Oven Damage in Rental. What Are My Rights

pencilhead on 22/09/2020 - 22:08
Last edited 23/09/2020 - 00:01

We have been renting an older house while our house was being built.
The rental had a new oven when we started renting. The owner made a bit of a deal about looking after the oven so I put a silcon/teflon protector on the floor of the oven in an attempt to protect it.

The "protector" went white with the heat and stained as well as damaged the coating on the floor of the oven. Apart from the damage to the floor of the oven, it is in perfect condition

I will take responsibility for the damage that I caused to the oven, but would like to know my rights.
Can the owner claim the full cost of a replacement oven or only a reasonable part of the cost? What is reasonable?

A new oven that is similar is about $1100

https://files.ozbargain.com.au/upload/280034/83016/20200922_…
https://files.ozbargain.com.au/upload/280034/83017/20200922_…

Home & Garden

Comments

  • tsunamisurfer on 22/09/2020 - 22:23
    +6

    Apart from the damage to the floor of the oven, it is in perfect condition

    No it is not….it is unusable. Who wants to taste burnt plastic/silicon everytime they bake or grill something?

    I will take responsibility for the damage

    If you are taking responsibility, you would not be asking whether you only need to pay a 'reasonable' cost.

    The oven was given to you NEW with one simple request to take care of it.

    You rewarded that by laying silicon on the bottom and turning the oven to thermo nuclear

  • toniyellow on 22/09/2020 - 22:29
    +1

    If you ended up at VCAT over this generally you would be ordered to pay

    compensation for the depreciated value of goods rather than their replacement cost or original purchase price. Guidance about the depreciation rates for different items can be found on the Australian Taxation Office website.
    https://www.legalaid.vic.gov.au/find-legal-answers/housing-a…

  • Daniel Plainview on 22/09/2020 - 22:30
    +2

    Is a crap situation as it seems you had the best of intentions but a fair assessment would be that you made an executive decision to place an object you chose in the oven. Said object caused damage to the oven - therefore you are responsible for either the full costs of rectifying the damage done to the oven i.e commercial cleaning/repair or replacement of the oven IF the damage you did makes it unusable.

    You may find that the owner is open to accepting a lesser cash payment to cover the lesser 'value' of the oven you damaged.

    You have to look at it from his perspective - and alas despite best intentions you are solely at fault and thus accountable.

    I would take up any damages with the retailer or maker of this product as it seems like it was not fit for purpose and as such under ACL you may be able to claim any damages you were held accountable for. Best of luck. :-)

  • [Deactivated] on 22/09/2020 - 22:31
    +3

    Your rights are to pay to rectify the oven and to not need to pay a penny more.

    If the cost of repairing the problem is replacing the oven, then it is your right to pay for it to be replaced.

    Whilst your intentions were noble, your execution was poor. If I went above and beyond to prevent an accident and reversed right into another car, I'm still responsible for the repairs all the same.

  • Tasmaniac on 22/09/2020 - 22:33
    +1

    Can it be replaced and who would do the work ?
    You need to arm yourself with a game plan.

  • Seraphin7 on 22/09/2020 - 22:43
    +1

    You have the right to restore the oven to the state it was in when you first came to use it, less reasonable wear and tear.

    Reading between the lines of your post, it sounds like the oven is still effectively "new" and so that reasonable wear and tear would be negligible. It sounds like whatever you have done is permanent and cannot be "restored". You should prepare yourself for paying for a new oven.

  • The Value on 22/09/2020 - 22:44
    +1

    Is it obvious that it's damaged? Could just be wear. I would ignore it unless they mentioned it.

    • AustriaBargain on 23/09/2020 - 01:45

      Except he was specifically told about the oven.

  • thatonethere on 22/09/2020 - 22:53
    +5

    Yeah don't put stuff directly in the oven floor. Not even foil you see some people do that. Best bet is to buy a cheap tray that fits and always have it on the bottom rack so any spill hits that. End of lease sling it into the skip.

    • Nalar on 23/09/2020 - 07:50
      +4

      This!

      Cheap as chips tray from the $2 shop, covered in Tin Foil, on the bottom rung. means you only have to clean the trays when you move.

  • pencilhead on 22/09/2020 - 22:58

    I've looked. The enamel is pretty damaged. I've googled, and I don't think it can be easily repaired. Best I could do is a paint over job. It would still be obvious that it has been repaired.

    This is going through a real estate agent, so I will need to find out what the owners reaction will be.

