Is There a NSW Law That a Landlord Must Provide More than 1 Quote for a Repair to The Tenant?

Pornboy69er on 19/02/2022 - 12:41
Last edited 19/02/2022 - 14:23 by 1 other user

I can’t find any NSW Fair Trading laws to support my case.

LL is giving us a single ridiculous quote for a repair job, I do not know if the quote is from their family friend’s business, or if they went to the most expensive company available. Are they required by law to get several quotes?

I am no longer in the same state and work in the hospital, so unable to organise the quotes myself.

Also, a simple question, please do not take it beyond what I’ve asked. Yes, I caused the damage. Yes it was my fault. Yes I should’ve resolved it before I went interstate…

Home & Garden

Comments

  • tsunamisurfer on 19/02/2022 - 12:49
    +5

    Get a copy of the quote and contact several other trades people and ask for a quote based on the itemised list.

    • HeWhoKnows on 20/02/2022 - 20:20

      The landlord just wants it fixed
      The tenant also has the option also to get it fixed.
      If the tenant does want to do this or cannot then its up to the landlord.

      And OP has answered his question already so lets leave it at that….

      "Yes, I caused the damage.
      Yes it was my fault.
      Yes I should’ve resolved it before I went interstate…"

      And as a safeguard OP should have taken photos as well
      Too little. Too late.
      End of story. Stop complaining and Goodbye

  • pegaxs on 19/02/2022 - 13:11
    +4

    What is the damage and what is the quote. It could be a totally reasonable amount all things considered.

    ie: I ripped all the gyprock off the bedroom walls and took the mirrored doors off the built in wardrobe and they want $990 to fix it… Outragous!

    Or

    I moved my blender 19 years ago and left a tiny scratch on the bench and they quoted $27,269 to repair the scratch.

    • bobbified on 19/02/2022 - 13:56
      +1

      From this thread, it sounds like the garage roller door or carpet.

      • Pornboy69er on 19/02/2022 - 14:05

        Carpet. And the interesting point is we contacted the company and ended up the LL requested a more expensive carpet than was damaged.

        I just wanted to provide a solid piece of evidence to show the tribunal that 1 single quote is bogus

        • bobbified on 19/02/2022 - 14:11
          +3

          …and ended up the LL requested a more expensive carpet than was damaged.

          Assuming they're replacing a whole room? If you have proof that they're using it as an opportunity to try to do an upgrade (that'll mean that you have to know which carpet they had there in the first place), then tell them to get stuffed. Or negotiate to only pay a portion of the quote.

        • TimmyTims on 22/02/2022 - 14:20

          You could argue 1 quote is not a reasonable attempt to mitigate costs

  • Amaris on 19/02/2022 - 13:14
    +5

    I don’t think the landlord needs to provide you with more than one quote.
    You could always fix it yourself. If you don’t have the time to do that then you should pay what the landlord says it would cost them to fix your damage.
    Surely you can’t expect them to waste their time getting more quotes.

  • DemocracyManifest on 19/02/2022 - 13:19
    +1

    You can dispute at NCAT remotely if its wear and tear. But looks like you are going to pay for it. I'd just ring around and see but at this point you may have to wear it. Fair Trading are useless in tenancy matters: everything has to go through NCAT. To the point where if there is a adverse finding on a agent, YOU have to inform fair trading

  • oscargamer on 19/02/2022 - 13:39

    The quote needs to reasonable, both in scope and price.

  • AndyC1 on 19/02/2022 - 14:10
    +4

    They do not have to even give you a quote as you moved out and left the place damaged. The LL can organize anyone they want to fix your damage and the money it cost to fix comes out of the bond.

    The quote does not have to be reasonable as it needs to be done ASAP so the place can be re-let to a new tenant. ASAP costs more.

    • Settero on 19/02/2022 - 15:49
      +2

      It most definitely does have to be reasonable , a rush job can have a higher price, yeah sure I could be talked into that line of thought , but still needs to be reasonable, rush job would not be a blank cheque. Imagine trying to score 10k for a 2k rush carpet job.

      • AndyC1 on 19/02/2022 - 18:59

        The bond is the limit as this is where the money is coming from.

    • Pornboy69er on 19/02/2022 - 17:20

      The "damage" is aesthetic and does not hinder the new tenants which have been there for 1 month anyway.

