Renter Broke The Toilet, Property Manager Wants Me to Replace It

*****Thank you for your input, I am going to replace the toilet.*****

Hello forum members,

I find myself in a perplexing situation regarding a rental property, and I would greatly appreciate your advice and insights.

Around a year and a half ago, I rented out my house through a real-estate agent. Prior to the rental, the toilet in the house was in good condition and had passed the inspection conducted by the agent. I have received two inspection reports, one during the first tenant's stay and another after they vacated, and both reports indicate that the toilet was in good condition.

However, the second tenant, who moved in three months ago, is now requesting a replacement for the toilet. They have sent me photos showing a broken toilet base and claim that it needs to be fixed. I have been arguing with the agent, asserting that it is not our responsibility as the damage was not present during the inspections.

In response, the agent insists that it is the owner's duty to cover the cost of repairs. I have gone as far as challenging the agent and threatening legal action, as I possess evidence to support my case.

Now, the agent is suggesting that the house is old and toilets can naturally crack and break, and that the authorities will typically side with the renters in such situations.

At this point, I am uncertain about the best course of action. Should I simply accept the cost and proceed with fixing the toilet, or should I continue to contest the matter?

Comments

      • +17

        The post you replied to made was measured and accurate. Frankly, I’m having trouble working out what your post is trying to say.

        • -1

          And I agreed with the measured comment. See?

          "you can't throw everything at tenants."
          I replied
          I agreed and added>
          "Seems to be a regular sport here"
          Simple>>>

          But wait there's more you missed>
          "It's all the about the 'munnies' and the herd paying attention to "their needs".

          means the OP puts profit before duty of care, and must tell their tale of woe online rather than just get on with the patently obvious. Frankly you should stop looking for reasons to neg me and just read the context

  • +47

    I have gone as far as challenging the agent and threatening legal action, as I possess evidence to support my case.

    Agent be like, as if this cheap ass going to spend money on a lawyer 😅

  • +4

    its ok the lawyer can say it broke because of the vibe??

  • +23

    It is your responsibility as the landlord to ensure that the house is liveable for the tenants. If you start scrutinising every repair request through the lens of doubt and negativity, it is not going to be easy for you and the tenants. Just accept that sometimes things happen unexpectedly.

  • -2

    OP is new here. Literally

  • +17

    I'm very confused as to exactly how you think that the renter did this. As opposed to it being very old and deteriorated over time

    • -2

      Never heard of hidden cameras?

  • +3

    Sydney water will replace it for you for about $150 if you are in sydney. Pm me and ill give you more deets

    • +3

      Sponsoring sloth via taxpayer cash. OMG

      • Is it this program? https://www.sydneywater.com.au/your-home/helping-you-save-wa…

        Havent heard it before. Can you share details with ozbargain community

        • +2

          You just did.

          Another trough full of NSW tax money lining pockets of businesses , all dressed up as water saving, meanwhile a few dozen elite private golf courses never go off bright green, no matter how hot & dry the place is.

    • +10

      Wait, so NSW taxpayers get to subsidise wealthy landlords in offsetting their plumbing costs!!?

      • Yes

        • +2

          What a time to be alive!

          • -1

            @Drakesy: the next pandemic may dull the thrill, a tad. Russia's latest retaliation to Ukraine (ports) will warm the planets stability up, too. Europe is frying as we speak.

      • Not all landlords are wealthy. I'm guessing this one isn't!

      • Living in this country is all about taking advantage of what you can, and wealthy people generally are more educated, or have accountants or property managers who actually would and should know this information and inform clients.

      • Welcome to the modern economics

    • +1

      Is there any VIC equivalent?

  • +31

    At this point, I am uncertain about the best course of action

    Probably sell the investment property. You don't seem to be able to handle the associated ongoing maintenance costs that may arise from owning one.

    Perhaps in index fund might be an easier option

  • +10

    So OP where are the pictures for us to see what the damage is?

    Anyhow……..

    In response, the agent insists that it is the owner's duty to cover the cost of repairs. I have gone as far as challenging the agent and threatening legal action, as I possess evidence to support my case.

    So you pay an agent to manage your property and they are telling you it is up to you to fix and yet here we are…… wanting to go to war over what you later claimed would be a $500 repair.

    Just pay it and move on, while you have some free time, google scum lord and have a read.

  • +22

    Are you a new landlord? You have decided to rent out the property when you moved for work. Shit breaks and unless you can prove it was purposeful or that the agent did something wrong, pay the friggin $ and move on. If you're worried about the tenants disregard for the property, well you can't do anything right now about that. Just make sure regular inspections are completely properly. This is a really silly convo imo.

