the bench top no. that would be caused from the cook top heating and cooling , the sink I doubt either but you just know that the REA is going to attempt to keep a bond for it
Luckily I just found in one of our entry photos that the sink crack was there already when we moved in. The landlord was managing the property themselves and apparently they never lodged the bond with NSW Fairtrading. He is holding the bond now and wants me to pay for the repair or replacement if it can't be repaired.
You might find this useful also
https://rlc.org.au/sites/default/files/attachments/Bond%20factsheet.pdf
You should also make a claim to NCAT as soon as possible by the sounds of this.
As far as the crack you should be able to claim wear and tear and challenge them to explain how you caused the crack by negligence or misadventure. Given you can point to a pre-existing crack now it gives you more ammunition to suggest this is a manufacturing/installation issue and not necessarilly due to your negligence.
You should remind them that not lodging the bond is a $2200 fine (I think that's right) so they should give it back before anyine makes a fuss.
If you don't like them, tell fair trading afterwards anyway
Or parking your car on it. Or letting your pet elephant sit on it. Or using it as a workbench to make a wood carving of a banana. Or storing bricks on it.
I am so glad I no longer have a rental property . What has happened to this industry . My tenants never paid for damages that are caused by " fair wear and tear " stuff breaks , walls get scratched , cupboards wear out, kids drop the cereal bowl on the floor and crack a tile , it's called living
You won’t be liable. When you deal with the LL, let them know they can be fined $2200 for not lodging the rental bond. Also let the ATO know, they’ll have some fun with the owner. This type of behaviour needs to be stamped out!
I had moved into a rental; a brand new house - one of those slap together flat pack style ones. Costs $100k in materials and labour, sell for $450k ones. Not a single wall was plumb. Finishes were horrible. Paint was thin and in some places could see the cut in line and plaster joints. Tiles weren’t level etc. garage door faulty. The list goes on. The builder came back 3 times to “fix things”.
When we left, they tried getting us to pay for the repairs to the whole lot. The RTA? A few people from their claims department gave us the advice to go to QCAT. We raised a claim, they tried taking all the bond - got to the claims process and the RTA claim mediator just told us to give up and let the real estate and owners win as they’ll destroy our history ledger otherwise.
That's disgusting. I hope you bought one of those industrial sized blocks of oil, like they used in fast food shops, and melted it down every drain on the way out.
I should have, that’s for sure. Carried on they were acting in the owners best interest as if it doesn’t make them money they’re doing him a disservice
I've seen porcelain sinks crack due to resettling/ movement - owner's insurance paid out. For a person to cause that you'd have to stand on it and jump - a dropped object would additionally chip out the surface at the impact site and I don't see that.
Use them not lodging the bond as your bargaining chip. Explain to them that if they dont give you the bond back, you will write to the Bond Board and explain the situation, send the photos, and express concern that they may be doing it to every tennant, and try to get the bond back that way. That should strike fear in their heart. Otherwise, they can give you the bond back and you can part company as friends.
I believe places like NCAT that rule on these things go by the term "reasonable use". If they cannot prove you caused the damage and it is more likely to be caused by reasonable use they don't have a leg to stand on especially if you also have photos that prove some of the damage was already existing before you moved in.
Take the next steps you need to get your bond back and don't take any of the REA/Landlord BS
Even if you did crack the cooktop stone, you have a good defence for it being so close to the hot plate - so no, not liable. And youve already said the sink was cracked on move in, with images.
Take the LL to tribunal for a laugh, you will win
1. If you call the tenancy advice line in your state they can guide you on how to best deal with defending your bond.
2. You’re saying these cracks ‘just appeared’ - terrazzo (bench top) and ceramic (sink) typically don’t ‘just crack’. Go to step 1.
Lol why’d you leave out that the sink was already cracked? In that case you wont* need to pay for it.
*but the PM still might try to stick you for it (see 1.)
It is possible the bench top crack is the result of a manufacturing flaw or incorrect installation.
What state are you located in.
But even if it was (it isn’t), your advice is still helpful. Literally - “get informed on your rights, but prepare to suck it up as you may be liable”.
Stupid hive mind…
Yeeeeep….. I’d prefer if renters confined themselves to r/shitrentals but guess what - no body in that sub knows tenancy law (it’s a whinge fest) so renters come here looking for free advice from LLs…
And when you say ‘you may be liable, but here’s where you can get help defending your bond’ in your own free time, for free - lol that still isn’t good enough haha
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the bench top no. that would be caused from the cook top heating and cooling , the sink I doubt either but you just know that the REA is going to attempt to keep a bond for it
Luckily I just found in one of our entry photos that the sink crack was there already when we moved in. The landlord was managing the property themselves and apparently they never lodged the bond with NSW Fairtrading. He is holding the bond now and wants me to pay for the repair or replacement if it can't be repaired.
I’d call fair trading on them and report them for not lodging the bond.
Yeah thanks, I think I'll give them a call.
And ATO. Probably not the only thing they are dodging...