      • AndyC1 on 19/02/2022 - 19:00
        +1

        Photos to prove how aesthetic the DAMAGE is without quotes please.

        • Pornboy69er on 19/02/2022 - 22:30

          Once again, people have taken this matter beyond what is necessary. The damage may or may not be aesthetic. Maybe I set the house on fire but my question was does the LL need to provide a competitive quote or do I need to pay the first quote the give me?

          • Amaris on 20/02/2022 - 09:30
            -1

            @Pornboy69er: You can get quotes and organise to get the work done yourself or you could pay the landlord to correct the damage you did. You can't expect him to find the cheapest quote on your behalf.

          • HeadTheWall on 20/02/2022 - 09:38
            +5

            @Pornboy69er: Quote is irrelevant, what is important is how much you are liable for.

            How old is the carpet in your opinion and how long you were renting for?
            In NSW carpet has an 8 year life, after that it is deemed worthless. As an example, if it is 7 years old then it is only worth 12.5% of what it originally cost, if you only damaged 2% of it then you are liable for 2% of 12.5% of the cost

            They cannot charge you to replace the whole carpet only the depreciated part you have damaged, they may try and tell you otherwise but that's too bad because they are wrong.

            https://www.ato.gov.au/Forms/Rental-properties-2021/?page=12

            You can also just apply for your bond back before them, if you get a claim in before them they will have to take you to tribunal which will cost them money.

            And

            • xylarr on 20/02/2022 - 10:40

              @HeadTheWall: THIS!!

            • Pornboy69er on 21/02/2022 - 15:33

              @HeadTheWall: What does Capital Works Deduction mean?

              If an 8 year old benchtop is damaged, going off the depreciation table you linked, how much is the tenant responsible for repairs?

              • Amaris on 21/02/2022 - 16:18

                @Pornboy69er: I think you and HeadTheWall are mixing up ATO depreciation and tenant's responsibilities. If you damaged a benchtop you can't say that the depreciated value of that is 0 so I won't pay for it!

                If you damaged something that’s not yours why don’t you be a decent person and fix it without trying to hide behind depreciation and without trying to get other people to do your work. For all you know the landlord also might be a time poor middle income earner who relies on their rental to supplement their income

                • HeadTheWall on 22/02/2022 - 09:33

                  @Amaris: No, I'm not mixing anything up. My post is specifically related to carpet and what you are liable for
                  And why should they pay for a brand new carpet for a full room when they have only damaged a part of it.

                  And the landlord will be using the depreciation schedule to write off tax, that is the very reason it is in the ATO site. That is the law, if you want to be a sucker and pay for something you don't need to then go ahead and be that fool

                  "For all you know the landlord also might be a time poor middle income earner who relies on their rental to supplement their income"

                  It's a business and these risks are all part of it, if the property owner has not looked into all the potential pitfalls i.e due diligence then that is too bad for them. If you're not suited to it then get out and take up less risky options.

                  This country eh, everyone thinks they can buy an investment property and then call themselves a business person

                  Being a landlord has lots of risks

                • Pornboy69er on 22/02/2022 - 11:58

                  @Amaris: Okay, so if I accidently damage 10 year old carpet, I need to pay 100% of the replacement costs?

                  Boy, I wish people actually read what I asked and answered that rather than make their own reality where the LL is poor and I'm burning their house on purpose…

              • HeadTheWall on 22/02/2022 - 09:26

                @Pornboy69er: 100% because they do not have a depreciation schedule and they don't wear out quickly like carpets

  • o53djz7qTPY4der on 19/02/2022 - 16:25
    +2

    Why does working in a hospital hinder your ability to get quotes?

    • mini2 on 19/02/2022 - 17:15
      +4

      Prolly a medico or nurse so they can't bludge like office plebs or work weird shifts when no one's awake to field OP's calls?

    • Pornboy69er on 19/02/2022 - 17:20
      -1

      Carpet place closes at 5. I finish work later

      • popsiee on 19/02/2022 - 18:24

        Haven't you heard of Air tasker ?

      • brendanm on 20/02/2022 - 16:49
        -1

        Don't get any breaks?

        • Lastchancetosee on 21/02/2022 - 09:59

          Now there's some humour working in the hospital sector.

  • SnoozeAndLose on 19/02/2022 - 17:31

    I think you should ask the LL to provide you with what carpet it is going to replace and what it is there originally and the size. you are only responsible to fix the area you damaged and it should be the price like for like not any upgrade.