  • minniethemoocher on 22/09/2020 - 23:17
    +5

    Here's a page with people doing the same thing with Silicon/Teflon Liners. One person was able to clean the liner off with straight vinegar in a spray bottle. They soaked the entire inside of the oven, closed the door and let it sit over night. In the morning they I washed it down, and all the white residue was gone. https://www.houzz.com/discussions/4218926/silicone-liner-lef…. It might not try in your case but it's worth a try.

    • pencilhead on 22/09/2020 - 23:30
      +2

      Really appreciate the link. I've seen this already. Tried all those solutions. Unfortunately none have worked.

  • AustriaBargain on 23/09/2020 - 01:44
    +7

    Didn't take you long to ruin that new oven. Is there any chance you'd be happy to replace it and take the oven you ruined with you to your new house?

  • Meho2026 on 23/09/2020 - 03:39

    Just leave the whole place immaculate when you leave and don’t say anything about the oven.
    If the real estate agent identifies the damage and asks you then tell the truth.
    You didn’t intentionally cause the damage and although you are responsible they may be lenient.
    If they claim damages from you, reason with them that the damage is cosmetic and the oven is still fully operational. This might reduce the amount they claim.

  • bloom on 23/09/2020 - 07:10
    +1

    Replace the oven, if the existing is worth anything you can flog it on gumtree

  • lunchbox99 on 23/09/2020 - 08:04
    +3

    You are only liable for the depreciated value. Sure the REA and owner would prefer you just buy a new one, but they have already partially benefited from the tax deduction. So if it was me, I would look up the depreciation life of the asset at ATO and deduct that from the total cost.

    I suspect what the owner will do is not actually replace it at all and someone (REA or owner) will just pocket whatever you pay, so if you wanna play hard ball only pay if they provide a tax invoice proving it was replaced. Agents do this all the time - charge an outgoing tenant to repair something - but continue to rent the property as-is.

    On the repair front, have you tried Cerapol with a "magic eraser" ie melamine sponge? it's basically like a car polish (very fine abrasive).

    https://www.bunnings.com.au/mr-clean-eraser-pad-block_p00664…
    https://www.bunnings.com.au/hillmark-250ml-cerapol-ceramic-c…

    You can also get both at woolies.

  • This Guy on 23/09/2020 - 08:07
    +4

    What brand protector? If it was locally bought, and this was an advertised use, this is the shop that sold you it's problem, not yours.

    • spersephone on 23/09/2020 - 13:46
      +1

      Yes - what product was it? Was it advertised as being safe for use at those temperatures? Did you run the pyrolytic cleaning cycle on it, like in the Houzz thread? Or was this through normal use up to about 220 degrees?

      For example, this product suggests it can be used in the bottom of the oven up to 315 degrees https://www.petersofkensington.com.au/Public/Regency-Spillma…. If you acted on good faith, this would be something you would want to take up with the business you bought it from. The item itself says it should not be placed on the oven floor if there is an element on the bottom, but instead on the lower rack or on a tray.

    • pencilhead on 23/09/2020 - 22:10

      Aldi one. Not sure if it was a shelf liner / oven protector. Oven doesn't have cleaning cycle - Max temp was 215c

      • This Guy on 24/09/2020 - 08:30

        Did you go over 215C? It will be hard to prove you acted in good faith, but an 'oven protector' (if that was what it was named) with a max temp of 215C isn't really fit for purpose with a max temp of 215C.

        This is above my experience level, but I would contact them in writing, stating facts (I bought an Aldi over protector to protect my new oven. After using it for [X] months, I removed the protector to [the action that lead you to discover the damage] and found damage to the finish of my oven. What do you need from me to organise repair or replacement of my oven damaged by your not fit for purpose item that damaged my oven.)

        I personally would search for Aldi's legal representation and send it directly to them. Other avenues include talking directly with the store manager then going though your local tribunal, but you will need an expert report to prove the damage which will be costly if you don't have a friend or family member who will help you with this.

        Your receipt is very important. Original packaging will help

  • SelfMade on 23/09/2020 - 23:41

    Username checks out.

  • drillvoice on 18/10/2020 - 09:16

    Hi pencilhead, it's probably too late but I've looked over some comments and I think they are very wrong. If you'd like to let me know where things are at now I'd be happy to weigh in with some thoughts.

  • pencilhead on 05/12/2020 - 02:05

    Thanks all. Ended up negotiating $150 out of the bond - A good result I think!

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