Landlord Withholding Bond - Is This Repairable? (Solved)

Hey all,

My Landlord is withholding $600 due to a chip on the bathroom sink.

As quoted within the report:

"BROKEN PIECES on Master bedroom Wastafel or Basin. (We checked with a handyman and couldn't be fixed, so replacement cost $600)."

Is this reasonable?

Thanks.

Edit:

Forgot to mention I Accidentally dropped my cologne bottle over it.

Renting there for 3 years.

Landlord is also withholding $150 of the bond due to a ding on the kitchen surface.

Cheers.

Edit 2:

Thanks all.

I think some people might have misinterpreted my initial question (my fault!).

Just asking whether or not $600 was a bit too much to replace a sink, not whether I should be liable to pay it or not.

That being said, I have concluded that I will offer to pay a portion of the replacement cost.

Update: Thanks all, I have concluded that I will offer to pay a portion of the replacement cost.

Comments

  • +2

    Do you mean bond? Hard to see if it's reasonable or not as we don't know the brand or how it's installed, but doesn't seem outrageous.

    • I wouldn't call them wear and tear, I been living in three brand new properties for past 12 years and haven't had a such a damage even with a 5yo.

      But landlord asking for full replacement cost for bit of ding and dong is bit over the top. Perhaps check with tribunal for some half way point.

      • -2

        You've not had a ding anywhere in a rental over 12 years? I don't believe it. If that's the only bit of damage in the place after a 3 year tenancy I reckon it's pretty reasonable.

        • +3

          Aside from tenants and pets, I think it comes down to the quality and age of the materials at the property.

          I’ve lived in places with decent fittings that were tough as nails and a place were the bathroom and kitchen may as well have been made of cardboard (this was a near new property too).

        • I'm not kidding, there was paint damage, that was it. That was due to some so called pealable stickers for kid but I fixed it with paint (left over paint by the builder).

          I'm not saying what happened to OP was avoidable but still OP doesn't need to pay full amount.

  • +2

    How long had you been renting there? I don't know if that looks like fair wear and tear. $600 must include installation costs, but does seem a little excessive.

  • due to a chip

    woah… how did that happen!

    Looks like something heavy hit it HARD…. plot twist somewhere…

    • Accidentally dropped my cologne bottle over it.

      Just wanted to know if $600 is reasonable to get it fixed.

  • +2

    Did you cause the chip? Why didn't you try and get it fixed it on the way out?

    If they take your bond, it should an amount proportioned over the age and the typical life of the basin (although, I don't know what the basin life should be.. they seem to last forever!)

    • +1

      That’s a good point

      If it’s old then OP isn’t required to fully pay for a new one

      That being said, I agree one would expect a basin to last a long time and to me that does look like damage rather than wear and tear

    • Yup, accidentally dropped my cologne bottle over it.

      Just wanted to know if $600 is reasonable to get it fixed.

      Exactly 3 years.

  • +7

    Unlikely that is repairable.

    It will continue to chip away and become a hazard as it can become very sharp.

    $600 is probably reasonable taking into account plumber fees.

    Do you recall how it happened?

    Wastafel

    Who the f#$k calls a basin this in Australia?

    • +1

      Who the f#$k calls a basin this in Australia?

      Rich Dutch property investors of course.

      • +3

        Rich Dutch property investors of course.

        I wonder what their Dutch Ovens are like 😝

  • +2

    Get a quote yourself to see if it can be repaired for cheaper, to make sure the landlord isn’t bsing you.

    Surely this kind of thing can be fixed, it seems very wasteful to throw the whole thing out because of a chip like that.

    • +5

      Chip in a ceramic basin = new basin. That's not a repairable item. Will need new unit, installed by a qualified plumber, correctly sealed.

      • +9

        That's not a repairable item.

        Not with that attitude it isn’t.

        • And the bench top; $150 = getting off lightly. O.P. must have attempted to open a crown seal bottle on the edge. Those bench tops of synth stone are fairly tough,can be repaired but $$$.

          • @DashCam AKA Rolts: Honestly not sure how that came to be on the benchtop.

            Had to google what a crown seal bottle was, I'm allergic to alcohol unfortunately :(

            • @ipocoyo: Isn't there alcohol in Cologne?

              • @MS Paint: Yes, most of them do.

