Seeking Advice: Water Damage Issue and Real Estate Negligence

kmish on 19/11/2024 - 15:25
Last edited 20/11/2024 - 12:39 by 1 other user

Hi everyone, I’m looking for advice regarding an issue with my double-storey house in Victoria.

In March 2023, when tenants "A" moved out, the outgoing report noted a watermark on the laundry ceiling. I immediately asked my real estate agent to raise this with the builder under warranty. The agent lodged a ticket, and the builder requested photos. The agent sent photos, but only as PDFs (which cannot be reproduced now, so I’m unsure what was actually sent). The builder then asked for photos in PNG/JPG format, but the agent failed to send these or follow up.

Fast forward to September 2024, tenants "B" moved out, and during their exit, I discovered the watermark had grown fourfold.

I have since moved back into the property myself and decided to re-open the ticket with the builder. Unfortunately, the agent admitted they thought this issue was related to another problem that had already been resolved. They also acknowledged that “handover between teams hasn’t been great” and admitted the issue “wasn’t handled very well.”

The builder sent a handyman to inspect the damage today. He found a crack/damage under the shower drain’s grill, right at the pipe’s mouth. According to him, this was likely caused by someone stepping on it, as the rest of the shower is properly supported with timber.

Now, I’m feeling incredibly frustrated with the negligence from the real estate agency.

What I'd like to know is:
- Should I take this up with my insurance company (knowing I’ll face a $1,200 excess)?
- Is there any recourse with the real estate agency for their negligence?
- What’s the best possible outcome I can realistically expect here?
- Is this damage structural and something the builder should fix? Photos here -

I appreciate any insights or suggestions you can offer.

Thanks in advance!

20241120 - EDIT - Removed reference to previous tenants as they're unrelated to the issue. Added a question about structural damage with photos.

Home & Garden Investment Real Estate Agent

Comments

JimB on 19/11/2024 - 15:44

+16

While your agent was slack, I'm sure there's no recourse with the real estate agency for their negligence.

"found a crack/damage under the shower drain’s grill, right at the pipe’s mouth. According to him, this was likely caused by someone stepping on it, as the rest of the shower is properly supported with timber."

Rubbish, you can step on the grate/grill and it shouldn't cause any issues.

I'd pushback on the builder.

Is the showerbased a pre-formed/one piece or tiled? there is a huge difference on the repair process.
- apple2016 on 19/11/2024 - 15:56
  
  +1
  
  This, it looks like issue with builder. follow up with builder or let the insurance follow up with them.
- kmish on 19/11/2024 - 15:56
  
  -1
  
  one piece - see here https://photos.app.goo.gl/Bp8BynBxUbNeBg1E7
  - JimB on 19/11/2024 - 16:04
    
    +7
    
    even if there was a crack, a showerbase grate should be able to support someone stepping on it.
    
    secondly, there's no crack.
    
    Good news is that you have access so it's a very quick fix. Get the builder to fix.
    
    Even if the builder doesn't fix it, it won't cost much to fix if you had to pay it yourself.
    - kmish on 19/11/2024 - 16:15
      
      -2
      
      I've added a zoomed in photo to the album to show the crack / damage clearly
      - lunchbox99 on 19/11/2024 - 17:16
        
        +13
        
        @kmish: you can't blame tenants for your poor quality fixtures. That is your problem.
        
        kmish on 20/11/2024 - 09:42
        
        @lunchbox99: Thanks for posting guys.
        I wanted to know what people's opinion regarding:
        * Should I take this up with my insurance company (knowing I’ll face a $1,200 excess)?
        * Is there any recourse with the real estate agency for their negligence?
        * What’s the best possible outcome I can realistically expect here?
        
        I am well aware that it is my problem. As I stated in my initial post, I know it’s unrealistic to hold tenant "A" accountable 18 months after their exit and Tenant "B" shouldn't / won't be paying for an issue that existed before they entered (even if they've made the situation worse).
        
        ThithLord on 20/11/2024 - 10:03
        
        +3
        
        @kmish:
        
        I know it’s unrealistic to hold tenant "A" accountable 18 months after their exit and Tenant "B" shouldn't / won't be paying for an issue that existed before they entered (even if they've made the situation worse).
        
