Landlord Wants to Take an Unreasonable Amount from Our Bond to Fix Chipped Paint from Bathroom Sink

Lemeraldgreen on 03/02/2017 - 21:40

Hi all,

We recently moved out of a rental property. During the final inspection, the agent insisted that the chipped paint on the bathroom sink is a severe damage and we were at fault. Photo: http://imgur.com/kbwKTf4

She repeatedly blamed us for using something like acetone that could seep through the glass yet none of us possessed any acetone or similar chemicals. It was definitely not our fault that the paint came off since we never spilled any chemicals onto the sink. When it happened we just thought it was because of the humidity in the bathroom and we didn't notify them, which we should have done. Yet the agent claimed that the paint is waterproof and it was our fault. Now she's demanding more than $1300 to replace the glass and plumbing cost which we feel unreasonable for such a tiny piece of paint.

We also read on Fair Trading website that tenants are not liable for chipped or cracked paint but we're unsure if this is included (link: http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owner…)

So are we at fault here? Do we need to pay the replacing cost? What do we do if we disagree? We're quite unsure of what to do since it's our first time renting. Thanks a lot!

Home & Garden

Comments

  • whooah1979 on 03/02/2017 - 21:45

    When it happened

    So this occurred after you guys had been living there? Was there any damage on the photos you signed when you first moved in?

    • emeraldgreen on 03/02/2017 - 21:51

      We lived there for a while and one day we noticed the paint came off but we thought it was normal wear and tear. It wasn't there when we moved in coz the house was newly renovated.

  • BensonP on 03/02/2017 - 21:48
    +1

    First thing, apply for your bond back, before the real estate agent does.

    Then see if they make a claim against it and go from there. They may be bluffing, or you might have to dispute her claims. Keep photos.

    In my opinion, if it is chipped porcelain, you will probably be liable for a new sink. Paint chips you can most likely get away with.

    • emeraldgreen on 03/02/2017 - 21:52

      It's a chunk of glass with a layer of white paint underneath. Sorry for the bad photo quality!
      Thanks for your advice!

  • whooah1979 on 03/02/2017 - 21:50

    It's difficult to see, but it looks like the white paint underneath has started to peel off.

    • emeraldgreen on 03/02/2017 - 21:53

      Sorry for the bad quality! It only the paint beneath the glass starting to peel off, no cracks on the glass or anything.

  • John Kimble on 03/02/2017 - 21:57
    +2

    No idea if possible, but can't you just repaint it yourself?

    • emeraldgreen on 03/02/2017 - 22:03

      We somehow didn't think of it. Now that we vacated the property already, we can't do the job ourselves anymore.

  • MissLouise on 03/02/2017 - 22:38
    +5

    I agree with whooah, it's difficult to tell from the image but it does look like a glass bench top with a white paint layer underneath, is that right OP? It also looks like the paint is quite bubbled in other areas, you would only have to wipe over them for another bit of paint to flake off. If the paint is aged and bubbled then there is not much you could have done to avoid the flaking and I would certainly be challenging it. My initial response is that you are not at fault. They need to allow for some reasonable wear and tear. Given the sink is still perfectly functional, it seems they want $1300 to replace the whole unit based on how it looks. They probably know that over time it is going to worsen and are trying their luck to see if you will pay for it. I have heard stories where the tenants have paid up then the repairs were not actually undertaken and the landlord just pocketed the money.

    A close friend is a property manager and she advised us during a recent dispute when we vacated (the final inspection wasn't carried out until 4 weeks after we vacated and they wanted us to pay for the lawns to be mowed as they had grown since our lease finished). Her advice was that for small claims it is not worth their time and effort to go to a tribunal. It sounds like the damage occurred during your tenancy but that you were not at fault. Even if it went to a tribunal (I doubt it will go that far) I think they would feel it was quite a petty claim and an unreasonable amount being charged. From now on, only communicate with the agent in writing. Explain that the flaking was a consequence of the aged condition of the paint on the unit and you do not accept responsibility and request that the landlord reconsiders and returns the bond in full. If they insist then say you will wait for an independent decision to be made by VCAT (in Victoria or the organisation in your state). They may simply back down at this stage and return your bond, or, an independent decision will be made in which case I feel you stand a good chance.

