Landlords/Property Managers of OzBargain - Fair Wear and Tear or Not?

scrambledeggs on 12/03/2017 - 21:22

Hi OzBargain,

I have a question for any property managers/landlords out there. I would like your opinion on my situation.

I've just moved out of a house in QLD and the (private) landlord is trying to sting me for $880 inc GST to sand down and repolish some scratches on three floorboards, as shown in the pic below:

http://i.imgur.com/VybfB3t.jpg

Apart from this being a ludicrous price for three floor boards, I believe the damage is fair wear and tear. According to section 38 of the Residential Tenancies Act, as a tenant, I have the responsibility to:

"…
make sure you don’t cause or allow damage to be caused, either on purpose or by being careless (s38(1)(c))."

I installed felt tips on the feet of my bed (as well as all other furniture) to mitigate damage to the floorboards prior to moving in. Therefore, I don't believe the wear and tear can be considered a result of carelessness. There was definitely no malicious intent and I don't think I could have done anything further to mitigate the damage apart from putting down a blanket (not really fair to ask of me given nobody uses a blanket below their bed and I was just using the bed normally), or buy a new bed frame (also not fair to ask of me).

Given the above, I believe the scratches are wear that has happened "through normal use" (which is the wording given in the standard terms of the tenancy agreement).

Therefore, I believe the damage falls under fair wear and tear.

Do you agree, or am I fighting a losing battle? I have submitted a bond claim and the landlord has put in a dispute. Next step is the dispute resolution process. The landlord is incredibly stubborn and I don't believe I am in the wrong, so I think the next step will be the Tribunal.

On a side note, although it's irrelevant to the information provided above, this private landlord has been the worst by far in my six years renting. Never do it to yourself. Always use an agent.

Appreciate any input!

Home & Garden

Comments

  • npc on 12/03/2017 - 21:40
    +7

    Landlord seems to be completely nuts. Apply for the full bond refund and see what happens next. Damage looks like it can be fixed with 2 sheets of sandpaper, small tin of clear coat and 1 hour time, which is no more than $150.

    • HeWhoKnows on 13/03/2017 - 15:58
      +6

      Overkill. This could do MORE damage! Just needs to be wiped over with a good timber furniture polish.

  • compacc on 12/03/2017 - 21:41

    How long were you renting for? If it was a 6 or 12 month tenancy and they'd never had previous issues then eh, I can see their point. But if I was the landlord and I heard that you had put the felt pads down to try to prevent this then I'd accept it, if you'd been a good tenant otherwise.

    • scrambledeggs on 12/03/2017 - 21:43

      Twelve months we rented there.

      Me and my friends never paid rent late and always kept the house clean. There were no other defects she noted. I think I am a good tenant. I've always got my bond back over the last six years.

      I can understand her annoyance but I am not really concerned with her annoyance, more the legal responsibility.

      • compacc on 12/03/2017 - 21:47

        I'd have let it go then, rent paid and clean home is a huge thing, as is consistently good rent inspections (when, really, they could have found this themselves). I also read the other reply which said the damage is easily repaired.

        As an aside, I'd maybe try contesting the quote. If it seems to be siding with the landlord then I'd be saying that I'd want to see 3+ quotes so you know the amount you're paying is accurate.

        • che_97 on 14/03/2017 - 13:14
          +1

          What it costs to fix the problem is not the tenants fault. It's part of the cost of being a landlord. 1,2,3 or even 4 quotes isn't relevant until OP has been proven to have been acting with carelessness or malicious intent.

          Seeing as there were felt pads added to the furniture, I think this constitutes enough care as a tenant.

          If that was the only damage to the property, as a landlord I'd be happy.

          This landlord is trying to get the tenant to pay for their costs.

          Fight this to the end OP. Stick with the wording you have used about. Not careless and no malicious intent.

        • compacc on 14/03/2017 - 16:03

          @che_97: The multiple quotes was for if the OP is found liable to pay. I agree that I'd be happy with only that damage from a good tenant who paid on time etc, but if the ruling was that the tenant had to pay up I'd be making sure the quote is reasonable.

        • che_97 on 16/03/2017 - 13:22

          @compacc: this is true. I feel that bringing up multiple quotes before needed though is somewhat like an admission of guilt. In my opinion the cost of the repair is irrelevant to the tenant. I see your point though.

  • MrHyde on 12/03/2017 - 21:46
    +1

    Good question by compacc, how long were you renting for? Those are some pretty bad scratches if only in the place for a year or two. I can see the landlords point that this is not fair wear and tear.