        Unrealistic? Downright preposterous to hold them accountable for your dilapidated shower. We're not sure why you are even mentioning the tenants whatsoever
        
        kmish on 20/11/2024 - 10:10
        
        @ThithLord: Fair enough, I'll remove the reference. I guess I was a bit emotional with the annoyance / frustration when i typed this up and wanted to give the full picture.
Duckie2hh on 19/11/2024 - 15:45

+13

someone stepping on it,

Sounds like poor workmanship, as a grill should be supported. I would get this issue rectified with the builder first followed by changing your management company.

simples.
- kmish on 19/11/2024 - 16:00
  
  Yea definitely not doing business through them anymore.
Fredfloresjr on 19/11/2024 - 15:46

+5

Poor tenant, all of a sudden OP found "other issues" so he can keep the bond for future repair of the MAIN CONCERN.
- kmish on 19/11/2024 - 15:59
  
  Nah, the other issues are mostly unrelated things like missing skirting boards, spray marks from paint on the back windows, carpets in the back bedrooms not being cleaned, etc. I only mentioned this to ask if the worsening of the situation could be something I can claim from Tenant B.
  - JimB on 19/11/2024 - 16:00
    
    +1
    
    "missing skirting boards, spray marks from paint on the back windows"
    
    Sure this wasn't the builders fault?
    - kmish on 19/11/2024 - 16:02
      
      Sorry JimB there seems to be some miscommunication.
      Fredfloresjr's message was asking about Tenant B - the issues in my last comment were addressing tenant B's actions.
apsilon on 19/11/2024 - 15:47

+7

The shower drain is in the floor right? I've never heard of one that you're not supposed to step on. Is this actually a thing? It's part of the floor. IMO this is fully on the builder. All parts of the floor should be able to handle someone standing on it. They were notified there was a fault and the PDF excuse is rubbish, who can't open a PDF? They should've also followed up when they didn't hear back as they knew there was an issue the nature of which was likely to get worse over time. The REA has some responsibility but where how to divide any compensation claim I don't know. I'd ask the builder what they intend to do and if the answer is anything other than full remediation I'd run the whole thing past my solicitor.
- kmish on 20/11/2024 - 09:24
  
  Yea, the shower is located on level 1 of the building, with the drain in the floor (between levels). I've never heard of that either tbh.
  The builder asked for the photos to be re-sent (I can only assume the ticket was closed due to inaction, the REA hasn't shared any more of the email chain).
  Yup agreed, waiting for the builder to come back to me and then take it further.
  
  I wasn't sure if "stepping on the drain caused damage" was a reasonable thing for the builder to say. From this forum it seems like it isn't. Lets see what they come back with.
Dollar General on 19/11/2024 - 16:24

+7

Builder is talking BS
godofpizza on 19/11/2024 - 17:10

your builder sent a 'handyman' to inspect a plumbing issue? pay the excess and get it fixed.
- kmish on 20/11/2024 - 09:24
  
  Not sure if Handyman was the best term, but it was a generic "home repairs" guy that cut a hole in the laundry ceiling and took photos of the leak to then discover the crack in the shower base…
brendanm on 19/11/2024 - 17:43

+3

That is not the tenants fault, stepping on a shower grate is a very normal thing to do, I'm sure you know this.

The builder needs to fix their crap work.
- kmish on 20/11/2024 - 09:25
  
  100% agreed. I'm more frustrated that the REA didn't spot it or get it fixed for 18-ish months than the tenants whose lease that the damage seems to have been caused under.
  - brendanm on 20/11/2024 - 09:35
    
    +2
    
    I'm not sure if you get it still. The tenants didn't cause any damage here. It is a construction fault.
    
    It sounds like it was spotted, it was on the exit report from the time of the first tenants?
    - kmish on 20/11/2024 - 09:44
      
      … I'm not saying its the tenants fault?
      I'm asking if:
      * Should I take this up with my insurance company (knowing I’ll face a $1,200 excess)?
      * Is there any recourse with the real estate agency for their negligence?
      * What’s the best possible outcome I can realistically expect here?
      - brendanm on 20/11/2024 - 11:35
        
        @kmish: Perhaps it's a language issue, but you keep saying "it's unrealistic to hold tenant A responsible". You shouldn't be trying to hold tenant A responsible. Same with tenant B, while they may have caused other damage, they did not damage the shower base. The thought should not even cross anyone's minds to try and blame either tenant for an issue with the build. They didn't take a sledgehammer to the shower base. The builder did a crap job.
        
