Normal Wear and Tear Vs Major Damage

regretfulshopper on 24/03/2020 - 09:08

Hello eveyone,

I sublet a property ( lease is in my name; REA aware and ok with it) and as I've been working from home the last couple of days, I've noticed some damage I'd like to clarify on.

TL:DR : I have damage to the property, skip to the image links and tell me if Q1 is normal wear and tear for a 10+ house and how to approach REA for Q2

Question 1

The house was built in 2010 and had been continually rented since then; I moved in 2014 and have been here since. Prior to me moving, there was already floor damage as shown in the pictures below. I don't have any photos of this from 2014, but our current furniture setup has been in place since 2017 and there is no furniture where these marks exist ( I have photos from 2017 showing our current furninture setup)

Considering the age of the property and when these marks were incurred, would this fall under normal wear and tear or would I be on the hook if I was to move out?

https://imgur.com/a/CmikzYG

Question 2

My housemate is moving out and this morning, alerted me to the fact that she had a candle burning in a copper pot..ON THE CARPET. There is a huge burn mark as the pot obviously, heated up and burned the carpet underneath.

This is NOT normal wear and tear and I'm wondering how to approach the realestate in regards to this. The carpet in her bedroom is one carpet with the carpet in mine and the stairs. Additionally, this carpet is 10+ years old, so it would be up for a change, however, the sheer size of the burn mark is problematic.

https://imgur.com/a/7Wp7Ggx

I'm open to any opinions or experiences relating to "older" homes and wear + tear. As well as how to approace the REA on the burn damage ( the bond is split equally across all housemates with all of us registered to it)

Thank you

Home & Garden

Comments

  • John Kimble on 24/03/2020 - 09:19

    What did the floor look like when you moved in? Compare the photos.

    Edit: Just noticed you have no photos. Oh well.

    • regretfulshopper on 24/03/2020 - 09:24

      The house had the existing marks, but, no photos. They are mentioned in an annual inspection visit however.

      • crashloaded on 24/03/2020 - 11:33

        Try searching the address for old leasing adverts to obtain photos?

  • Pratty on 24/03/2020 - 09:24

    Good luck!

  • Dumax on 24/03/2020 - 09:38

    Are you actually sub-letting (i.e. you are the head-tenant and provide rental receipts to the sub-tenant) or co-tenants? This will help define your obligations.

    Some good reading regarding question 1 is the Floor finishes, timber and polished floors guide. Your REA should have photos of the entire house (and they are typically required to provide these to you) so it wouldn't hurt to ask (don't be specific, just ask for the condition report upon the commencement of the tenancy). Have they been conducting regular inspections? Have they mentioned any concerns about the floors?

    For question 2, unless you address this before your housemate leaves you will be on the hook for the burn to the carpet.

    • regretfulshopper on 24/03/2020 - 09:50

      They have been doing regular inspections and the condition of the floors has been noted. Trying to get the REA in today, because my housemate is leaving this weekend

  • apsilon on 24/03/2020 - 09:46
    +2

    FWIW I have hard wood floors that had the carpet removed ~15 years ago and the wear and tear is insignificant compared to what you've shown for 10 year old floors. Without pics showing what they were like when you moved in I wouldn't be surprised if they ask for compensation.

    The carpet clearly needs to be replaced. Regardless of age (personally I think carpet should last more than 10 years) I would expect you to pay for replacing the carpet in that room.

    • regretfulshopper on 24/03/2020 - 09:53

      totally understandable, however, this wear and tear existed prior to my move in. No additional wear and tear has been sustained in that area

      • brendanm on 24/03/2020 - 09:56
        +2

        You would have to prove that, and you have no photos. Did you note it on your entry form?

        • regretfulshopper on 24/03/2020 - 10:10

          The wear and tear on the floorboards is noted on the condition report at the start of tenancy ( my tenancy)

  • ItsMeAgro on 24/03/2020 - 09:48

    Burn mark is not "normal wear and tear" but I was told there are rules about how often you must change the carpets in some states (as little as 10 years) so if the carpets are old, they can argue that you should have replaced them anyway, and then they are not liable to pay replacement cost for you.

  • regretfulshopper on 24/03/2020 - 10:30
    +1

    A quick note ( especially if anyone happens to search for a similar topic). The floorboards are not wear and tear, but I've confirmed that since they were noted prior to my tenancy and on the condition report, I would not be liable.

    In addition re: burn mark, sent photos off to the REA and the aim is to resolve costing prior to my housemate moving out. The advise my REA has mentioned he will be suggesting to the owner is varied; but will take into consideration the age of the carpet ( depreciation) and hopefully, the amount they come to is covered by my housemates bond.

    Thanks for all the comments on the thread

  • dtn72 on 24/03/2020 - 12:12

    As a landlord I have dealt with similar scenarios and find the tribunal will depreciate the carpet when determining compensation.

    The REA will try it on, but they would not be able to successfully claim for full replacement of the carpet, the tenant may have to make some contribution. Let's face it, 10 year old carpet is worth zero!

    Something to consider is using a piece of carpet from inside the closet to repair the burn mark, you would still need to pay for a professional carpet layer to do this but hell of a lot cheaper than replacing the entire room/house.

  • thatonethere on 24/03/2020 - 12:32
    +1

    From experience as a landlord, I've found it cheaper in the long run to just replace a room rather than patch. Patching is usually the domain of tenants try to go under the radar of the REA.

    As new people inspecting the house go "oh cool, new carpet in this room" - rather than "oh gross grotty patch. wtf happened in this room".

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