Real Estate Agent Taking Me to Tribunal

LGoodToGo on 22/10/2022 - 22:35
Last edited 23/10/2022 - 12:14 by 1 other user

We shifted out of a unit recently and before shifting we had a wardrobe door wheels give out. The door itself is fine and I thought we would report it to the agent after shifting. One of the robe wheels was not getting screwed in and he is asking $165 to replace it. It's a simple fix but we don't have the wheel.

In addition, he is saying one the bedroom walls is beyond fair wear and tear. He is asking $330 to paint it.

When I paid $100 for the total repair, he stopped my bond refund and referred case to tribunal. What's the go with this? Am I screwed?

Home & Garden

Comments

  • AustriaBargain on 22/10/2022 - 22:45

    Is this worth $230 worth of bother to you?

    • GoodToGo on 23/10/2022 - 00:27

      The total comes out to $495 so yeah, it is.

    • parsimonious one on 23/10/2022 - 11:40
      +1

      Better question is $495 worth the slime ball REA’s time and effort

      Firstly, it’s not their money anyways

      Secondly, unless it’s egregious damage tribunal will likely side with tenant or at least find a middle
      ground so it’s probably not closer to $250 they’ll get

      Third, the time the spend on it is precious time they can’t be ripping someone else off (ie opportunity cost)

      Fourth, if the landlord covers the cost it’s tax deductible and finally when it comes to the REA, see first point

      • AustriaBargain on 23/10/2022 - 12:38

        Fifth, at the tribunal OP could be confronted with photos of a disgusting wall and smashed up wheel, meaning he has to pay anyway and is embarrassed.

        • parsimonious one on 23/10/2022 - 17:42
          +1

          I believe that is covered by the second point

  • MS Paint on 22/10/2022 - 23:33
    +2

    Username does not checkout

    • SF3 on 23/10/2022 - 00:35

      From a tenant's POV it does, not from the REA's POV it seems.

    • payless69 on 23/10/2022 - 07:17

      user has no location and expects us to know

  • USER DC on 23/10/2022 - 00:23

    What I think is that real estate agent has ZERO incentive to give your the best price for a repair fixup, they probably got other $h!t to do. Landlord would want real estate agent to handle this all, and real estate agent just gonna go to their general repairmen for quote and send you that quote.

    I mean it could be worse if e.g. he's sending you quote higher than what he got from the repairperson.

    And often repair people now charge CALL OUT FEE so real estate agent likely to put that on your bill too.

    • GoodToGo on 23/10/2022 - 00:27

      Yup, they are making the most of it. I am trying to figure what tribunals would do in such cases.

      • USER DC on 23/10/2022 - 00:29

        if you caused the damage, then tribunal would likely ask it to paid or fixed by you.

        if damage wasn't from your fault then I am unsure what would happen

        • parsimonious one on 23/10/2022 - 06:28
          +3

          Nah, take it to the tribunal

          1) REA are renowned POS and tribunals anecdotally are sympathetic to renters

          2) if the wardrobe was old and towards its end of life the broken wheel may be fair wear and tear and even if it is you have to factor how fair in to the useful life of the product it is and then remove the depreciation component

          Don’t be scared of the tribunal

          Worst case is they’ll make you pay what the REA is asking, most likely they’ll mediate a middle ground

          Hopefully you took photos etc (but I’m guessing you didn’t 🤷‍♂️)

          • Shoocat on 23/10/2022 - 08:05
            +2

            @parsimonious one: So much this. Wait for the hearing and state your case, including that you offered the RE a reasonable amount.

            I don't believe you should pay for the wardrobe anyway, as this is wear and tear, but also a faulty door that is the owner's responsibility to fix.

            RE just trying to scare you into paying up.

          • GoodToGo on 23/10/2022 - 23:50

            @parsimonious one: Photos of what exactly? I did take pictures of the apartment when I moved in and it was in pretty poor shape.