                Didn't want to be pedantic, it was an essential perfume oil bottle to be exact.

              • +8

                @MS Paint: Inspector muzeeb on the case, ops story rapidly falling apart. It was op, in the bathroom, with the hammer.

              • +2

                @MS Paint: I am in absolute shambles right now - and I would have gotten away with it too, if it weren't for that internet inspector!

                Congratulations on the biggest achievement in your life, you got me!

  • +6

    Landlord cannot "withhold" the bond - the bond does not belong to the land lord, but it's a bond that sits in limbo between the two of you.

    You can dispute, you will get a discount.

  • +5

    Cover it with resin, polish it a bit till it’s even and then coat it with an identical white paint

    • +1

      It's ceramic, paint is not going to do anything.

      • unless you use ceramic paint.

        • +3

          Whole basin and every other ceramic fitting in the bathroom to match.
          Looks like a fairly new fitting, ceramic paint is going to look nasty.

          • -1

            @DashCam AKA Rolts: Its a small chip in the basic in a low contact area, it can be easily repaired with the right material. you dont need to repaint the whole basin , just get a white gloss that is close enough.

            Are you the landlord btw ?

            • +9

              @amzinguserman: Not a landlord, but if someone did that to my property, I'd expect it to be rectified.
              I rented for 10 years in 4 different places. Never chipped a ceramic fitting in any of the rentals I stayed in, nor damaged a stone bench top.
              Neither damage in OP's post is expected/normal wear and tear.

              • -3

                @DashCam AKA Rolts:

                I'd expect it to be rectified.

                Which can be very easily without replacing the whole thing.

                Im glad we agree.

                • +8

                  @amzinguserman: You appear to be satisfied with a car panel on a three year old vehicle being hand painted with a fence brush.
                  I wouldn't call that rectified.
                  The damage by O.P. is not fair wear and tear, that appears to be a relatively new basin and a chip in a 20mm thick Caesar Stone or similar bench top. I think his landlord is justified in the claims made against the bond.

    • +1

      Too late now, the owner is already aware of it and will want it replaced.

      • +1

        OP must then take the broken basin with them considering they are going to pay for the new one from the bond monies

  • +2

    Time to move in to your own home, OP. Two ding and dongs in three years lol

    • -2

      Or at least get a doorbell to perform the ding dongs.

  • +5

    That may well be the replacement cost but you should not be paying that. At worst, you should be paying the residual value, not full replacement cost.

    They are not meant to be charging at replacement cost. The do not get new for old replacement.

    Put in this way, if you crashed your ozbargin friend's 2003 camry, would they expect you to buy a new one of the showroom floor for a replacement?

    The other thing to argue would be the loss in value of the item now that it is chipped. $50ish I reckon.

    And people wonder why landlords get a bit rap.

    • +1

      Depends on if you can get a second hand basin and also have someone install it. Basins could probably last 10 year minimum so say OP pays 30% of $600. Will you be able to find a 3 year old basin exactly the same? Probably take a day to call around and inspect for one of the same age.

      If only there is a basinsales.com.au obviously no winding back the usage.

      People on OzB is unhappy when they get pro-rata refund of decline in value on a graphic card.

      • +7

        This is not about replacing like for like.

        Say a sink lasts 15 years.
        A new one costs $600 (as quoted)
        Say the place is 5 years old

        The tenant has brought forward replacement by 10 years. They should only pay 2/3 of the cost as they have taken out 2/3 of the life of it.

        • +3

          I would love to come and do that to your basin.

          Basins like that is probably $200. It is the cost of the plumber. I guess you are going to suggest some how hiring 2/3 of a plumber to do a full plumbers work.

          • +5

            @netjock: Paying 2/3 of the plumber is fair too, that's part of the cost every 15 years. Means they now don't need to replace it in 10 years, they can wait 15.

            • -6

              @Quantumcat: Sure Mr Fractions. Only if it was so divisible. People seem to think that it is possible to find a second hand basin with the same condition and mileage.

              Your argument only works if you are not on the receiving end of said problem.

              It really isn't a haggle. Either OP can find a second hand of the same condition and get the work done for 2/3 of the price I'd really doubt someone would consider taking 2/3 of the value if OP decides they drop a bottle and crack the basin is going to work.