    I've got floorboards and my beds have not made scratches like that in the 8 years I've had floorboards put in.

    • compacc on 12/03/2017 - 21:53

      On the flip side, I was housesitting once and my friend came over. She was wearing heels and the owner could tell everywhere my friend walked. She walked totally normally, her shoes weren't sharp stiletto spikes, but there are now dots all through their house. The owner never wore heels inside for that reason, I don't wear heels so it was never brought up to me, and unfortunately my friend's shoes damaged their floor in the space of a 2 hour visit. Maybe it's just cheap flooring and previous tenants have had rugs down.

      • scrambledeggs on 12/03/2017 - 22:02

        It was a cheap reno job so I'm pretty sure they would have gone for the cheapest floor polish available.

      • Christy Bambi on 14/03/2017 - 17:35

        i agree with scrambledeggs, cheap arse reno job. The owner is responsible for the damage. Next time he should do the job properly instead of doing a cheap flooring job.

      • brotherfranciz on 14/03/2017 - 17:53
        +1

        Stilettos are renowned for damaging floorboards no matter the quality of the material. It's a matter of physics, when your whole bodyweight is dispersed across 2 points (assuming your friend takes each step leading from the back of the heel rather than from the sole).

  • Colombian on 12/03/2017 - 22:02
    +2

    It doesn't look like wear and tear for me. But $800 for that, they are dreaming.

    • scrambledeggs on 12/03/2017 - 22:03

      What does "wear and tear" look like? How do you define what is and isn't wear and tear?

      • cypher67 on 12/03/2017 - 22:40
        +1

        Looks like a table or chair moving back and forth. You should have realised it was scuffing the floor and put something under the legs to stop it. Its pretty bad for just 1 year. If that was your own house you wouldn't let the table do that to your floor, you would stop it from getting worse. I seen the photo below and had you done that prior to the inspection, you wouldnt be in this situation, always remove doubt before they inspect. $880, is bonkers though. I had a similar issue where I had a computer chair on carpet and over a year rolling around the carpet was visible worn down pretty bad. Owner wanted to charge me $500 to re-carpet the entire room, I played the wear and tare card. I knew I was in the wrong and should have prevented it, so offered $100 and owner took it. No doubt they didn't re-carpet and just pocket the cash.

      • paulieau on 13/03/2017 - 08:50
        +1

        I'm a landlord and a tenant in VIC, and I agree with Colombian it's not really wear and tear, but at the same time it's definitely not malicious damage. I'm reasonably confident if this went to a dispute hearing and you explained how you used felt pads under the legs of the furniture that they would find in your favor as you took reasonable steps to prevent damage to the property and I don't see how the labeled could prove it was malicious damage.

        I can understand the owners frustration, but $800 is ridiculous, as someone else suggested, perhaps offer $100, this could also benefit you if it does go to a hearing as it demonstrates to the tribunal that you did attempt to resolve this before the hearing.

        • HeWhoKnows on 13/03/2017 - 16:06

          Nothing to do with proving it was malicious damage. That is a totally different subject area.
          The question is: Was this damage caused whilst the tenant occupied the property and is this fair wear and tear?
          Answers here vary.
          The next question is: Is the quoted price fair and reasonable? Answers here are unanimously NO!
          My suggestion - Give it a good rub with some good quality timber furniture polish - after all this is what it is used for!

        • paulieau on 13/03/2017 - 22:28

          @Amayzingone: Yeah sorry, you're right, completely different subject matter.

  • tryagain on 12/03/2017 - 22:03
    +1

    Do you still have access to the house? if so I think some furniture polish could make that look a lot better, for the short term at least.

    • scrambledeggs on 12/03/2017 - 22:07
      +6

      I polished the floor and it now looks like this:

      http://i.imgur.com/9bGUCvE.jpg

      She still isn'y happy and wants to charge me the full $880.

      • robbyjones on 12/03/2017 - 22:20
        +3

        I have a rental property and I also have parquetry floors in my own home. Those scratches most definitely are acceptable wear and tear, in my opinion anyway. I wouldn't even bother speaking with the tenant but release the bondif i was the landlord. I would apply for your bond back and let the landlord take you to tribunal, if it comes to that. Ensure you keep your photo's. $800 is ridiculous and most likely a quote to sand and repolish the entire floor.

