Fair Wear and Tear after 3.5 Years

Tenants moved out of house and now have undertaken final inspection and there are a large number of issues. During COVID rents were much lower and we never increased the bond so have only $1120 to work with there. Walls were painted 5 years ago. When tenants moved in there had been two sets of tenants before them and in 1.5 years there had been what I would consider normal wear and tear (a couple of relatively minor scuffs to paint on walls, one edge of wall a bit scuffed with a few slight dings/deeper chips). Overall there were many walls without a single scuff mark (bedrooms) and the living space had two scuff marks across all the walls. We have about 140 photos prior to them moving in circa March 2020 and a detailed property condition report which also highlights the only issues (eg one scuff on this wall etc).

Lots of things have been damaged but we consider a fair chunk of that normal wear and tear (a cracked laundry tile, the towel rail hanging out of the wall, a bit of green crayon on the carpet, rusted bathroom rails and door handles etc). We decided lots of little things like dirty light fixtures and the garden weren't worth even mentioning.

Essentially the big items are:
- two flyscreens very badly damaged (both with multiple holes) that started undamaged prior to moving in (front door had two holes and we listed this at the time in the condition report and of course aren't claiming that). One of the screens they have tried to patch (very badly) and there are still lots of holes left.
- one set of blinds which are completely destroyed to the point they didn't even bother putting about 50% of the blades back, with the remainder either bent or mouldy.
- walls - everywhere chipped to the point that it would take at least a day just to patch up the holes and sand them back, lots of hooks that have been half removed, and paint ripped everywhere where it appears they've had posters or sticky tape. Every wall has large hole and chunks missing, particularly on edges of walls. The walls are dirty, and many have extension writing/pen on them (one wall is absolutely covered in pen).
- installation of hose in toilet (without permission) which has also caused damage to the plaster and we want hose removed.
- substantial damage to laminate cupboards (hopefully able to be fixed with just one panel repaired) and one piece we can just glue back

(There's heaps of intermediary things like dents in cupboard doors, a broken bedroom door, dirty blinds etc).

I know everything has a useful life but it seems in WA it's not agreed upon like in other states. I can understand not being able to claim the full cost of painting but even generous provisions seem to suggest 10 years for paint. Every wall is badly damaged (I was really shocked as to what people had landlords quibble about - because this is extreme to the tiny scratches on floorboards in other posts). The tenant must have got advice from his REA friend who advised he had to remove fixtures and repair holes as says he wants to do this (but unclear how he will fix everything in an afternoon which is what he is proposing).

The kitchen is also very dirty and we have move in photos/condition report to now. The pantry in particular is so bad that I retched opening it to take a photo (lots of food scraps, dirt, possibly rotting food), light fixture very dirty, even cook top and benchtops dirty (there was what looked like animal blood on the kickboards). There's also a lot of damage to the laminate (beyond normal scuffs or cracks). We have heaps of before and after photos.

A new cabinet and basin also went in 5 years ago, and they have spilled blue dye/ink over part of the basin and stained it.

My questions:
1) What amount can I claim for flyscreens - I don't know how old they were but they were in good condition with no holes prior to tenant moving in (and window flyscreens not accessible to kids are all undamaged) - I'd say there's a good chance they are the age of the house which is 20-25 years old. We have only owned the house for 5 years so can't know. I know ATO says fixtures so depreciate over 40 years but advice on-line argues that useful life is less than that.
2) Same with blinds - seem like they are probably newer than that but no way to know as only owned house for 5 years. They were completely undamaged prior to them moving in so they have gone from fine (but obviously at least a few years old) to destroyed. I think ATO says 10 years, but also advice says even if fully depreciated repairs or a nominal amount could still be required.
3) Walls - 5 years old paint with minor markings in two rooms to whole house needing to be repainted after thorough clean of walls and patching. Some places say 10 years but ATO has it again at 40 years. I would say at least 10 years for full repaints, maybe longer, but even at 10 years we are talking 50% of the cost which I gather is a lot (probably $5000 to 6000/2).
4) Can we continue to claim rent while these repairs are being made as we can't possibly relet the place in this state? (For reference market rent is now at least $550pw and was what they were paying in the interim after the refused to leave at the end of their lease because they claimed they couldn't afford $490pw and then went and bought a house)

