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  1. #1
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    Default I really need some real estate advice or just someone familiar with landlord rights

    So upon inspection of our place after the tenant has vacated, a hole was found in the carpet in one of our bedrooms.

    Agent notified tenant that fixing it would come from bond which she accepted. Agent called to tell me it would be fixed during the week that they will have to re-lay the whole bedroom, that they have matched the colour but the pattern was slightly different, the knot was a little thicker.

    I said it was ok as long as it was a close match which he assured me it was. Cue today where we have gone to inspect and the carpet is horrible. It's the wrong colour, pattern,shape... It's just wrong and the bedroom looks terrible.

    I'm just wondering if anyone knows what my rights are from this point. The agent should have shown us samples to approve.... Can we go back to tribunal and tell the tenant we want it fixed better or is our beef with the agent now???

    Is there any law rule that they go by when re-laying carpet and an exact match is not found???

  2. #2
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    I think rewind to the conversation you had with agent when he says it's a close sample. This is where you should have said, " I will need to see a sample before I ok you to proceed". I think you are stuck with it. Sucks though

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  4. #3
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    I would say it's nothing to do with the tenant - their side of it has been resolved and it's not their fault the carpet doesn't match as they were not involved in that decision at all. The tenant had fulfilled their requirement they don't need to pay again for the agents stuff up.
    You'll need to go to the agent but not sure how helpful they'll be. Hate to say it but you should have checked the sample first. Everyone's idea of 'close' is different, which is now evident. The agent might meet you halfway on another replacement to keep your business so worth a discussion if it is really that bad.

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  6. #4
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    Your agency agreement will state you give the agent authorisation to make repairs up to a certain amount without your approval ( usually $500) any repair over that amount they need your approval - technically they got it when you agreed and yes their idea of colour and pattern may be different to yours and yes I would have asked for a sample but to fight it you would probably lose unless they did something deceitful or illegal ( the cost to fight it honestly would not be worth it) so if it's really bad you could ask the agency owners to replace it as it was different to what you assumed and hope for the best

    If it really is that shocking I would give them notice and change agents any way as you won't be able to rely on their judgment for any future repairs

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