Hello OzBargain,
I am worrying regarding a plumbing problem that happened at the property I am renting. It's quite a long story, and I'd like to opinion of the community regarding who should pay for repairs, or if there is a reasonable way to improve the situation.
I have been living at my unit since September 2015. Last week, while removing a tray from under the cupboard under the sink (something I don't do very often), I noticed that it was full of brown water. I brought a flashlight and noticed an accumulation of mould against the walls and under the bench top that seemed to be due to water having seeped from the sink above. I hadn't realized but the junction between both bench tops in my kitchen are starting to bulge as well.
I immediately reported the issue to the property manager, with photos attached, asking for what needed to be done. (https://goo.gl/photos/zWsEq9q9GTv8F3W69) Those are the photos I provided. I have also since then cleaned out the whole cupboards.
This morning, a builder came by to have a look, after being sent in by the property manager. I explained that the cold water tap had been leaking, so he took off the covers and agreed that this was a common problem. He advised to keep a towel under it until he comes in and fixes it on Monday. He said that he would also have to replace the silicone around the sink, which seems like the right thing to do.
Coming back from work today, I read an email from the property manager. See below:
"The Builder has gotten back to us, in regards to the leak and bench top issue that has now been made aware of.
After discussions the builder he believes that the damaged caused by the tap is not infact a building issue, but a result from the tenant. With excessive amounts of water being left/flowing on the bench top, thus causing the bench top to lift. Essentially the area has failed to been kept dry in.
There is two options to rectify this problem
1) reseal the sink and change spindles (Which we have authorised and is being done on the weekend)
2) Replace the whole bench top
In your lease section 32 - Notice of damage it states “if the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.” An issues like this is not one that can happen over night and would gradually have gotten worse over time (months). We advise you that the leak should of been reported to us earlier in order to avoid the issue. As a result we look to you to pay the cost of replacement.
"
I responded to his email in this way:
"
Thanks for getting back to me so quickly.
When I spoke to the plumber this morning, he noticed that the tap was indeed leaking from the inside. I explained to him that it was leaking stronger in the beginning, so I had to apply some force to prevent the leak from expanding. As I do not have the tools to access and repair that on my own, I fail to see how this is my responsibility.
The kitchen is wiped down every day, and excess water around the sink (a natural occurrence when washing up) is wiped off after every use. I did notice water sitting around the sink a few times in the morning, but I didn't expect it to seep though the sink (which was badly sealed), and cause internal damage to the cupboard under the sink. Furthermore, water never actually sat near the line separating the two bench tops, so it's entirely possible the damage is caused by water seeping in from around the sink, as evidenced by the fact that only the left work bench is affected by swelling. I think it is reasonable to assume that damage to the cupboard is due to bad sealing of the sink and the pre existing leak, and is not my responsibility.
I am happy to discuss this with you over the phone later today, or tomorrow morning before 10am.
"
Do I have any say on this, or will I just have to cop the bill? Having to plywood bench tops join up like this is quite a flawed design for an area likely to get wet in my opinion but what do you think? Can I do anything?
UPDATE 20/11: The PM has replied. He has discussed the issue with the LL and agrees to pay for the repair and replacement of the kitchen (which is a relief). He is offering I renew my lease and move to another unit in the block which has just finished renovating, for only about $10 more per week. His offer is really appealing, but I'm afraid that moving will mean that my ISP will realise they are accidentally charging me half what my cost should be! Decisions decisions!
Thanks all for your help!
Thanks!
You reported it as soon as you noticed it. Landlord is being stingy.