      • tryagain on 12/03/2017 - 22:30
        +6

        Then I would politely inform her that as the damage is no longer visible, you believe it falls under fair wear and tear and that the amount seems excessive you are happy to head to the tribunal.

        The amount she has provided for you seems like an amount to redo the whole room to me, if that is the case I think they take into consideration the age of the flooring as well, ie say the expected time between the floor needing to be redone is 10yrs and it was done 5 years ago and it was found you were liable you would only have to pay half. But this could vary state to state so best to look into it yourself.

        I personally wouldn't be paying $880 for that just on the basis of her claim.

        • scrambledeggs on 12/03/2017 - 22:35

          I have informed her but she presses on.

          This is the text from the quote she sent me, which seems like its only for the 3 floor boards:

          "You would have to re-sand the floor to get those scratches out. As such the colour and gloss level will change. The best way to do it will be to sand wall to wall and finish on the side grain of the boards. Cost to that will be $880 GST inc."

          On a side note, the floors were freshly polished prior to us moving in.

        • [Deactivated] on 12/03/2017 - 22:54

          @scrambledeggs: Ask her where she got that price from.

        • tryagain on 12/03/2017 - 22:55
          +2

          @scrambledeggs: Maybe have a chat to your state's Tenants Advice and Advocacy Service as they would likely be able to give you a better indication, I would inform her that you were seeking advice but that you currently believe it would be considered fair wear and tear, should in the off chance that advice come back that it isn't considered so that you would be looking for what would be considered adequate repairs as opposed what she may be consider best.

        • scrambledeggs on 12/03/2017 - 22:57
          +1

          @tryagain: I like this advice. Thanks.

        • JimmyF on 14/03/2017 - 15:54

          @scrambledeggs: Its a bit like carpet and bench tops…. Yeah you might need to replace it all to 'match' but the renting laws don't see it that way.

          Hint, go read up on carpet/bench repairs.

          Personally I've seen the 'after' photo from when you polished the area, assuming this is a 'true' photo, then there isn't an issue here.

          Is the bond a 'real' bond or one you just paid directly?

      • hell0 on 13/03/2017 - 10:55
        +2

        hmmm, I wouldn't be happy either as it looks like now the floorboards are vertical instead of horizontal. Did you place the floorboards vertically by accident?

      • HeWhoKnows on 13/03/2017 - 16:08
        +2

        That looks perfectly fine to me.
        You have adequately remedied the damage.
        Go ahead and make your claim for FULL BOND refund before she makes a claim.

      • ca4cpa on 14/03/2017 - 15:09

        Asked them to show picture that floor was better than one you had now.

        OR Go to :
        http://www.qcat.qld.gov.au/

      • brotherfranciz on 14/03/2017 - 18:06

        Wow, good effort with that polish! Looks good to me, I don't know what the landlord is complaining about?

        I was iffy about the scratches being normal wear and tear, but that repair job definitely looks satisfactory in my opinion.

        You should come over to do my floorboards!

      • cookie2 on 14/03/2017 - 19:24

        it looks great now. honestly, go to the tribunal.just be prepared, colour photos to show what it looks like now.practice your argument for fair wear and tear and what you did to mitigate damage in the first place, and to resolve the landlords complaint when they raised it.also note, the issue was never raised during tenancy routine inspections. have it all laid out for the judge and you'll be fine. no need to get a lawyer.oh you may also want to get a professionals opinion or quote for the remaining mark.it might be a good backup to show the judge the absurdity of the landlords asking amount and also continuing issue with the "mark left".goodluck.

      • [Deactivated] on 17/03/2017 - 13:45

        Nice job (any advice on how you cleared it up?). Go to the tribunal, don't waste time and effort with her. The tribunal is reasonable.

        Just inform her, your end of things is done. Keep records of all communications.

        If she refuses to release your bond in full, see her at the tribunal.

  • cypher67 on 12/03/2017 - 22:43
    -5

    Normal use would be placing something under the table legs so it wouldn't scratch the floor. You should have been more alert to the damage, ignoring it and letting it continue to damage the floor for 12 months isn't "normal".

    • scrambledeggs on 12/03/2017 - 22:47

      Bed legs not table legs

      • affable on 13/03/2017 - 07:53
        +4

        Hopefully you have some great memories of the wild nights of passion that caused the bed to move violently back & forth?

        • scrambledeggs on 13/03/2017 - 20:06
          +5

          These eggs weren't always scrambled

  • [Deactivated] on 12/03/2017 - 22:51
    -2

    I think you owe about $200 worth of damage.