            • parsimonious one on 24/10/2022 - 08:06
              +1

              @GoodToGo: Photos of the condition prior to your tenancy;

              If you have photos showing thing were in poor condition when you took over the place then you’ll be in a much stronger position to reduce the amount you may be liable for as you can argue that

              a) there was pre-existing damage
              b) the property was in need of repair anyways and thus towards the end of its useful life (see the example I posted below which shows how depreciation and expected lifespan of fixtures reduces tenant liability)

              Don’t let the REA bully you!

  • CodeXD on 23/10/2022 - 00:44

    If you believe that the quote provided is too high, then you will need proof of this. Can you get a repairman in and provide a secondary quote? The effort is probably going to be more than the cost they are asking for. You will probably need to pay a call out fee too.

    Its a simple fix but we don't have the wheel.

    You need to take into consideration the cost to buy the wheel and install it. A lot of tradesman have minimum 1 hour fee.

    one the bedroom walls is beyond fair wear and tear

    Once again, if you don't believe this is a fair price, you can always get quotes from someone and argue. How long have you been living there for? Was there any damages done to the wall due to your part/negligence?

    • avoidfullprice on 23/10/2022 - 08:59

      From OP

      When I paid $100 for the total repair, he stopped my bond refund and referred case to tribunal.

      Implies OP has fixed the problem. Reading on I have no ida what OP has fixed!

      Regardless, OP should have no fear to the tribunal, whichever state/territory OP is in

  • bobbified on 23/10/2022 - 01:12
    +1

    Its a simple fix but we don't have the wheel.

    You said the wheel wouldn't screw in, but then you're saying that you don't have the wheel. Where is it?
    If it's actually just "given in" like you said, then it'll probably be "wear and tear".

    In addition, he is saying one the bedroom walls is beyond fair wear and tear.

    What in particular about this wall does the agent think is beyond wear and tear? Did you have enough rough sessions against that wall to damage it? Dos it have fingernail marks or something down the wall? If you agree and it is damaged, then you should pay the reasonable price to fix it. Not just a part of it.

  • jonoo on 23/10/2022 - 01:21

    I hate to tell you this but if you're in Vic you could be waiting 2 years or more for a hearing so it might be worth it to you to just pay the money they are asking.

  • Campbellske on 23/10/2022 - 02:35

    You should have reported it prior to moving as you lost the wheel yeah? You'll probably win in VCAT if you're in VIC anyway lol

  • AndyC1 on 23/10/2022 - 09:31

    Did you take photo's once you left?
    Do you have photo's when you moved in?

    If not you will have to pay or waste time and probably loose at the tribunal as you have no proof that the unit needs fixing.

    • parsimonious one on 23/10/2022 - 18:39

      Onus is on REA to demonstrate that damage is beyond fair wear and tear. Plus costs are usually pro rata as per example below from

      https://thepropertyexchange.com.au/property-management/fair-…

      An example would be a situation where a tenant gouges a floorboard in a bedroom. Even if the entire floor in that bedroom has been re-sanded and sealed to rectify the issue, the tenant would only be liable for the specific area of damage, i.e. 20% of the room. This would mean that the tenant would pay for 20% of the cost and the owner would have to cover the remaining 80%. Then on top of this, it would also factor in age/depreciation.

      For example, the floor has a 7-year lifespan and the flooring was 3.5 years old – therefore ½ of the floor’s depreciation value has already been expended.

      If it costs $1,000.00 to sand/seal the floors in that room, we have to then factor in the existing depreciation of 3.5 years (1/2 life), reducing the cost from a tenants liability perspective from $1,000.00 down to 500.00 (being ½). Then from this remaining $500.00 allowing 20% = $100.00. This would mean the tenant would be liable for $100.00 and the owner would be liable for the remaining $900.00 of the repair.

      • AndyC1 on 23/10/2022 - 18:43

        So you are saying it's okay to possibly waste a whole day at the tribunal and not spend any time before the tribunal meeting in order to rebuff/contradict the REA?

        • parsimonious one on 23/10/2022 - 18:47

          I have no idea how you inferred that from my comment

          I am however disagreeing with your assertion that if the OP doesn’t have photos he will “loose”

  • thatonethere on 23/10/2022 - 23:06

    Generally the REA charges the landlord for tribunal appearances (about $300-$400 per appearance). So they are pretty confident or have time to burn (ie lose but LL will pay them).

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