    On the two occasions where landlords have wanted me to pay extra money when I vacated I felt it was due to them having some very high and unreasonable expectations. On both occasions I stated my case and it was dropped and the bond returned in full. It is likely the agent doesn't care that much, but they want to keep their landlord happy and retain the listing. Sometimes they say they won't claim against your bond if you just pay cash to resolve it straight away… if you were definitely responsible for the damage then this can be a good way to sort it out without it going on your record but if I was in your situation I wouldn't accept this. I should also add that if it goes to a tribunal and the ruling is against you then it will be recorded - it doesn't mean you will never rent again but a future landlord might be wary of it.

    Good luck, I hope it is resolved quickly and in your favour and please let us know how you go!

  • aoeueoa on 03/02/2017 - 22:55

    Is this near the bath/shower and would it get wet daily? looks like the paint has kinda softened from wetness and fallen off almost. Not Chipped at all

  • Almost Banned on 04/02/2017 - 00:59
    +4

    Could acetone penetrate the glass and go through to the paint like that?
    I'm no chemist but I wouldn't have thought it likely.

  • garetz on 04/02/2017 - 01:13
    +2

    Acetone cannot penetrate glass, thats a ridiculous argument. Glass is non porous. Get your bond asap, and let them make that argument at vcat, they will be laughed at.

    as a member of a family who are all professional painters, that damage is wear and tear, it is not something you did wrong. Its up to the owner to maintain the finish. It is also easily fixed, there is no way paying $1300 to get the whole thing replaced is warranted.

  • Cheeper on 04/02/2017 - 04:08
    +2

    To me it looks like that glass has been painted on the underside and moisture has worked it's way under there and caused the paint to bubble.
    Would call this a cheap and nasty product fault, not negligence by the tenant.
    No liability here … tell them you are not paying for something you did not do.

  • EightImmortals on 04/02/2017 - 07:30
    +2

    Looks like wear and tear on a substandard product to me.

  • Geewhizz on 04/02/2017 - 07:39

    It's just moisture that has been allowed to seep under there. Whether you're responsible for that, only you would know, but it seems a daft thing to have in a rental property, and is just asking for trouble.

    Nail polish remover is acetone, and is sold in glass. It clearly doesn't seep though it.

    • supnigs super skids on 04/02/2017 - 09:19

      It can't seep through the glass but can run from the top surface and then down the sides. Eventually it will touch the bottom paint layer and cause it to bubble up

  • slimdealin on 04/02/2017 - 07:58
    +2

    Real estate agents are low life dogs. You can clearly see in the photo that the damage is from moisture and has worked it's way in between the (substandard) paint and glass. Acetone has seeped through - what a bloody cop out. Fight that shit all the way, don't let them get you down - you are not in the wrong!

    When we bought our first house, the REA we were renting through tried to play the "take all your bond game". Insisting we had patched the walls in the loungeroom (owner told us herself that she did it months before we moved in). Making me paint entire walls because of a chip in the paint.

    I was actually painting a wall when the owner rocked up with rival REA (to sell through) and asked what was the hell was I doing? Told her what they were making us do to get as much bond as we could back. She flipped, told us not to worry and went down there herself and told them to give us our money back. We were out of pocket $100 or so for painting supplies though. She even thanked me for bringing the grass back from the seemingly dead.

  • minniethemoocher on 04/02/2017 - 09:32

    Looks to me like the sink is faulty, that shouldn't have happened even with fair wear and tear They should be going back to the supplier of the sink if it isn't too old.

  • shadowarrior on 04/02/2017 - 10:31

    Contest the bond claim. If needed ask the tenancy union for an independent inspector.

  • [Deactivated] on 04/02/2017 - 11:34

    You should have used some white enamel nail polish or one of those car pens.

  • [Deactivated] on 04/02/2017 - 12:24
    +1

    Claim on the bond first
    Not even worth the hassle
    the property manager / RE / Whoever is just being a complete dick about it
    Its cheap crap and for $1300 claims made against you over paint peeling QCAT / VCAT will throw it out

  • eqv on 04/02/2017 - 14:16

    It wld fall under chipped paint in my opinion, don't think you should be liable to pay for replacing it.

    Tell the agent that you disagree with the bond claim, and don't sign the bond claim form unless it says NIL in the amount.

    I'd be willing to go to Tribunal to dispute if it was me, some agents are just scumbags, they think by intimidating you they will get their way easily.

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