Problem is tenant is now arguing they will come and sort some things later in the week and also that some things aren't a problem (they said they would collect possessions they left behind for example and clean the kitchen light and pantry and stove). I am worried that in attempting to repair walls, especially if they patch then attempt to paint they will damage the carpets which are in really good condition as they had their own rugs and carpets protecting them throughout the tenancy. The last thing I want is a bad patch and paint which still requires a paint and then damaged carpet. I did read that if you let them come back and clean they still have to pay rent but if you say no I assume you can't (although that seemed unclear on the Austlii page). They also said they will remove the hose but I want to be sure they use a licensed plumber and don't cause more damage. To be honest, I'm not even sure how quickly we'd be able to get painters in and that is another worry if it takes many weeks to get painted. We could do it ourselves but I work full-time and honestly it would take at least a few weeks to do the whole house.

Does anyone have any experience in these things as a landlord (or tenant experiences contesting) - especially large scale damage to walls/paint. Particularly interested in WA perspective. I want to be fair and reasonable and would rather get things sorted quickly and properly with more out of pocket expenses, than have it drag out which will end up costing more and be more stressful for everyone. And for reference the tenants were middle of the road - they were always on time with rent, but made a lot of demands when moving in (wanted curtain rails, another airconditioning unit, us to mow the lawn etc), didn't look after the garden and were very aggressive with rental negotiation even in the changing market (for example, once we suggested a rental increase of $15pw and they said they only wanted a $5pw increase, when the rent we suggested was already $100pw below market). I think the simplest fixes are the hose, blinds and flyscreens and the painting will be expensive, so I'd rather have them pay for these things (pro rata where applicable) and do the rest ourselves for example.

Comments

  • +11

    I didn't read it all, but a word search for 'insurance' didn't find a result. I'd use your insurance
    .

    • I'm certainly no expert but as I understand, landlord insurance does not cover damage caused by negligent tennants.

      I could be very wrong, but I saw a lengthy discussion here once where it seemed a consensus.

      • +3

        It used to. That's kinda the whole point of it. :)

  • +3

    Poor tenant….

    • +2

      Holes in fly screens got me. Of all the petty shit. I just stopped reading after that.

      dirty blinds…

      Oh the humanity! Won’t someone think of the landlords?

      • +1

        Suggest you read the rest, I do think the OP started with the wrong problems.

  • +14

    In the time you typed that thesis you could have completed all the repairs.

  • +1

    Holi chit!

    • just scrolling hurt my eyes and head!

  • +4

    Keep the full bond

    Don’t let the tenant make repairs. If the lease has expired, you don’t have to let them on the property

  • +5

    woah there….dont use up all your words at once, tiger!

  • +4

    Your REA should be able to advise which of these items can come off the bond. And the rest you take on the chin and fix before renting out to the next tenant at hundreds of dollars per week. Easy.

  • +2

    OP, next time go through an good agent since you asking us all the possible solutions.
    Just fix it and claim it on TAX as expenses (talk to your accountant). There are things you can claim, but that is something you need to figure out (usually agent will work it out).

    Most of those surprising issues are caused by a lack of proper inspections throughout the term.

    Here are some readings:

    https://www.barryplant.com.au/media-hub/blog/what-constitute…
    https://www.rentcover.com.au/info-centre/fair-wear-and-tear-…
    https://www.ljhooker.com.au/blog/wear-and-tear-vs-accidental…

  • +4

    Hanging to see the tenant's side appear on r/shitrentals

  • +5

    Tenants moved out of house and now have undertaken final inspection and there are a large number of issues

    Welcome to owning a house and having people live in it. Like all investments they come with some 'risk'.