    • scrambledeggs on 12/03/2017 - 22:54

      I'd pay up to $200

      • BestofOZB on 14/03/2017 - 18:23
        +8

        Not after you repolished it, looks perfect.

  • [Deactivated] on 12/03/2017 - 22:52
    +1

    $880 is way too much. The damage doesn't even look too bad.

  • Cheap Charlie on 12/03/2017 - 22:54
    +2

    OP, by the sounds of it you will end up at QCAT.
    Looking at the image after the floor was polished, I would imagine QCAT would rule in your favour.

    The RTA will establish a 3 way phone call between yourself, the landlord & a mediator.
    The mediator will ask each of you to compromise (The mediator does not car who is right or wrong, rather that a resolution is reached).

    QCAT is a straight forward process and you do not need representation.
    Try and gather up as much information, pictures and communication as possible.
    Make notes on times, dates and discussions that took place.

  • Cheeper on 12/03/2017 - 23:20
    +2

    Rip off, no doubt. Refuse to pay it. A small area like that $100. Ask if you can get your own quotes as you consider his price is a rip off. A tribunal would not support the LL with a claim as silly as that and I would be telling him so.
    It is not fair wear and tear but if that is all the damage that exists I (as a LL) would be giving you an A+ and a carton of beer!!
    Fit some carpet or similar under those legs!!

  • [Deactivated] on 13/03/2017 - 00:02
    +7

    rip off, set the house on fire.

    • Scrooge McDuck on 13/03/2017 - 11:00
      +2

      Your landlord can't extort you if they're dead…

      Just sayin'.

      • [Deactivated] on 13/03/2017 - 11:02

        i don't condone suicide

        • Scrooge McDuck on 13/03/2017 - 11:03
          +3

          You can't condone it if you're dead…

          Just sayin'.

  • Drj55 on 13/03/2017 - 08:20
    +4

    This is wear and tear. Floorboards get scuffed. They're polished wood on the floor. That's why people use carpet and tiles.

  • Euphemistic on 13/03/2017 - 08:23
    +1

    Were they new boards, or newly finished, when you moved in? If they are well worn it sounds like an attempt to get them refinished. If they are new, maybe they want them to look new after they've been used for s while, which seems unreasonable.

  • DarkOz on 13/03/2017 - 08:58
    +2

    This "damage" is so minimal that I don't know why anyone has a problem with it!

  • crazyj on 13/03/2017 - 09:56
    +1

    I'd be happy with the polishing job you've done. But I wouldn't have had the floors polished, just to rent out my house/unit… you expect an element of this when renting your place out, imo. Fair wear.

  • kale chips suck on 13/03/2017 - 09:58

    Just a thought; it looks like you're probably going to tribunal (I would) so you should think about getting some quotes to get it fixed yourself.

    I'd even ask the people quoting if it's ok if you video their reaction/opinion. Assuming it's in your favour, put it on YouTube privately.

    Then, if needed, during the negotiations, play the tape. That, with the pics you have already and the fact that you put the pass on… I can't see how they'd get anywhere near what they're demanding.

  • Ken1977 on 13/03/2017 - 10:07
    +6

    Don't pay a cent, let it go to QCAT, let the member decide as depreciation will be taken into account, she can't claim for the whole floor, if there 21 floor boards, divide $880 by 21. Plus you've made a great job of rectifying the damage, so there will be no costs awarded. The LL sounds like a tight arse if she's not going through an agent, and will probably not even know the process of making a QCAT application. Even if it makes it to QCAT she will rant and rave and sound like a moron. My GF is property manager in Vic, so this advice came from her. Good Luck

  • benderz on 13/03/2017 - 12:53
    +1

    Ex landlord did something similar to us. At first she wanted to claim our whole $1600 bond, which included things which were already noted as damaged in the property report and other nonsense such as a water mark on the bath.

    I decided to go to Vcat. 3 days before the hearing the agent contacted us and said she was willing to accept $800. I flatly declined and advised we wish to proceed to Vcat. He asked to me compromise with her, so I said I will pay $150, not because we were liable for any damage but to avoid the Vcat hearing. There was no way that I thought she would accept and I had all paperwork/photos/statements ready for Vcat.

    Surprise surprise, she accepted the day before the hearing. I avoided the inconvenience of Vcat, but it cost me $150 to do so. This was nearly 3 years ago, and am still angry that I didn't tell her to shove it and go to Vcat.

    Do what you think is reasonable. The quoted price is unreasonable so make a counter offer and stand by it or have a hearing at whatever the rental tribunal in your state is.