  • +2

    I've lived in old houses and new house, we have never broken a toilet. I also never heard of anyone breaking a toilet.

    • +1

      I have.

      Have your ever had a car drive through your lounge room?

      • +4

        No, but even if I had I don't keep my toilet in the lounge room.

        • +2

          Neither do I, but my neighbour had a car drive through their lounge room.

          I've never had that happen to me, and I've "lived in old houses and new and never driven a car through a lounge room. I also never heard of someone driving through someones lounge room".

          But alas, shit happens. Pun intended. Broken 30+ yo toilets likely happen.

  • +10

    If I was the tenant I would ask for rental relief with out a working toilet. You need to grow up as things do break down

    Or do you have any proof the tenant maliciously destroyed it ?

    • +6

      All renters are losers with a drug addiction.

      /s

  • +8

    For a such old toilet, even you have evidence that the tenant broke it, they only need to pay for the portion of the remaining expecting product life. Also if the toilet split apart and casuing injury, you might be liable.

    • +9

      OP, this likely your answer. Below is an example where a NSW Tribunal used ATO defined expected life of a carpet being 10 years and even though it was damaged by the tenant beyond wear and tear, the tenant was not required to contribute.

      But, just from a general perspective for such a relatively small expense, you've owned the house since 2019 and likely benefited from huge capital growth. You can claim the replacement on tax. The property you own then gets a brand new toilet replacing one 30 year old. With all this considered, must you try to squeeze every cent out of the tenant with the way the Australian housing market is? You've also caused yourself, the agent and the tenant unnecessary stress.

      https://www.caselaw.nsw.gov.au/decision/1735b314ed3a1efd1ef5…

      Paragraph 53 - "The difficulty for the landlord with respect to this element of the claim is in establishing any compensable loss arising from the tenants’ breach. That is because I am satisfied on the basis of the landlord’s conflicting evidence that I must assume that the carpets exceed 10 years of age, having been installed in 2005. Carpets have a depreciable life of 10 years for Australian Taxation purposes: Australian Taxation Office, Guide to Rental Properties 2018 at page 38. The landlord had therefore had the benefit of the full period of expected use of the carpets when the tenants returned possession, and she can have suffered no loss because they required replacement."

  • +16

    Yet another entitled property investor looking for a riskless > 10% p.a. capital growth.

    You've invested in a risky real asset. When you invest in a real asset, things break, you incur maintenance costs, and you have to face the risks associated with such.

    If you're not cut out to deal with these risks, then buy shares instead.

    If you don't like any form of risk, then put your money in savings account.

  • +17

    OP you should have realised you were wrong when the agent was taking the tenants side, this has to be a troll post

    • on the contrary, i know my friend's agent said " even though the tenants left without doing an end of lease clean, just get it done yourself" because the agent didn't want to take it off the tenants bond. the photos were pretty obvious that there was no end of lease clean done ( it was cleaned before the tenants moved in at the start of the lease) and it was acknowledged by the agent as well. i wasn't sure if this agent was acting in the owner's best interest here. i have rented multiple properties in different states and no agent was so kind to us tenants.

      • +2

        The PM will often do whatever is the least work for them.

  • +7

    toilets break, shit happens, of course it is your responsibility to replace it, what? do you think it will just last till the end of time, maybe it will and maybe it won't, but if it does break, it is your responsibility, unless you can prove the tenant was doing something malice or irresponsible, otherwise it is on you, i guess you are going to get a real shock when you are due to paint the walls and re-carpet the whole house, just so you know, you will also be responsible for that

  • +14

    and threatening legal action

    For what?

    Now, the agent is suggesting that the house is old and toilets can naturally crack and break

    Most toilets of that age are ceramic and ceramic develops micro fractures over time until enough pressure or use is applied that eventually it cracks. Look at any 30 year old ceramic tiling. Same issue. Your agent is 100% correct here

    At this point, I am uncertain about the best course of action.

    Unless there is evidence of deliberate damage, you pay it. And even if you have evidence, you still pay it and take them to nCAT over the matter,

    Should I simply accept the cost and proceed with fixing the toilet, or should I continue to contest the matter?

    If you go to nCAT you'll be reamed. You have a house without a toilet. This is considered an emergency repair. You should be getting this fixed rather than arguing with people.

  • -1

    They have sent me photos showing a broken toilet base and claim that it needs to be fixed.

