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.
+ Reply to Thread
Results 1 to 10 of 14
03-06-2014 23:50 #1
Should they pay whole cost or half
Last edited by maternidade; 03-06-2014 at 23:54.
04-06-2014 05:33 #2
What is it made of? 10 years is a fair bit of time. How damaged is it? What did they do to it?
04-06-2014 05:48 #3Senior Member
- Join Date
- May 2012
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.
04-06-2014 07:55 #4
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
04-06-2014 08:51 #5
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.
04-06-2014 08:53 #6
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
04-06-2014 09:05 #7
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.
04-06-2014 09:22 #8Senior Member
- Join Date
- Jun 2007
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.
04-06-2014 09:25 #9
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.
04-06-2014 09:32 #10Senior Member
- Join Date
- May 2014
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.
By mamaof4 in forum Weaning & Starting solidsReplies: 12Last Post: 03-03-2014, 19:16
By Alatariel in forum WeddingsReplies: 15Last Post: 18-02-2014, 20:12
By CleverClogs in forum General ChatReplies: 37Last Post: 10-11-2013, 14:21
Heinz Baby BasicsOur BPA Free range offers you a choice for every stage of your baby’s feeding development. You’ll love our ...
LATESTToilet training: when is the best time to start?Why it is OK for your child to be differentWhat is a blessing way? How is it different to a baby shower?
POPULARWhen can I start giving chores to my children?New baby nursery checklist – a guide to newborn essentialsWhat to pack for labour and hospital – a checklist
FORUMS - chatting now ...
Miracle March TTC and Testing ChatConception & Fertility General Chat
Implantation sickness?Conception & Fertility General Chat
Tell me about your high school reunion/s!General Chat
Food supplements for kidsGeneral Parenting Tips, Advice & Chat
Am I the only thread killer??General Chat
TTC later in the yearConception & Fertility General Chat
Seeking advice on more kidsGeneral Parenting Tips, Advice & Chat