    • [Deactivated] on 17/03/2017 - 13:47

      I read a whirlpooler who took it all the way for 60 (or 30 can't remember) just on principal.

      Then half an hour before the session, the agent managed to find an actual issue and they settled to replace a broken mirror for 15 without going to Vcat

  • thord on 13/03/2017 - 14:57
    +4

    It is 100% fair wear and tear. Immediately lodge your bond claim for 100% - that is what you need to do now. If they put in a reduced claim then you need to submit a counter claim and it's a whole (profanity) around. Get in first so you don't get screwed.

    IMO the problem recently is that there's so many "mum and dad" investors who have no (profanity) clue about rentals and being a landlord. It's causing a lot of headaches for tenants.

  • HeWhoKnows on 13/03/2017 - 15:57

    Whether the damage is fair wear and tear is questionable.
    The question is "could this have been prevented". The answer is YES,
    The next question: How? The answer "Putting a rug under the table"
    The next question: Did the landlord provide such a rug or state in the lease that you must place the table on a rug? If not then you haven't done anything wrong.
    If you placed felt tips on the bottom of the legs then you have taken action to prevent such damage.
    Furthermore you have the right to remedy the situation yourself.
    A small application of timber furniture polish should be enough to make these minor marks disappear.
    Suggest you buy some good furniture polish suitable for timber furniture and give the scratches a good wipe and hopefully they will sufficiently fade.
    This is no different to a scuff on a freshly painted wall. You don't paint the entire wall to remove the scuff. You just wipe it over with Jiff until it is barely evident.

    • derk on 14/03/2017 - 16:27

      As said many times before, it was a bed

    • [Deactivated] on 17/03/2017 - 13:52

      If beds don't come with felt pads are they not "fit for purpose?" If they are fit for purpose then additional modifications are not required to judge fair wear and tear. If its within 80% of probably reason, then yes it is fair.

      As a tenant I add felt pads to furniture edges/sides that are up against the wall, to the foot of furniture that is moved about a lot.

      In this case for fair wear and tear the question is "would the floor look this way after a year of use by an average lawful person?" Answer is yes.

  • eqv on 13/03/2017 - 19:03
    +2

    In NSW, according to FairTradingNSW, "Scuffed wooden floor" is considered fair wear and tear, whereas "Badly scratched or gouged wooden floors" is considered damage. I'm sure similar definition could be applied to QLD as well.

    I can't really tell for sure from the photo, but there is a chance that it would be assessed as scuffed instead of badly scratched.

  • JimB on 14/03/2017 - 12:12
    +1

    As a landlord, I'd recommend you tell her to 'Fuk off'.

    Lodge a request to refund your bond yourself.

  • iDroid on 14/03/2017 - 12:40
    +1

    It's a floor, it's going to get scratched (it's not a piece of furniture!!!).

    Your landlord has a screw loose.

  • addicted on 14/03/2017 - 13:55
    +3

    I just won a case in NSW tribunal..Was in similar situation, the landlord seemed to have a sense of entitlement, She won't budge from her claims..She claimed around a 1000$, I offered her 200-300$ so that none of us will waste time in tribunal but she won't agree..So we went to the tribunal and I got all of it back..
    It was incredible to see the look on her face..someone popped the bubble she was living in…
    That aside:
    - Did you make a formal email complaint when you first saw the scruff? If yes, that's good, you have got some evidence on your side..The more written evidence you have, the better is it for you..
    - Did you note down in the incoming condition report that there were some marks/scruffs? The incoming condition report is very important.
    - Even if you don't have incoming condition report, one argument that will work in your favor is that there are only scruff photos at the time you are leaving, there are no incoming pictures available for the same spot, so that you could compare and tell that the scruffs were not there before and have now appeared by your action..

  • Mike88 on 14/03/2017 - 14:29

    If it is so cheap and easy to repair wouldn't the simple solution be for the OP to fix?
    I am a landlord and wouldn't be bothered with something as minimal as that. However if the tenant has been pedantic about every repair in the past then maybe it would be different.
    Also landlord may have little DIY knowledge and taken the first quote they've received to repair it, not really up to them source around for best price.

  • Kingfabay on 14/03/2017 - 16:10

    Hey OP, by any chance are you a student? If you are, try contacting your Uni's student accommodation officer. My experience with the accommodation officer at QUT is that most of them have a thing against agents/landlords ripping off students so they are very willing to help. They can talk to the landlord/agent on your behalf and assist you with your QCAT application if need be. To my knowledge they have a very good relationship with RTA and are familiar with the relevant tenancy acts (That's their job!). Hope this helps.