    Is the toilet still functional? You could always tell the tenants to live with the broken toilet until it becomes non-functional.

    The break could've happened at any point.

    • +1

      I wouldn't risk a leak that may result in flooding. Much more costly vs just paying $500 to fix this.

      • Huh? There's no risk of flooding from a broken bowl.

        If the bowl or tank is leaking, I wouldn't consider that a functional toilet.

        • -1

          If the bowl breaks the cistern likely falls off. Cheaper to fix it now then it breaks on the weekend and you end up paying double for the plumber. Also if the tenant has notified you and you don't fix and it breaks whilst they are sitting on it and hurt themselves you are probably responsible and insurance will maybe not cover you.

          Why would any landlord not want to keep their property in good condition? You never know when you need to sell and a well maintained property is going to get more.

          • @tomfool:

            If the bowl breaks the cistern likely falls off

            Huh? There's a million different configurations for toilets and cisterns. Including some without a cistern at all. Guess what? Most of them wont fall off if the bowl breaks. Not sure where you pulled that out of.

            Cheaper to fix it now then it breaks on the weekend and you end up paying double for the plumber.

            Really depends on the scenario. Yeah, single toilet house I would agree. Multiple toilet house, you can wait a few days, no issues.

            Also if the tenant has notified you and you don't fix and it breaks whilst they are sitting on it and hurt themselves you are probably responsible and insurance will maybe not cover you.

            Most ceramics will have some faults - hairline cracks/chips/dents/etc. You need to assess each situation on a case-by-case basis. You can't go replacing everything because of minor faults. The OP provide many details about the nature of the fault. Definitely needs urgent attention if someone might get injured.

            Why would any landlord not want to keep their property in good condition?

            Some landlords are slumlords. Some tennats are idiots requesting repairs for minor issues. I'm not sure what you want me to say. I didn't say ignore an urgent or dangerous issue. I said if the toilet is functional leave it.

  • +5

    Oh… OP reminds me of this Judge Judy case

    • +1

      comedy gold. fair wear and tear. in the above posters case.

  • +5

    Renting, had a toilet that was running (leaking) and flushing randomnly. This is classed as an Urgent repair in VIC. Landlord faff'ed around with emails until i mentioned VCAT and refered the property manager to the Act (Section 72 – Urgent repair).

    Instead of just replacing it for $570 they sent a plumber to assess and try and fix the button/cistern for hours. Sure enough they f***ed it completly and ended up coming out again, to put a whole new toilet (bowl) and cistern. Would have been alot cheaper for them to a)not to pay the 8% mananagement fee and also just to get someone to replace the whole toilet in the first place.

    Paying $1000, per week in a leafy suburb, in a 3 Million+ dollar old house. Up to you how you spend your time and energy - is it worth it? Am I doing whats right, when my tennants can't take a sh*t?

  • +2

    It can be argued this is wear and tear damage, plus all expense are tax deductible for you, unless the damage can be shown as intentional by the tenant you should wear the cost.

    You pay the property manager to advise you, so accept their advice and do what they say.

    • Exactly. Fair wear and tear. And if you don't listen to the property manager that you pay to advise you… goto ozbargin forums.

  • +3

    When the tenant reported a crack in the toilet, maybe they meant their arse?

    • +4

      Technically every toilet has a crack or 2 at some stage throughout the day.

  • +4

    Maybe the new renter grips the toilet really hard causing it to crack. Or perhaps they are using it wrong.
    I recommend observing the throne being used by the alleged wrong doer and forming a decision thereafter.

    • +1

      OP needs to install one of these signs above the new replacement toilet.

      • Don’t you dare mock the Asian way of sitting on the toilet. You see them squat like that in the streets of Bali. Damn that place smells

  • +10

    You've been supplied a photo of the crack. Does it show any sign of localised drop damage to due to perhaps an object being dropped on to base, or is it a crack along a surface?

    Toilet bases can & do crack with age. If it's 30+ years old then it's certainly possible that it may have developed a hairline fracture which over time hard turned in to a crack.

    Additional advice:
    If the oven happens to die, or the water heater happens to spring a leak, you're also going to be expected to repair/replace them due to age. You shouldn't expect someone renting a property (given its age) for a very small amount of time (3 months on this case vs a ~30 years old house) to foot the bill for general wear & tear repair & replacements.

    "The house was my primary residence, and I never intended it to serve as an investment property. However, due to work, I had to relocate to a different state."

