAT.

Question is if we take it to VCAT tribunal do we have to attend and give our case and evidence .Is this a time consuming affair?

Thanks Richard
Yes you do need to attend & take as much evidence with you, also try find out where your local tenant advisory office is, they are very good can give you loads of useful advice for free to help with your claim, good luck.
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Old Aug 3rd 2012, 8:32 am
  #36  
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Default Re: Rental dispute

Originally Posted by Zen10
Personally I wouldn't try to hoodwink them unless you are 100% sure you can get away with it because if they feel they have been deceived they might get difficult.
What! I am not trying to hoodwink anyone
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Old Aug 3rd 2012, 9:09 am
  #37  
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Default Re: Rental dispute

Am I alone in thinking that there is something wrong with trying to cheat your way out of facing up to your responsibilities as a tenant [not you personally op but as advocated by others]?

Benchtop damaged beyond repair by teenage daughter = tenants responsibility. Surely it's a no brainer, you damage it you expect to pay something for it!

There's a few landlords lurking on the board I'd be interested to hear their views. My folks house was trashed by tenants, maybe that's why I think it's wrong to try & dodge responsibility

Now, the other side of the coin is that if the landlord is a conscientious one, they will have some kind of landlords insurance in place for just this type of occurrence. At very least they should be happy for you to pay their excess If they don't it would be hard for VCAT to award them any more than the estimated excess had they been covered.
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Old Aug 3rd 2012, 9:49 am
  #38  
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Default Re: Rental dispute

I am not sure if i am taking this too personally. But I am an excellent tennent. In our last place we broke a shower door and replaced it , the estate agent and landlord never knew, and it was a hassle getting one the same glass, had to get the glass especially made up as it was so old.

In this house the shower is leaking (has been since we moved in and we have not been able to use it, so down to one shower which is our en-suite, not really convenient with two teen girls). I emailed the estate agent again about it and she sent a plumber (not for the first time, think in total 6 plumbers have looked at it). Anyway , i have emailed the agent to say we will pay 3 months rent in advance if this will be any help to getting it fixed, i did not dream of asking for a rent reduction, but perhaps I should have! and used what i saved to replace the kitchen worktop.

Actually we do have another shower which is downstairs next to the lounge, not the most convenient place so we always forget about it.



We dont seem to have much luck with showers, lol.

Last edited by Margaret3; Aug 3rd 2012 at 10:06 am.
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Old Aug 3rd 2012, 10:08 am
  #39  
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Default Re: Rental dispute

[QUOTE=cresta57;10208009]Am I alone in thinking that there is something wrong with trying to cheat your way out of facing up to your responsibilities as a tenant [not you personally op but as advocated by others]?

Benchtop damaged beyond repair by teenage daughter = tenants responsibility. Surely it's a no brainer, you damage it you expect to pay something for it!

There's a few landlords lurking on the board I'd be interested to hear their views. My folks house was trashed by tenants, maybe that's why I think it's wrong to try & dodge responsibility

Now, the other side of the coin is that if the landlord is a conscientious one, they will have some kind of landlords insurance in place for just this type of occurrence. At very least they should be happy for you to pay their excess If they don't it would be hard for VCAT to award them any more than the estimated excess had they been covered.[/QUOTE





I don't think the op is meaning to shirk responsibility, but wants to pay a fair price and not be ripped off.
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Old Aug 3rd 2012, 11:09 am
  #40  
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Default Re: Rental dispute

Hi all

Yes we are not trying to get out of paying for the damage that we agree we have done.Its more of a question of are we responsible for the cost of replacing the whole kitchen work top .I realise that you prob cant get a matching piece now as the work top is at least 10 yrs old.

would most landlords have an insurance policy for this kind of accidential damage.If ours has we would be more than happy to pay his excess.

thanks all

Richard

Last edited by mcv; Aug 3rd 2012 at 11:17 am.
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Old Aug 3rd 2012, 11:10 am
  #41  
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Default Re: Rental dispute

Originally Posted by Margaret3
What! I am not trying to hoodwink anyone
Originally Posted by Margaret3
Should I inform the estate agent? or just try to get a matching bench top (which i think is approx 10 years old)
You ask if you should inform them, the obvious implication here being that you are considering not informing them. Not informing them and replacing the bench top on the sly would constitute hoodwinking in my opinion, unless we have our wires crossed totally.
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Old Aug 3rd 2012, 12:38 pm
  #42  
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Default Re: Rental dispute

Originally Posted by mcv
Think this is heading to VCAT.

Question is if we take it to VCAT tribunal do we have to attend and give our case and evidence .Is this a time consuming affair?
As per post 30, if the landlord wants more than the bond then they have to go to VCAT. Don't pay more without going through that process. It's also beyond 10 business days since you vacated the property, which is the period in which a landlord must apply to VCAT if they want any of the bond and there's disagreement with the tenant on how the bond should be split or paid.

Yes, there is a responsibility for the tenant to pay towards any damage, if it is agreed to be damage rather than the vague term of wear & tear. However it is also a legal responsibility for the landlord to follow due process in claiming any of the bond (or more) as per s.417 of the Residential Tenancies Act.
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Old Aug 4th 2012, 5:18 am
  #43  
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Default Re: Rental dispute

Originally Posted by Zen10
You ask if you should inform them, the obvious implication here being that you are considering not informing them. Not informing them and replacing the bench top on the sly would constitute hoodwinking in my opinion, unless we have our wires crossed totally.
Whatever. I do not feel the need to justify myself to you, i know what i am....an honest, decent hardworking person/tennant.

Last edited by Margaret3; Aug 4th 2012 at 5:22 am.
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Old Aug 4th 2012, 5:27 am
  #44  
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Default Re: Rental dispute

Originally Posted by Margaret3
Whatever. I do not feel the need to justify myself to you, i know what i am....an honest, decent hardworking person/tennant.
There's no need to get aggressive and confrontational. You implied you were prepared to lie to the landlord by changing his property without telling him. I offered the polite advice that I would only do this if I were certain there would be no fall-out. You then, rather bizarrely, make out you have no idea what I'm getting at. Then I clarify the situation, again politely, and you write an incredibly rude post back to me. If you have behaved as rudely and erratically with your landlord as you have with me no wonder you're in difficulty.

Please take your bad attitude elsewhere.

Last edited by Zen10; Aug 4th 2012 at 5:38 am.
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Old Aug 10th 2012, 6:59 am
  #45  
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Default Re: Rental dispute

Hi all,

After recieving the 2nd quote we replied with a offer of 1 weeks rent as compensation ($420).
This was refused very quickly by the landlord,saying he wanted to replace the benchtops and would only accept the whole amount,this was on wednesday.Today we recieved a VCAT court summonds.

What should we prepare to take to the hearing,just a few pics if I can get some,apart from that I guess I can print of all the emails sent in relation to this dispute.
Anyone here been to VCAT,what should we expect on the day?

many thanks Richard
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