        The best outcome is to get the builder to fix their crap work and the subsequent damage.
        
        kmish on 20/11/2024 - 11:49
        
        +1
        
        @brendanm: thanks @brendanm, I've edited the original post to remove references to the tenants.
        I'll wait for the builder's official report and work my way forward.
Seraphin7 on 19/11/2024 - 17:47

+1

I appreciate any insights or suggestions you can offer.

Part of the answer is do you want it fixed with the minimal possible time or the minimal possible cost?

If the former, you are probably best to take it up via your insurer and just get it solved. This will cost you at least $1,200 in excess it seems (but hopefully no more).

If the latter, you may have claims with all sorts of people including the builder, agent, and tenant(s). This may result in a cost that is something less than $1,200, but almost certainly over a much longer timeframe.

What's worth more to you? Time or money (noting that time is money)?
- kmish on 20/11/2024 - 09:29
  
  This is the true question really. I am frustrated with the REA and the builder and the way they've handled any issues that have come up with this property. As i stated in my initial post, I know it’s unrealistic to hold tenant "A" accountable 18 months after their exit and Tenant "B" won't be paying for an issue that existed before they entered (even if they've made the situation worse).
  - brendanm on 20/11/2024 - 09:36
    
    +2
    
    The tenants didn't make it worse. They used the shower like normal people.
    - kmish on 20/11/2024 - 09:44
      
      -2
      
      Thanks for spamming the post with basically the same comment multiple times.
      - brendanm on 20/11/2024 - 09:47
        
        +1
        
        @kmish: I'm hoping that if you see it enough times you'll eventually understand it. My hopes aren't high though.
        
        ThithLord on 20/11/2024 - 10:05
        
        @brendanm: Tenant B was a horrible Tenant, I hope that makes you understand that holding Tenant A is unrealistic lmao
        
        brendanm on 20/11/2024 - 11:31
        
        @ThithLord: Damn tenant A, why would they allow tenant B to get a lease, and neither of them repaired the shower drain!
Hardlyworkin on 19/11/2024 - 17:49

Can't you claim the loss on tax?
- kmish on 20/11/2024 - 09:34
  
  Didn't think of this. I'll speak to my tax accountant, thanks.
Drakesy on 19/11/2024 - 18:29

+3

Installs povo spec tenant shower.
Blames REA for not fixing the problem

He found a crack/damage under the shower drain’s grill, right at the pipe’s mouth. According to him, this was likely caused by someone stepping on it, as the rest of the shower is properly supported with timber.

Get a better shower, not some plastic fantastic sh1tter. Wouldn't have happened if they refinished the ground and put a ceramic base in. This is like FIFO demountable povo spec.

The issue lies with your builder/renovator and shitty work not the REA imho.

Sounds like you're a nightmare landlord ngl.
- brendanm on 20/11/2024 - 09:38
  
  +1
  
  Sounds like you're a nightmare landlord ngl.
  
  But it's the tenants fault that my bathroom was built like crap, I didnt fix it, rea didn't fix it or follow up with the builder. Azzhole tenants.
- kmish on 20/11/2024 - 09:39
  
  Thanks for your opinion.
  I built this house when it was young and took the showers that the builder provided with the house.
  House is 6 years old and the water patch is pretty bad, so asking for how to proceed. As i stated in my initial post, I know it’s unrealistic to hold tenant "A" accountable 18 months after their exit and Tenant "B" won't be paying for an issue that existed before they entered (even if they've made the situation worse).
kiitos on 20/11/2024 - 08:31

Can you find installation instructions for that model shower to see what the bracing requirements are?

Did you choose the shower when the property was built?
- kmish on 20/11/2024 - 09:40
  
  Thanks for the suggestion, I'll do a deeper dive in the paperwork that the builder had provided to see if I can find the brand. I can't see the brandname in the "home order details" paperwork, only the measurements.
StingyBritches on 20/11/2024 - 11:20

+1

OP: kudos on keeping your cool with some of the keyboard warrior comments flying at you.
- ThithLord on 20/11/2024 - 11:34
  
  -1
  
  won't somebody think of the poor widdle ol' landlord
- kmish on 20/11/2024 - 11:46
  
  Thanks @StingyBritches

Seeking Advice: Water Damage Issue and Real Estate Negligence

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