  • Piranha2004 on 14/03/2017 - 16:11
    +1

    Dont think this is wear and tear in my book. I would expect something put under the bed legs to prevent such damage if it was noticed early enough. Having said that I would never ask for $800 to get this repaired. $200 would probably be a good estimate.

    EDIT: Noticed you fixed it up yourself. Looks absolutely fine. Landlord can now get stuffed as far as Im concerned.

  • zealmax on 14/03/2017 - 18:18
    +1

    The landlord must be newbie first home buyer, rentvester. That isn't even worth pointing out let alone ask to have it fixed. It is simply wear and tear. He will never be able to get a single cent out of you.

  • billa911 on 14/03/2017 - 18:47

    My opinion - normal wear n Tear. Legally you have the option to get it fixed yourself Once a damage has been reported to you..880 is rip off..this is a easy diy fix..sandpaper and polish is all you need

  • Oliver on 14/03/2017 - 19:36

    You could have put felt protectors on whatever caused that.

  • Shame on 14/03/2017 - 21:33

    Looks like fair wear and tear to me. If you still have access to the property and they charge you $800 then remove the sacrificial anode from the hot water system, grind it down and put it back ;)

  • darkchoc on 14/03/2017 - 21:34

    Quickly apply to bond agency for 100% to be returned to you!

    Then let landlady chase you.

    Show agent pictures and quote reasonable wear and tear, show you had felt pads on, get them on side.

    Work out square metre of room e.g. 12m2, show that patch is e.g. 0.01m2. therefore make a counter offer to pay your share of the floor sanding if the landlord wishes to resend the entire floor for a small scuff i.e. $10 or so. Even counter a reasonable $50. Make all offers in writing ccing the agent.

    Let her chase you and show that you offered a reasonable amount. She will waste time and expense chasing you our take a reasonable offer.

  • AG_ACT on 15/03/2017 - 04:41

    I'm a landlord, and I can see why the landlord might not see the original damage as fair wear and tear. Personally, I wouldn't have raised it, but we all have different expectations. After you have polished though, I think the issue has disappeared.

    Best of luck.

  • GregMonarch on 15/03/2017 - 05:59

    Don't know if it's been said, but do not offer to pay anything. They're being unreasonable and it may seem like an admission repair is required, that the angle/light of the photos is hiding (from someone else viewing the picture). And if you're offering x, and they're claiming z, a person judging the matter will most likely try to meet both halfway and direct you to pay y, to end the matter quickly.

    Doesn't matter if you were there 5 years or 5 days. The polish was bound to become marked by someone, doing something, sometime. If they wanted zero scratches they should have laid carpet. (And if they wanted zero carpet stains, they should have polished the boards.) i.e. Things happen when people USE them. They should have left it vacant if they wanted people to obsess 100% of the time AND pay to live there. I bet they plan to pocket the $800 and never do the repair anyway, at least not until a few tenants have lived there. Well bad luck. They already made their profit out of the rent (or should have, if they know anything about property). So if that's the worst they have to gripe about, they HAVE NO gripe.

    Let them waste their time and money trying to get something from you. Because that level of nitpicking (after the 'after' photo) will only make them look foolish, and hopefully face the harsh reality they're not landlord material. It's just a pity you didn't polish before they saw it, and the first photo exists. The marks would have been so mild then, that only a complete moron would waste their time going to some tribunal and try and claim the entire floor needs an $800 do-over.

    If they go further with it and aren't just bluffing, then mention the protection you used, you went out of your way to protect the floor by not buying a bed with wheels, and note the damage is only ONE leg out of four so obviously wasn't deliberate, malicious… etc.

    Oh, and once that's all over, I'd probably drop a photo and letter stating just the facts into the mailbox to warn the next tenant.

  • LKJ899 on 16/03/2017 - 15:41

    Just out of curiosity, would it make a difference if the landlord specifically stated in the contract that there must be no scratches on the timber floor?

  • [Deactivated] on 17/03/2017 - 13:55

    Offer her $50 for her to replicate the work you did since she thinks its not satisfactory. You've clearly shown how much it can be improved by.
    It also puts you in favor of the tribunal as you tried to resolve it beyond your legal obligations before escalating to tribunal.

    They'll throw it out and they'll be pissed at her for wasting their time.

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