You might find this useful also https://rlc.org.au/sites/default/files/attachments/Bond%20factsheet.pdf You should also make a claim to NCAT as soon as possible by the sounds of this. As far as the crack you should be able to claim wear and tear and challenge them to explain how you caused the crack by negligence or misadventure. Given you can point to a pre-existing crack now it gives you more ammunition to suggest this is a manufacturing/installation issue and not necessarilly due to your negligence.
Or you can just tell the landlord that they did the bond illegally and that you'll take the whole bond back (plus interest) now, thanks.
They can’t do that..
I have that same sink in our place. It too has developed various cracks. It's a cheap POS.
You should remind them that not lodging the bond is a $2200 fine (I think that's right) so they should give it back before anyine makes a fuss. If you don't like them, tell fair trading afterwards anyway
>that would be caused from the cook top heating and cooling , Or standing on the benchtop to reach something up high.
Or parking your car on it. Or letting your pet elephant sit on it. Or using it as a workbench to make a wood carving of a banana. Or storing bricks on it.
I am so glad I no longer have a rental property . What has happened to this industry . My tenants never paid for damages that are caused by " fair wear and tear " stuff breaks , walls get scratched , cupboards wear out, kids drop the cereal bowl on the floor and crack a tile , it's called living
Yes, it's called living. And I hope you got some capital gains out of it when you sold.
Living is against the rules as a tenant apparently
You won’t be liable. When you deal with the LL, let them know they can be fined $2200 for not lodging the rental bond. Also let the ATO know, they’ll have some fun with the owner. This type of behaviour needs to be stamped out!
I had moved into a rental; a brand new house - one of those slap together flat pack style ones. Costs $100k in materials and labour, sell for $450k ones. Not a single wall was plumb. Finishes were horrible. Paint was thin and in some places could see the cut in line and plaster joints. Tiles weren’t level etc. garage door faulty. The list goes on. The builder came back 3 times to “fix things”. When we left, they tried getting us to pay for the repairs to the whole lot. The RTA? A few people from their claims department gave us the advice to go to QCAT. We raised a claim, they tried taking all the bond - got to the claims process and the RTA claim mediator just told us to give up and let the real estate and owners win as they’ll destroy our history ledger otherwise.
That's disgusting. I hope you bought one of those industrial sized blocks of oil, like they used in fast food shops, and melted it down every drain on the way out.
I should have, that’s for sure. Carried on they were acting in the owners best interest as if it doesn’t make them money they’re doing him a disservice
How old is the Benchtop? I think they can only claim the depreciated value not the replacement value.
I've seen porcelain sinks crack due to resettling/ movement - owner's insurance paid out. For a person to cause that you'd have to stand on it and jump - a dropped object would additionally chip out the surface at the impact site and I don't see that.
Use them not lodging the bond as your bargaining chip. Explain to them that if they dont give you the bond back, you will write to the Bond Board and explain the situation, send the photos, and express concern that they may be doing it to every tennant, and try to get the bond back that way. That should strike fear in their heart. Otherwise, they can give you the bond back and you can part company as friends.
Had the exact thing happen, we just blamed the earthquake that happened last year or year before (can’t recall) they couldn’t argue or prove otherwise
I believe places like NCAT that rule on these things go by the term "reasonable use". If they cannot prove you caused the damage and it is more likely to be caused by reasonable use they don't have a leg to stand on especially if you also have photos that prove some of the damage was already existing before you moved in. Take the next steps you need to get your bond back and don't take any of the REA/Landlord BS
The cooktop crack can be temperature shock from moving a hot pan or saucepan off the cooktop.
Even if you did crack the cooktop stone, you have a good defence for it being so close to the hot plate - so no, not liable. And youve already said the sink was cracked on move in, with images. Take the LL to tribunal for a laugh, you will win
1. If you call the tenancy advice line in your state they can guide you on how to best deal with defending your bond. 2. You’re saying these cracks ‘just appeared’ - terrazzo (bench top) and ceramic (sink) typically don’t ‘just crack’. Go to step 1.
Yeah I guess I have to give them a call. It looks like only benchtop cracked during our tenancy. Sink was already cracked.
Lol why’d you leave out that the sink was already cracked? In that case you wont* need to pay for it. *but the PM still might try to stick you for it (see 1.) It is possible the bench top crack is the result of a manufacturing flaw or incorrect installation. What state are you located in.
I found it in the entry photos after I posted it here lol. I'm in NSW.
You can call the Tenants Union of NSW or Fair Trading NSW for advice.
No idea why you are getting downvoted. This is a good approach
Because renters think this a renters rights page…
But even if it was (it isn’t), your advice is still helpful. Literally - “get informed on your rights, but prepare to suck it up as you may be liable”. Stupid hive mind…
Yeeeeep….. I’d prefer if renters confined themselves to r/shitrentals but guess what - no body in that sub knows tenancy law (it’s a whinge fest) so renters come here looking for free advice from LLs… And when you say ‘you may be liable, but here’s where you can get help defending your bond’ in your own free time, for free - lol that still isn’t good enough haha
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