    Fail to see the relevance of your repeated statement in this matter, other than you are deriving a financial benefit from leasing it out.
    Part of your responsibilities as a land lord is to deal with repairs in a timely manner.

    "I am afraid it will reach a point where I am genuinely worried about their disregard for the property."

    You're going to have to take some time and consider whether you're cut out to be land lord, or happy to leave the house disused whilst you're not residing in it.

  • +13

    At this point, I am uncertain about the best course of action. Should I simply accept the cost and proceed with fixing the toilet, or should I continue to contest the matter?

    Sell your investment property.

    You're not cut out to be a landlord.

    And this is coming from someone who had to pay $2k last month for a plumber and gardener to permanently kill some tree roots messing with my toilet drain pipes at my own IP.

    • I think you mean your tenants neglected to remove the tree roots before they got into the drain. I don't know how you're not "afraid it will reach a point where you're genuinely worried about their disregard for the property"

      • +1

        No, it was my oversight that led to paying more recently.

        It's an interstate IP and I did have the pipes cleaned out earlier this year but it wasn't until I got the gardener in for something else a few weeks back that he proposed to kill the roots.

        Unexpected problems is just part of being a landlord.

      • +1

        I think you mean your tenants neglected to remove the tree roots before they got into the drain

        Why the eff is that the tenants responsibility?

        • +1

          Pretty sure he's joking… give away is the link back to the OPs own words.

  • +3

    Food for thought.

    Once lived in a share house.

    The toilet base cracked when one of the other house mate's friend thought it was a grand idea to copulate whilst sitting on it with some random from a night club.

    The tenants were responsible to replace the whole toilet.

    • -5

      That's the question I'd be asking. They don't just break. Tell me what happened, then we'll know who's responsible.

    • Why would you come home to screw in a toilet? If you are going to do that then screw at the night club.

  • +3

    If the property manager wants you to replace it. they would have had communication with the tenants and have heard their arguments as well. You dont want to spend 500 for a toilet and u are threatening to take legal action which even may not even result in your favor and will probably cost more in money and time wasted.

  • +7

    Landlord should replace the toilet. Toilets wear out, it’s just unavoidable. Wear-and-tear, then one day it breaks. As a long-term renter for most of my life (mostly in share houses) I have experienced this. In my opinion, the landlord is responsible for keeping all the toilets, showers, kitchen sink, laundry sink and electricity running. Also, door locks, garage doors, window hardware and anything else that deteriorates over time must be maintained in functional condition. Tenants are responsible for fixing anything they break by accident, such as holes in wall.

    • I'm curious about this toilet base breakage you experienced. Was there a particular incident, or was it fine one day then the next day it had just broken with no intervention?
      I've never seen it. However, another post indicates that it's so common that it's put on the rental agreement that tenant is responsible.

      • +1

        I would have thpought the tenant should only be responsible if they maliciously damaged/broke it by not using it for its correct purpose.

        • Tenant would be responsible if they broke it regardless of whether it was malicious or how they where using it.
          If toilet bases do legitimately brake due to age, or someone mentioned soil movements, then that would be on landlord.

        • The tenant would never admit to divebombing onto the toilet…

      • +4

        The risk of someone accidentally breaking a toilet by being careless is extremely low in my opinion. You sit on a toilet and that's it. There is typically not enough room around a toilet for you to get in there to cause some damage. But they do require servicing and occasionally replacing in the long-term. Some toilets are thirty or forty years old. I have experienced 3 toilets being entirely replaced in my years of renting, and also several issues requiring a plumber to service the toilet.

        Things do wear out and landlords replace them. I've experienced landlords replacing ovens, toilets, windows, etc. If it's rented fully/partially furnished, good landlords even fix/replace things like washing machines and fridges when they break/stop working.

        In my opinion, good (kind, understanding, responsible) landlords encourage good tenants to stay long-term. It's a win-win situation. Stingy, greedy, nasty landlords do not encourage good tenants to stay long-term.

        • Just for the record, I've never had a tenant leave any of my non-apartment rentals by their choice. (The apartments are short term rentals; and I had to evict 1 tenant). The others are approaching 20 years of mutually beneficial relationships in which I pay when things become end of life e.g. a hot water system fails, and the tenant pays for repairing any damage they do.

          You can be stingy and be a good landlord. You can require the tenant to meet their obligations under an agreement without being greedy or nasty.

          As I've said, I'm willing to concede that this toilet breakage may have been an end of life failure. But I'd certainly be investigating the circumstances to determine whether that is the case, or whether the tenant had done something dumb like standing on the toilet to change a light bulb.

