+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 10 of 14
  1. #1
    Join Date
    Feb 2014
    Posts
    3,198
    Thanks
    312
    Thanked
    960
    Reviews
    13
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts

    Default Should they pay whole cost or half

    Our tenants have (admitted) damaging the benchtop. So not general wear and tear. We can claim against the bond.
    I've read up that a benchtop is a capital expense deducted at 2.5% over 40 years.
    It's currently 10 years old so.
    I now can't find any info on if they must pay full depreciated amount or if we go halves in replacement. Any help would be appreciated.
    Last edited by maternidade; 04-06-2014 at 00:54.

  2. #2
    Join Date
    May 2009
    Posts
    4,786
    Thanks
    1,021
    Thanked
    2,246
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    What is it made of? 10 years is a fair bit of time. How damaged is it? What did they do to it?

  3. #3
    Join Date
    May 2012
    Posts
    898
    Thanks
    391
    Thanked
    218
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    You won't win if it ends up in court if you try to charge them full cost of replacement.

    It's 10 years old so it wasn't new before the damage so they can't be expected to replace it with new.

    However if the bench top is in sections (ie. Has joins) then what I have seen previously deemed as fair is the cost of just one section of the benchtop.

    Another thing to remember is if you just get quotes to do it and then end up in court fighting them and the property has been re-rented, then it hasn't affected the rentability of the property, it is unlikely you would be awarded costs.

  4. #4
    Join Date
    Feb 2014
    Posts
    3,198
    Thanks
    312
    Thanked
    960
    Reviews
    13
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Sorry I'm expecting the depreciated value which is why I put figures in. According to the ato a 10 year old benchtop has only served 1/4 of it's life and according to tenancy legislation I'm well in my rights to charge the depreciation value. Just can't see what legislation is around to if that's the full depreciated value or 50/50

  5. #5
    TheGooch's Avatar
    TheGooch is offline Winner 2014 - Newbie of the Year
    Join Date
    Jan 2014
    Posts
    4,789
    Thanks
    8,047
    Thanked
    4,139
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Awards:
    100 Posts in a week
    On my experience in tribunal in Victoria, depreciation tends to be done in a really basic way. 10% per year for 10 years. Although realistically a bench top should last longer than 10 years!
    And my experience was mainly with public housing tenants, not private and even though the legislation is the same, regardless of the landlord, tribunal members do on occasion apply the law differently.
    Do you have evidence of the condition of the bench before the damage? And can prove it only needs replacement because of the tenants negligence or malicious damage - if that's what it was?
    Maybe get some quotes for the work and then speak to them. See what their offer is and decide if that's acceptable to you.
    Always best to try and resolve between yourselves rather than let it go to tribunal.

  6. #6
    TheGooch's Avatar
    TheGooch is offline Winner 2014 - Newbie of the Year
    Join Date
    Jan 2014
    Posts
    4,789
    Thanks
    8,047
    Thanked
    4,139
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Awards:
    100 Posts in a week
    You can definitely charge them a depreciated amount, I'm just not sure what the depreciation should be.
    I would suggest 50% would be more likely. But, chat to the tenants first and see what they say

  7. #7
    Join Date
    Feb 2014
    Posts
    3,198
    Thanks
    312
    Thanked
    960
    Reviews
    13
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    The depreciation schedule is straight from the ato so federal legislation. Capital works asset over 40 years @ 2.5%. They have admitted due to their careless behaviour it has damaged to benchtop so there is no disputing this factor, I have that in writing. Yes it still "functions" but is a big enough boo boo to impact when we go to sell. We've had issues with the agent but I asked what they deem as fair based on this.

  8. #8
    Join Date
    Jun 2007
    Posts
    2,764
    Thanks
    7
    Thanked
    465
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    My parents investment property was in a terrible state when the last tenants left, including two burn holes in the bench. My parents ended up taking them to court and got a payout, but surprisingly the judge didn't give them anything for the bench, saying it was expected wear and tear.
    I'd ask the tenants to go halves with replacing it.

  9. #9
    Join Date
    Jun 2009
    Posts
    4,109
    Thanks
    1,604
    Thanked
    2,085
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Is it going to depend on the type of damage and if it is possible to repair it (since it does not impact on function)? As an investor, obviously you want to keep your property value up, but as a tenant, if it doesn't actually 'need' replacing they may argue that they should not have to pay for it to be replaced, just repaired.

  10. #10
    Join Date
    May 2014
    Posts
    2,670
    Thanks
    1,005
    Thanked
    2,414
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Good luck. We had a tenant put his cigarette burns out in the carpet and we were told it was 'wear and tear.' We had gone through a housing commission company who were supposed to pay for any damage done to our house (the real estate did a great job at 'selling it' to us)...in 15 months our light pink (yes it was ugly, but clean) carpet had been turned brown with filth and had cigarette burns all over it. They argued they made the tenant put a rug over the carpet to protect it and we had to expect some wear and tear. The real estate sided against us (obviously they get more rentals from the housing company than just with one random person) and we fought to get $200. They were arguing that no one knew how old the carpet was, we only got the $200 because I could show them photos of the carpet 4 years earlier when we bought the place. It cost us $2 000 to replace the carpet
    We were lucky in the sense that we were selling another property of us with the same real estate and owed them $3000 for professional photos and advertising. We pulled out of our contract and refused to pay the money for the photos and advertising for our property so it worked out okay in the end for us financially.
    Anyway, I guess my point is don't expect them to pay for it full if you have to go through legal channels to get your money back. It's really crap that a tenant can admit to damaging your property but not be made responsible to pay for the cost incurred.


 

Similar Threads

  1. Half vent, half WDYT? Hungry 5 mth old on formula
    By mamaof4 in forum Weaning & Starting solids
    Replies: 12
    Last Post: 03-03-2014, 19:16
  2. Replies: 15
    Last Post: 18-02-2014, 20:12
  3. Are you a glass half full or half empty kind of person?
    By CleverClogs in forum General Chat
    Replies: 37
    Last Post: 10-11-2013, 14:21

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
free weekly newsletters | sign up now!
who are these people who write great posts? meet our hubbub authors!
Learn how you can contribute to the hubbub!

reviews
learn how you can become a reviewer!

competitions

forum - chatting now
christmas gift guidesee all Red Stocking
Springfree Trampoline
Give the Ultimate Christmas Gift Springfree Trampoline
The World's Safest Trampoline™ is now also the world's first Smart Trampoline™. Sensors on the mat detect your every move and your jumps control fun, educational and active games on tablet. Secure the Ultimate Christmas Gift today!
sales & new stuffsee all
Bub Hub Sales Listing
HAVING A SALE? Let parents know about it with a Bub Hub Sales listing. Listings are featured on our well trafficked Sales Page + selected randomly to appear on EVERY page
featured supporter
Hunter Women's Health Centre
Hunter Women’s Health Centre care for women of all ages, in the full spectrum of their gynaecologic and obstetric health.
gotcha
X

Pregnant for the first-time?

Not sure where to start? We can help!

Our Insider Programs for pregnancy first-timers will lead you step-by-step through the 14 Pregnancy Must Dos!