              You might as well destroy the place and say you pay them 2/3 of the value to put it back into a livable condition. I'd doubt you can get 1/3 used plasterboard, 1/3 used paint etc.

              • +6

                @netjock: Mate, it is nothing do do with a second hand sink.

                Read the case below.

        • +7

          Not to mention that the landlord would have claimed tax depreciation against the basin. So they are double dipping.

          They have no right to charge replacement cost as @happydude explains.

          Too many property managers just trying to stuff people over.

          I always submit my bond release form, not counter signed, on the day a tenancy ends. That way the onus is on the landlord to take you to the tribunal, not the other way around.

          They also can't blacklist you for this, except internally in their own agency.

          The fees mean they usually won't bother and puts you in a much better negotiating position on vacating.

          • -2

            @Thatbargainhunter:

            Not to mention that the landlord would have claimed tax depreciation against the basin

            Already in the argument the value declined by 33% due to depreciation.

            I don't think you get the idea there is no secondary market for used basins. It isn't like you broke the NBN model and can buy a second hand one to replace. If there was and it was just plug in a play then easy isn't it. OP can do that. Just like if it was so easy to repair with a resin repair kit OP can do it.

            Don't create and mess and tell other people it is an easy fix.

            • +4

              @netjock: You don't get it mate.

              It had so many years of use and would have had to have been replaced in so many years.

              A new one now gets them additional time before needing to replace.

              It would not hold up with the RTA without depreciating it.

              I certainly wouldn't pay it not depreciated. I'd also ask for multiple written quotes.

              • @Thatbargainhunter: I Get what you are saying and somewhat agree however you aren't accounting for the rest of the bathroom now being on a different replacement schedule to the basin and if they end up renoing the rest of the bathroom in 10 years they would be unlikely to keep the 10 year old basin that doesnt match the new bathroom so will not end up getting that 5 years of use back.

                • @lateralus45: A lot of maybes that wouldn't hold up at tribunal.

                  The tribunal would depreciate it.

                • @lateralus45: Doesn't matter, these things are based on ATO depreciation tables

                  Will the ATO let you claim the extra depreciation early if you tell them you're going to do a bathroom reno in 10 years, or will they tell you to get stuffed?

    • if you crashed your ozbargin friend's 2003 camry

      Basins with those thin edges have been in vogue the past few years, don’t know if you can assume it’s that old.

      The caulking still looks fresh, this could be a relatively new place.

      • You know how assume everyone has a 2003 Camry but my Camry you can assume is 2023 Camry so watch out!

    • +4

      This isn't an insurance claim, all your stuff about "replacement cost", loss in value, etc is completely meaningless in terms of rental law. The item was damaged and needs to be returned to a usable state. and there is absolutely no way to spend $50 to bring it back up to a useable, safe condition.

      Most of the cost would be in replacing, too. A sink from Bunnings is $150, a used one in new condition won't be much different, but it'll cost at least a couple of hundred bucks getting someone in to install the new one and replace the old one regardless of how new or old the replacement is. Thus usually a new replacement is simply easier for everyone involved. If OP can get a quote from someone else who has a secondhand sink then they're actually allowed to go ahead and present that. But it won't be $50.

      What OP should have done is had it fixed while they were still there. Ignoring it and leaving it for the inspection is really the worst way of dealing with the problem because it's near impossible for them to bring it back up to standard by themselves afterwards.

      • +5

        Sigh…… Read this about Benchtops that were damaged.

        We find that the bench and vanity tops were about five years old when they were replaced. The tenants should not be responsible for replacing “new for old”.

        We are of the view that the proper approach to quantifying betterment is to look at the loss and then determine whether it is appropriate to reduce the damages by any benefit obtained. We consulted the Australian Tax Office depreciation rates the use of which has been approved by the QCAT Appeal Tribunal as one starting point; we note that the rates are only a guide.

        Bench and vanity tops are not mentioned in the document; however, we had regard to assets such as floor coverings and kitchen items that, in our view, could be regarded as comparable assets.

        As an arbitrary determination, we are of the view that bench and vanity tops could reasonably be thought to have an effective life of about 10 years. They were about five years old when they were replaced.

        The applicants have been forced to pay for new tops about five years before they might otherwise have replaced them. Balancing these considerations, we find that the tenants should pay the applicants 50% of the cost of replacement, viz: $865.00. Accordingly, we will award that sum.