    LL need to prove that the price they charge is reasonable and based on the above.

    Ask the LL to take you to NCAT if you think their charge is not reasonable.

    • 2esc on 20/02/2022 - 09:11

      But if the tenant only has to pay for say 1 square meter of carpet damaged and the room is 20 square meters it will be extremely unlikely to be able to find a match.

      Or imagine this a nice kitchen bench top and someone burnt it with a hot frypan at one end do they only have to pay for the 30 cm replace at one end of the 3 meter long bench.

      Or maybe a even more ridiculous example is a small crack in the corner of a window and saying I'm not going to pay for the whole window as that part is not damaged.

      • SnoozeAndLose on 20/02/2022 - 09:43

        It has to be reasonable, LL can claim a whole room for the carpet but not the whole house.

        Kitchen bench top example if it is make of wood then it can be repaired instead of whole bench top.

        Window example, if it can be repaired for a 'small crack but landlord decide to replace the whole window then tenant should be paying for the repair cost instead of replacing the whole window.

        LL can opt for replace the whole thing but it is not 'reasonable' to charge for the whole replacement instead of the portion that the repair would cost.

        So replace the whole roomto say $600 but landlord insist to replace the whole house for $2000, at most tenant should pay $600 not $2000, all ce down to reasonable.

        Quotation need to be itemised the very least and should explain why the tenant is covering for such item.

  • gimli on 19/02/2022 - 18:09
    +3

    I don't think they need multiple quotes.
    You are entitled to sort out repairs yourself to save money.
    If you can't do it yourself then your best best is to try be diplomatic and negotiate something with the agent/landlord.
    You can tell the landlord price seems expensive and you would like another quote before paying. Then they can decide whether it is easier to get quotes or take you to tribunal.

  • Summoner on 19/02/2022 - 18:19
    +1

    Inform the landlord or agent that you think the quote seems excessive, and ask agent for access to the property and get someone to inspect the damage and give you the quote.

    Next time, even if you are not home, you can ask tradesman to come and pickup the key from your work and attend the property for quote and repair, and drop the key back to you at work or mailbox when they are done. Sure they will add the fee for their trip, but you get to avoid situation like this.

    • SnoozeAndLose on 20/02/2022 - 09:44

      Very few tradie would do the pick up drop off key for quote,unless you are paying for them doing the quote

      • Summoner on 20/02/2022 - 09:49

        I am pretty sure i covered that clearly.

        Sure they will add the fee for their trip, but you get to avoid situation like this.

        Most tradesman would do it if you pay for their time. I understand they provide free obligation free quotations. I am just pointing out there are other ways, if you cannot make yourself available for the free quote. You can't have everything. You gotta decide if you want to make yourself availabe for free quote or pay them for it.

  • tabitha731 on 20/02/2022 - 07:43
    +3

    Ive never heard of a landlord even providing quotes cor repair jobs, obvs they would give u a quote u think is pricey, coz u didnt expect to pay that much for a repair. Your best recourse is to actually source a number of quotes yourself, get it done in the sane time you can meet them all, given ur limited free time. Then u have control of who is repearing it and how much u spend.

  • jrvb42 on 20/02/2022 - 08:29
    +1

    I am puzzled. If you are liable for some damage you caused, why is the agent/landlord even doing the repairs? Why are they involved?
    If you've involved them needlessly, surely they should be able to charge a service fee as well for their time and inconvenience. Should have fixed the issue yourself. Having involved the landlord, you can hardly complain about the cost.

  • avoidfullprice on 20/02/2022 - 08:43
    +1

    No law requiring them to give you multiple quotes, unless it is stated in your tenancy agreement.

    https://www.facs.nsw.gov.au/housing/living/rent-and-bills/te…

    What if I disagree about my responsibility or the repair costs?
    If you believe that you were not responsible for the damage or disagree with the repair costs, you must advise DCJ in writing when you receive your Tenant Damage Charges Notification Letter, stating the reasons why you disagree with the repair costs, and attaching any evidence to support these reasons.

    So unfortunately onus is on you to find a counter quote. And since you work in interstate, in hospital and also defensive to other commenters, then stiff shit pay up and move on. Simple answer and don't take it beyond what I wrote.

  • OzHunterNSW on 21/02/2022 - 15:27

    Ring the Dep of Fair Trading. Have you thought of that?

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