Bond claim from rental

Lthe steve on 22/11/2021 - 11:02

I have just moved out of a rental property, and like a lot of people have been dealing with a few very minor details that have been picked up on the exit report. The detail these people go to is insane, there are over 300 photos to capture a 2 bed 2 bath unit and the details. We always looked after everything best we could, notified the property manager of any issues as they arose (leaking taps etc.) and got a professional bond clean including flea treatment as we had a cat.

There are a few deduction claims the property manager has made that I am willing to pay (some minor scratches on the bottom of doors from the cat trying to get in) and have notified the PM that these can be taken out. However one issue I don't think is reasonable is the cooktop -

The glass electric stove top has developed some scratching marks over the bottom left burner (my wife let some jam boil over). These are barely visible, it's only surface scratches from using a scourer pad (the green soft ones) and there is no massive damage to the cooktop. It still functions 100% as per normal. The PM got someone to take a look at the cooktop and the 'professional' who looked at it said the marks were from over-use and cleaning (obviously). The quote they were given was ~$500 to replace the glass top, and the owner was willing to pay half so we would need to fork out $250 for the replacement because of the marks.

I honestly don't think the cooktop needs replacing at all, you can barely see the marks and I'm thinking this is just a grab to replace a 5 year old cooktop. I think this should fall under general wear and tear?

I'm looking for some advice on whether it is worth fighting over this, or just paying the $250 and letting it go.

Financial

Comments

  • GG57 on 22/11/2021 - 11:11
    +3

    How much is your time worth?

    • the steve on 22/11/2021 - 11:16
      +4

      Less than $250, I'm more annoyed they think they think I'm going to pay for half a whole new cooktop because of a couple of scratches

  • Traveller107 on 22/11/2021 - 11:22
    +6

    Depends on the cooktop and the scratches. If it was a new impeccable $3000 Neff cooktop then those scratches from vigorous cleaning would not be wear and tear. If it was an old thing with wear and tear then they really shouldn't bother. Maybe share a photo so we can get a better idea?

  • MS Paint on 22/11/2021 - 11:24
    +6

    it's only surface scratches from using a scourer pad

    Why do people do this?

    I've seen damaged car paint from people using scourers.

    There is almost always a legit cleaning product for your needs that's doesn't do damage unless you try really hard. Eg. Car polish

    You should have used this with a microfibre cloth.

    Or even this kit with a sharp scraper.

    • Nugs on 23/11/2021 - 08:00
      +1

      "Why do people do this?"
      because they already have a scourer
      .

  • weezlebub on 22/11/2021 - 11:26
    +7

    well, to use their own wording
    "… the 'professional' who looked at it said the marks were from over-use and cleaning (obviously)."

    great, so that's wear and tear, expected and standard usage … "over-use" is not a suitable response, what if it were the toilet that had problems? the flooring? it's standard use

    • weezlebub on 22/11/2021 - 11:28

      as a side note, i went from a cheapie bunnings glass cooktop to a similar smeg item …

      the numbers and markings on the bunngins one wiped off with a soft chux, the smeg is happy for me to use a metal scourer on it without a scratch

  • mrvaluepack on 22/11/2021 - 11:33
    +3

    Its more work for them to fight you if you deny their claim.

    • [Deactivated] on 22/11/2021 - 12:08
      +4

      Yes op, Fight for it!

  • dasher86 on 22/11/2021 - 12:14
    +6

    I'd say the cooktop is wear and tear, and you shouldn't need only need to pay have the depreciated value of the said cook top any way if the owner was willing to pay half.

    • dasher86 on 22/11/2021 - 16:25
      +1

      man that was same bad typing on my behalf.

      I'd say the cooktop is wear and tear, and you shouldn't need to pay; if so, you should only need to pay half the depreciated value of the said cooktop if the owner was willing to pay half.

  • Drakesy on 22/11/2021 - 12:34
    +3

    Pics or it didn't happen.

  • eatcroissants on 22/11/2021 - 12:40
    +1

    Fight for it

    They always try to claim inflated prices

  • Seraphin7 on 22/11/2021 - 13:01
    +2

    Impossible to tell without having a look at it.

    Ironically, it's the cooktop that is actually more problematic here.

    It sounds like the cat has scratched up some paint/wooden doors. A quick sand and paint and it's good as new.

    Scratches on a cooktop though are, potentially, more significant as they obviously can't be dealt with in the same way the doors can.

    If these are the small scratches that inevitably build up through wear and tear, then obviously that is how they should be treated. On the other hand, if you've "gone at it" with the scourer and left a clear patch of scratching completely distinct from the rest of it, the LL may have a case.