        My personal view is it is cosmetic damage, that should not need replacement. Maybe just a sand if it is sharp. Other's my differ.

        But my entire point is if you damage something that needs to be replaced, only the effective life you robbed the owner of is payable as compensation. This is the max payable.

        https://www.queenslandjudgments.com.au/caselaw/qcat/2015/378

        • +1

          Yup, you’re right, sorry.

          It would be interesting to know if this is consistent across the country. Never heard or seen this before.

      • A sink from Bunnings is $150,
        Actually they go from about $90 up to $550. Hopefully the LL isn't trying to upgrade their basin at the OP's expense.

      • Replacement cost is absolutely in the rental laws, typically based on ATO depreciation tables

  • +3

    You want to talk to the tenants union of the state you are in.

    Fair wear and tear can't be held against you, however that sink is pretty much toast. That said, you don't have to pay 100% for a new sink if the existing sink is 15 years old …

    • +1

      Fair wear and tear can't be held against you

      Breaking something is different from wear and tear.

  • +2

    That can be repaired.

    Your landlord / REA are being idiots.

    If you still got access to the place you can use this or something similar to fix it. https://www.gluesaustralia.com.au/selleys-porcelainfix-repai…

    If not you can take them to the NCAT if you are nsw.

    • -1

      Love a can do attitude.

    • OP should just offer to repair it and send you a thank you gift

    • +5

      Maybe if its a shattered mug or jar
      Not for a chunk of ceramic thats come off a basin

    • +1

      Yes, I'm sure the completely random white in that will perfectly match the basin op broke.

  • +2

    Should have at least tried to disguise it instead of leaving an obviously large chip in the basin.

    • +1

      Or tried to repair it themselves. Get some $ credit for trying.

  • +1

    You should have tried to fix it yourself.

    Now they know, they won't let it go so easy.

    Find out the cost of the sink and age and then negotiate.

    Do you still have access to the house to try to make repairs with the product above.

    As a landlord, if my tenant had been there for 3 years and attempted a repair, I'd let it go.

    If not, I'd ask for half the cost of the replacement.

    Regarding the 'ding' in the kitchen… it's not a ding but a chip. is that the benchtop? $150? I'd pay $150 and shut up.. lol

    FYI, I paid $1,200 for my (enameled steel) basin and also chipped it.. lol

  • +5

    C'mon man. That is clearly beyond wear and tear and falls into the realm of "damage" (both items). As others have said, whether or not you might be up for the full replacement cost is debatable, but at least some proportion of that cost is on you.

    • +2

      Sorry, I wasn't debating whether or not it classified as damages or not.

      I have already mentioned that it was damaged on my behalf, just wanted to know the cost I should be paying.

      • +1

        Indeed. So that starting price is always the cost of replacement. Then it's build an argument to support an alternative view.

        For example, the unit was in a significantly deteriorated state on your arrival and/or was beyond (or approaching) its reasonably expected useful life that could justify a significant reduction … vs. the unit was close to new at the time which suggests you would up for all/most of the cost.

        But I did not see any of these details in the OP.

  • +4

    Seems fair, be thankful the landlord isn't trying to get the whole benchtop replaced.

    As for the basin, yep, that's a write off unfortunately, depending on the quality of the basin $600 would be the upper end of what they could claim.

    $3-400 would be my estimated reinstallation cost.

    • Thank you, I appreciate the straightforward response!

  • +1

    Is this reasonable?

    yes

  • Mate, basin that's easily repaired. Benchtop should also be fine.
    There are professional companies out there that just do this type of stuff.
    Google bath chip repairs.
    Builders use them all the time to repair baths/showers/ benchtops that get damaged during construction.

  • +2

    People saying it's easy to repair, even if it is, not everyone knows this is possible/how too. Isn't up to the landlord to go searching for the cheapest price to repair/replace, and tenant could have done this before leaving.
    As a landlord I'm asking RE for a few quotes and charging accordingly.

  • +3

    The people saying it cant be repaired are the ones who dont know how to use a left handed screw driver.

    The fact is it is possible to repair , if you dont have the skills/time/effort to repair it that is another issue.