      • -1

        I've never seen someone forcefully break a toilet, so, by your logic, it's not likely.

  • +8

    It's a 30 year old toilet, and only costs $500 to replace? Just replace it, you are being silly.

    • +4

      silly is a nice way of saying 'ignoring the expert he pays (agent)' and going to the internet for random advice. Its pants on head retarded.

  • @veidt what is your evidence that supports your case?

  • +1

    Tenant is 200kg….

    • My brother broke a toilet after many years and hes heavy! So I dont know what the MAX WEIGHT is on some of these toilets LOL

  • +2

    Surely the OP is trolling us all!

    • More than that: So bikies to the landlord!

  • +5

    tell renter to eat more fiber

  • +6

    Threatening legal action against a REA over a legitimately broken toilet you are being stingy about? If I were the REA I would tell you to go find another agent.
    You are the reason why people look at Landlords like scumbags. Do better!

    • +2

      You would never be a REA. A REA would never turn turn a commission.

  • +2

    So you've moved interstate and you've decided to rent your property clearly for financial reasons.

    You're going to have accept that other people are living there, things will break, and there will be wear an tear. Walls will be scuffed, carpet will be worn, things will break and everything will continue to be used while you're gone.

    You have to seriously consider whether you can handle that. When you move back in, you may have to re-paint, re-carpet or replace bathroom cabinets or kitchen cupboards.

    Consider the fact that any repairs and costs including the interest on your mortgage are tax deductable. Anything new can be deprecated (while there are tenants) and you're receiving rent for the property which is to cover repairs, maintenance and wear and tear.

    If you expect it to remain in the exact condition that it was when you left, your only option is to leave it empty. You can't expect people to live their lives covered in bubble wrap so that your 30 year house doesn't have any additional wear.

    • OP needs to accept wear and tear. I'm now unsure whether a toilet base can brake from wear and tear. Tenant will remedy breakages etc.

  • +5

    The toilet in a house I was once renting cracked sometime during the night, apparently porcelain can spontaneously do that, especially old toilets.
    The landlord replaced it no problem.

  • -4

    I can empathise. My tenant shattered my bathroom sink, claimed they didn’t and got away with it. Given it’s semi recessed I now have to replace the whole vanity cos there aren’t any I can find that fit the hole.

    I’ll just bump my rent to keep out the lower class

    My REA agreed with me that it was damaged during their tenancy but didn’t give a shit. In addition their dog scratched and passed all over the carpet and there were several dents in the walls, particularly near the bathroom. This leads me to believe it was either DV or rigorous intercourse.
    Only accepting divorcees without pets now 😂

    • +2

      and who only will ensure gentle love making

    • remember many divorcees go on the prowl.

  • +2

    was the toilet pan rated for a 150+ kg load? how do you expect an average australian renter to sit down on such a flimsy structure without breaking it?

    • Tenant needs to take a dump to lose weight but can’t because of broken toilet - vicious cycle

  • +4

    Fix the toilet

    • OP needs a fan here
      they say: once the sh** hits it…

  • +1

    Where is the actual break? If its near the base possibility house movement was the cause not the tenant.

  • +2

    if you won't fork out for a new toilet, you're hardly going to hire a lawyer. You're lucky the agency doesn't dump you after this. Just replace the damn toilet.

  • how much do toilets cost? I've owned an IP and just fixed whatever over the years. Never fixed a toilet but am interested in total cost.

  • +10

    replacing an old ass toilet due to wear and tear is the landlord's responsibility

    what's next? the floor boards started creaking tenants fault for normal use? dishwasher stopped working tenants fault as it was working before? Letter box fell down, it didn't fall before.

    there's an endless list of items with the age/wear and tear vs deliberate damage

    • Username checks out. We've found the tenant.

      • +1

        I'm the nice landlord that replaces these things :)

  • +1

    cost of doing business

    Nothing lasts forever

    You cant prove it was the tenant who broke it and you didnt say how it was broken

    If you contest the matter and loose the renter can claim that it has impacted their living and possibly get reduced rent while you dragged it out and you will have to replace it anyway. Its simply cheaper in the long run to just fix it dude

  • Threatening legal action against your REA is not a positive way to deal with this. Replace the dunny. If it's 30 years old, it's fully depreciated anyway. Do you really want to get into a fight with the agent or tenant about replacing the dunny when it's this old anyway? Sometimes things break.

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