  • wizzy on 22/11/2021 - 13:15

    the 'professional' who looked at it said the marks were from over-use and cleaning

    I wonder what the professional's definition of over-use is? How can you overuse a stove? Is this professional suggesting that you cooked food too frequently?

    • parsimonious one on 22/11/2021 - 18:38

      Exactly! It sounds like they have painted themselves into a corner with that. As someone said above use and cleaning sound like fair wear and tear.

      Though I’d avoid mentioning the scourer if you haven’t mentioned it already

  • Porker on 22/11/2021 - 13:33
    +2

    Sounds like wear and tear, and if professional had said it's due to 'use' and not 'misuse', then I'd be letting it go.

    It's not damaged due to negligence. Wear and tear is just what owner has to live with - seems they're trying to get a new cooktown or have unrealistic expectations that house will be the same at time of lease to end of lease.

  • JimB on 22/11/2021 - 13:48

    As a landlord, I suggest you fight it.

    Depending on which state, you can apply for the Bond from the Government Bond Authority.

    It's then up to the Agent to dispute the full repayment of the bond with evidence on why you shouldn't get the full bond back.

  • AndyC1 on 22/11/2021 - 14:04
    +1

    There is nothing stopping the REA and/or landlord from pocketing the money and not buying a new cooktop. If you were there for a few years then it would be IMHO wear and tear and therefore you should not pay anything.

  • [Deactivated] on 22/11/2021 - 14:11
    +4

    Sounds like wear and tear to me. Would absolutely fight that.

    • jv on 22/11/2021 - 14:48
      -2

      Sounds like wear and tear to me.

      Glass doesn't wear like that.

      It has been scratched. Our 15 year old glass cooktop does not have one scratch on it.

  • the steve on 22/11/2021 - 14:38
    +5

    Thanks guys, I decided to dispute this case.

    My years of corporate email experience and evidence collecting have been leading up to this moment. You can't have my money!

    • dirtybigbjelke on 22/11/2021 - 14:47
      +4

      I would also ask them to replace the cooktop first and then provide the receipt before you pay because you know that top is never getting replaced!

  • Donaldhump on 22/11/2021 - 14:42
    +1

    for those who need a definition of overuse

    https://www.ozbargain.com.au/node/382306

    • the steve on 22/11/2021 - 14:48

      Hahahaha, I hadn't seen this. Gold

      • Donaldhump on 22/11/2021 - 20:46

        has to be ozbargain's best troll

    • Seraphin7 on 23/11/2021 - 10:29
      +1

      An OzB Hall of Famer.

  • jv on 22/11/2021 - 14:43
    +1

    (the green soft ones)

    She should have used the blue non-scratch ones…

    • the steve on 22/11/2021 - 14:49
      +1

      If only my wife used the internet before cleaning….

      • jv on 22/11/2021 - 14:50
        +1

        The labelling is pretty clear on the supermarket shelves.

        We only ever buy the blue ones.

        The green ones are for pots, and they scratch…

      • weezlebub on 22/11/2021 - 15:07

        when it comes to wives, it comes down to one or the other … you're better off with a wife that cleans :)

  • bweiss on 23/11/2021 - 07:55

    I think you left out details, like how long you had been renting/leasing.
    The claimed amounts should be in proportion to fair wear and tear, which will be based on the expected life of the item (ATO depreciation guidelines are useful here) and how long you were in control of the item.

    If the ATO says it can be depreciated over 5 years, and you occupied for 5 years, the ATO says that item has zero value now, so the realtor trying to claim for it is moot.

    Things like cat scratches on the door sounds tougher, since houses have long lives. But things like carpets, ovens, microwaves etc do not.

  • Odin on 23/11/2021 - 08:39
    +1
    1. Claim first at the Gov bond claim website. Claim 100%. Most agents won't bother submitting a counter claim.
    2. If they do counter claim or if you didn't claim first. Fine. Go to NCAT. Most agents won't show up and you'll win by default getting all your bond back. If they do show up, members will find in favour of you if you're a reasonable person (sounds like you are,)
  • djk on 23/11/2021 - 09:18

    In my experience some agents/landlords are simply greedy and looking to use you to cover their expenses. General wear and tear is acceptable commensurate with the rent amount/length of tenancy.

    They bully hoping the tenant will fold.

    If you have the time and energy to fight it, go for it otherwise $250 is reasonably small compared to the aggravation they can potentially cause.

    If you are in NSW, then don’t expect much assistance from Services NSW, we found some of the rudest and most incompetent people work in the bond area.

  • fprjet on 23/11/2021 - 10:26

    if just from a scouring pad you would think they could be buffed out.

  • GourmetFoodie on 23/11/2021 - 16:35

    Definitely fight it. That should be wear and tear.

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