    Here are some companies that ceramic repair.

    https://sydneystonerepairs.com.au/tile-basin-and-bath-repair…
    https://www.konigsurfacerepairs.com.au/sinkrepairs
    https://www.fixnchips.com.au/

    If you dont have access to the property to repair it, get some quotes from above type companies in your area, send them to the Landlord/REA saying this is how much you will pay to repair the damage.

    • -1

      But you'd expect your property to be returned in the same state as you rented it.

      Even the best patch job wont hide it

      • I have used these typre companies multiple times (10+) The repairs are basically invisible.

      • But you'd expect your property to be returned in the same state as you rented it.

        You'd expect it to be returned with fair wear and tear, which will always be worse than when you rented it out

        • Agreed, people can be massive grubs. Some landlords seem to be ignorant of this and actually expect the property to be pristinely maintained by tenants, that is quite unreasonable IMO. It's an inherent risk when investing in property that your tenants will be worthless lazy grubs, but as we all know property investors expect everything to be in their favour.

        • The residential properties being built these days are literally trash. Lazy or Cheap builders doing a really bad job, taking shortcuts or doing it on the cheap, One earth quake can flatten all the major cities in Australia, then the government will do something. Like made in china ceiling fan that is 45 dollars from bunnings it's not going to last long.

  • +2

    Gosh, the property manager/landlord doing the final inspection has got eagle eyes.


    For the kitchen bench you should at least have attempted to fill it with pepper/dirt to mask it as a stain.

  • youre pretty harsh when it comes to hard surfaces…are you swinging sledge hammers around regularly whilst indoors?

  • -1

    Seems too much, offer 25% of what they are asking OR take it to xCAT (small claims).

  • I'm curious was the benchtop chip caused by op opening a bottle of beer on it?

    Quotes seem reasonable to me, tradies aren't cheap.

  • +2

    New basin plus plumber sounds reasonable cost. Landlord shouldn't be penalised for you mistake.

    • They've been there for 3 years, assuming the effective lifespan of a basin is 15 years and it was put in new before they moved in, then they should only pay 80% of the cost

  • +1

    A tenant is supposed to leave the property in the condition they received it. Obviously they can't avoid reasonable wear on carpets etc, hence a clause for wear and tear. A breakage is not wear and tear.
    OP should have fixed these chips. Tenants aren't supposed to leave it for landlord to fix, forcing them to claim a portion of the bond for undertaking repairs that the tenant neglected. The bond is only there to cover landlord's, for tenants who don't do the right thing.

    OP should have found out what it would cost to repair. If they couldn't repair it, they would need to replace it.
    You can't leave someone else to fix your damage then complain about their quotes.

    • +1

      Wear and tear can sometimes be in the form of a 'breakage' though. If you lived in a place for 5 years, for example, a few minor dings in the plasterboard may be considered wear and tear. Similarly, appliances could break down, or old cupboards/shelving could break.

      Also, if anything is past its 'effective life' as defined by the ATO, at least in Victoria, there's no obligation to pay anything at all to have it fixed. For example, if the sink in the OP was 25 years old, it's unlikely the tenant would have to pay for the replacement.

      • Exactly this, as far as the laws go in VIC you can cause thousands in damages and get your full bond back, as long as those damages were to items outside of their effective life

      • I'm sure glad I don't live in Vic.

        Breakage needs to be repaired by the tenant, and you might well be in for repainting to repair it.

        I never broke a landlord's wall or basin in all the years I've rented, and I will charge my tenants if they're so rude as to not repair something they break before vacating.

        • As far as I'm aware the effective life stuff applies in all states, where do you live that it doesn't?

          If you're charging tenants illegally for repairs, that's not cool.

          Note though that I think there can be exceptions to the effective life thing, the Act in Vic isn't super clear but I doubt it applies for intentional or grossly negligent damage, for example. Taking a baseball bat to everything past it's effective life right before moving out isn't going to go down well at VCAT

  • +2

    you're lucky its only $600.. that's if the exact same sink can be found to replace the one you damaged. Maybe if you owned your own home you would appreciate how much repairs & running a household costs/

  • -1

    Can't be fixed so must be replaced and as someone who has recently (2021) built a house I can tell you that some sinks are NOT cheap.

  • why did the OP edit first post? This IS NOT Whirlpool!

    https://whirlpool.net.au/wiki/wp_blankposts

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