Damage to a rental property can be caused either accidentally or negligently. The question is who is liable for the repair? Tenant or Landlord?
The answer is not straight forward, the cause needs to be investigated.
Tenants are responsible for taking care of the property and to promptly report any damage or repair. Arnold Property ask the tenant to provide a photo of the damage with an explanation as to how the damage occurred. Sometimes the explanation doesn’t match the photo supplied, further investigation is required.
Some tenants have a fear of reporting maintenance, despite having an obligation to do so. They don’t want to be labelled as complainers. Some might also think it will lead to a rental increase or a termination.
At Arnold Property all damage/maintenance is referred to the landlord for their instructions. When damage occurs, the tenant has an obligation to minimise the damage. They need to do what any reasonable person would do to mitigate the expense. Tenants also need to give the landlord a reasonable opportunity to complete the repair.
Some examples of accidental damage:
- Spillages on carpets
- Burns on carpets
- Window breakages – from a lawnmower
- Wall damage dents/scratches – from furniture or hanging pictures
- Torn curtains & insect screens
- Scratching/gouging timber or vinyl flooring
- Damaged lawns
Tenants need to understand their liability, they must also take precautions to prevent any accidental damage.
Tenants should consider taking out rental insurance, which could cover their liability in the above circumstances. It will also cover their contents against damage or theft.
Tenants may be liable for the full cost of the repair or an agreed amount of compensation towards the repair. If the damage cannot be adequately repaired, some allowance would need to be made for depreciation. Even when the property has been a rental for the whole depreciable life e.g. carpet, that doesn’t release the tenant from paying an agreed amount of compensation.
What can Landlords do
Landlords should consider landlord protection insurance. There are lots of companies specialising in this insurance. The fine print is a mine field to navigate. Arnold Property recommends that you use an insurance broker.
What landlords should consider when choosing landlord insurance:
- What is the excess per claim
- Loss of rent
- Malicious damage e.g. damaged walls, floor coverings
- Rubbish removal
- Yard maintenance
Landlords should not wait until the bond inspection to hold the tenant liable for a repair. The tenant can be breached and then a Tribunal Hearing if necessary.
Damage caused by pets:
- Damaged lawns & gardens – Holes, excessive wear
- Scratched floors, doors or door frames
- Torn curtain & insect screens
- Chewed timber decks, doors & skirtings
- Flea infestations
- Odour inside property
- Carpet/underlay/ floorboards damaged by urine & faeces etc.
Tenants do need to have the carpets professionally cleaned throughout and at the end of the tenancy.
Tips that might help prevent damage to the property:
- Provide padding for all furniture, especially for timber & vinyl flooring
- Fit door stops to all doors
- Ensure all windows are operating, sash cords and spirals
- Make sure heavy items are secured properly to walls e.g. tv brackets, mirrors artwork & shelves. (It Is best to use a professional tradesman for these tasks)
- Use a trolley to move heavy awkward appliances and items across timber & vinyl floors.
- Clean up spillages immediately to avoid them becoming a permanent stain.
- Avoid using bleach on floor coverings as this can cause permanent damage.
- Furniture legs can also cause permanent damage to carpets & vinyl
Tenants should report damage immediately, agents should also report maintenance immediately to the landlord, as well as make recommendations to rectify any damage.
Steve has over 37 years Residential Property Management experience, please reach out if you would like to have a confidential chat to discuss your options for your rental property or to chat about anything in this article.
0419 947 980 or (02) 4969 2600 | mail@arnoldproperty.com.au
