eddie007

Buggerit... That must feel stressful for you.... WHY???? couldnt that particular piece of paper arrived on monday morning so you werent worried all weekend?



With my camera when it broke it was "obsolete" therefore they paid for a new camera, but not all the add ons that went with it.... Cards, filters, strap etc etc etc etc..... Incidental loss or something

Surely you only have to replace the bench top (singular) that was damaged?

Any other benchtops are "incidental"

Are we talking a number of different areas like in most kitchens?

Because I cant see them getting a lot of bench tops replaced, even if they cant match exactly to the old ones...

8arterc

As a Landlord i can give you my views on how i see this. I have a number of properties in Perth which i worked hard to get but they are still owned by the Banks and the rent doesn't cover all the expenses i incur on the properties. The properties are my second job and i have to work hard at this.

If a bench top was in good reasonable shape when i rented the property and a tenant damages it, then i would want the whole bench top replaced. Why should i have to compromise or use my insurance to replace something i didn't damage and have to go through the hassle of getting it fixed. Every day the property is not fixed costs me money.

Excepting $250 to $400 as some people suggested still wouldn't get me a replacement bench top and why should i incur the remainder. It doesn't matter if its 10 yrs old and the tribunal is not always on the renters side.

I would start my asking my tenant to get their own quotes and get the top replaced. This may work out cheaper for them. There are few cabinet makers on Gum Tree that could help out and give a reasonable quote.

Renters also have to bare in mind if they start refusing to pay for damages they have caused, how will this look when they want to move on to another rental and references are then sort after.

Scotty1

Hi Richard,

I am in NSW so can't offer any help with VCAT, however these people can

http://www.tuv.org.au/
We have an equivalent organisation in NSw and it should be worth giving them a call and getting advice. They will have the most experience of VCAT.

On their factsheets, they give some advice about landlords not being able to claim the cost of something new when it was not new to begin with.

Make sure you have evidence of your offer to pay an excess or an amount towards the cost. Also copies of any quote you have had. Prepare your case clearly and base it on evidence. Take photos with you.

Good luck and let us all know how you get on

jad n rich

As a landlord we made a claim on insuranace, not only did we have an excess to pay but the premiums on all house/contents insurances went up for the next 5 years as we had made a claim.

Zambia

Very Curious to hear how this works out #

My money is on the tenant having to pay something?

Zen10

I agree but references are easy to get round. All they have to say is they were living with a friend and this is their first rental, among a number of others.

mnicona

Zen10, 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

RedDragon2008

Accidents happen

You are not hood winking as people suggest. You are just trying to resolve the issue without it being blown out of proportion.

Suggest you approach kitchen people to look for a match as you suggest and go to the agent with the proposed repair (solution to problem is all they care about). As a landlord a tenant fixing a repair when an accident has happened is no problem, why would it be?

But I would suggest you stop blaming the daughter when you and hubby were .......

paddyo

Very good!!

paddyo

Lots of advice here and some good stuff too.

My penny worth is to approach the VCAT Tribunal as an interview. Be polite, accommodating (no pun intended), and have all the email and letters that trail this particular issue.
Also if you have any messages/letters/emails from the Rental Agent stating how good you are/have been etc will help with your 'tenant character'.
Smile at lot, it makes people feel uneasy and think that you have a big wham to give them at the end so they will want to compromise early!

Any evidence of age of the worktop, evidence of quotes to repair, evidence of offers you have given to offset the cost to the owner bring with you. Get some form of breakdown from the company who gave the $2200 quote as to how they provided that quote and on what basis.

Above all else, be apologetic to the Tribunal and appear 'perplexed' that it has come to this when all you wanted was to move on and ensure everyone was happy with a satisfactory outcome.

Be the 'victim' who is conciliatory and always look suprised at the Owners comments.....that may help in showing them in a bad light.

One final thing.....keep your bloody daughter away from the Tribunal!!!

OakTree

Given the 10++ year age of the bench top, I am pretty sure VCAT will only award them a part cost of replacing it and not expect you to shoulder the entire cost.

I think you should prepare yourself by getting as many quotes as possible for replacing it with a similar quality bench top. Take the bottom 3 quotes as your guide and then offer to pay a part of it.

What is the benchtop made of? Is it possible to remove the mark - may be worth checking that angle?

LeeWillo

I would just like to re-iterate my previous post, you want to know if the quotes are excessive so here are the options:
1. Look in a local newspaper, ask a Joiner to come and measure up and give you a quote for a replacement worktop of similar standard.
2. Go to Bunnings, price up the cost of replacement worktop. Add 10% for screws / silicone / edging etc. Assume it will take a day at say $60 per hour then work out the cost for yourself. If there are hob rings / sinks / large breakfast bars this will take longer so you may need more than a day.

In fact, give a description of the kitchen and I will give you a budget quote. Yoiu may find the quotes you have been given are quite reasonable as it is from someone the landlord or agent uses a lot, so they give them a good price.

cresta57

I thought he'd already moved out mate [damage picked up on exit report] so any quotes will be harder to get.
I've done a lot of this type of work when I worked for insurance companies. No matter how careful you are it's very easy to damage a tile or two on the splash backs. I always sit my tiles on a 2mm spacer to give me somewhere for the silicon to go rather than gunk it up the tiles & the bench-top, not everyone does so tiles are often tight down, easily chipped.

LeeWillo

Sorry I thought they were still there, as you say very difficult if out now. I have been involved with insurance work too. You are very correct, if tiles come off, and break then can't match them, could end up having to pay for the whole kitchen re-tiling which may be only a splashback or could be full walls. Maybe there is an element of risk included in those quotes.

The_Griswolds

Rather than replace part or the entire worktop, maybe get a quote to have them resurfaced, may work out cheaper. I came across the site below via google, I have no affiliation or experience of this company or product

http://www.aircoataustralia.com.au/benchtop.htm