    Not seeing anything too major on the list, sounds like a good cleaner and a gardener would fix 3/4 of it. You can take those out of the bond.

    The rest would fall under wear/tear and not worth the hassle. So patch/paint the walls, remove the hose, glue the kitchen back together and the job is just about done.

    Flyscreen mesh is less than $10/window to buy.

    What amount can I claim

    All repairs are tax deductible, so away you go.

    • +1

      All repairs are tax deductible

      I asked a mate this once after he had some tenants that left 3 dead roaches and a some dust on the floor and other tiny minor bullshit non-issues in his property. He was telling me how he was going to take them for all their bond… I asked "Yeah, but it's minor shit, maybe a bit of elbow grease and a trip to Bunnings… And aren't repairs to your rental tax deductible anyway?"

      His reply, and I think this sums up most land lords… "It's not about the repairs, it's about sending a message to leave things how you found them…" He didn't want the bond to do the repairs, but for what he perceived as a punitive lesson to punish someone with.

      • +6

        Common LL model, right there.

      • +1

        His reply, and I think this sums up most land lords… "It's not about the repairs, it's about sending a message to leave things how you found them…" He didn't want the bond to do the repairs, but for what he perceived as a punitive lesson to punish someone with.

        Sounds like just about every petty landlord out there! Only wanting the cream.

        The idea of the bond is to make it the way it was found if they don't do it. In the OP case, a good cleaner and gardener would fix 3/4 of this and the tenant will cover those costs.

        But if you're a LL and get hung up over 3 dead roaches and some dust on the floor, then they need to have a serious hard look at themselves for renting a roach-infested place out in the first place…. Maybe they died after the tenants moved out and had nothing to eat :)

  • +5

    I once had a landlord claim the cleaning costs of a rental they evicted me from to do renovations - the cleaning was done AFTER they had it renovated. I have zero compassion for landlords who bitch they aren’t covered for things they should be covered for.

    Yes, some tenants maliciously damage properties and that’s not ok. The landlord needs to be protected at no cost to them for these instances.
    But fly screens? Come on.

    • +2

      Yeah but when I was a tenant, I fixed the fly screen with a trip to Bunnings, which cost under $50. Come on. It goes both ways.
      As a landlord, vertical blind clips were broken, just a simple trip to Bunnings fixed the issue.

      • I just fixed a sink that was leaking from the drain because the silicone had worn out.

        Happy to do little jobs like that, especially ones that cost me under $10, but once you’re leaving it doesn’t make sense to keep doing them - especially when the landlord is technically responsible for them anyway.

        • There are quite a few cheap asses/inconsiderate ppl on both sides of the coin lately. Then again some of us not hands on fixing tiny issues, I get it.

  • +5

    Made a silly risky investment, next time try Beanie Babies

  • +1

    Glad the OP is forensic enough to differentiate different blood origin, on the kickboards.

  • You should have landlord insurance. From the description, all look like wear and tear and upkeep.

    Get a good handyman and you and your friend join together and get things fixed without wasting any time.

    I had bad tenants and it's in your best interest to spend time and money to get the property back without any delay.

    • Thanks yeah I think faster is better.

  • Is the hose in toilet installation a bum gun?

    • I would say so….Installed during the covid toilet paper crisis…

      • -1

        It was for cultural reasons.

        • I'm aware, you missed the joke though! :)

  • +1

    No way you can bill them for repainting the whole place, and why would you? Patch it up and let the new tenants move in.

    Sounds like they need to be billed for cleaning, maybe the blinds if cleaning and a few clips doesn’t fix it, but the place doesn’t need to look sparkling new.

  • +5

    Caring less and less about your investment properties the more I read about them OZB. You're of course hoping house prices triple by the time you sell it, despite the fact that means houses for us and our children will also triple.

    • +2

      Seeing so many complaining about the rent not covering the 'costs' of ownership and complaining they can't put it up more!

      LOL Its an investment, just like shares, you don't always make money!

      Many also fail to understand that most money made in IP is when you sell. Lose $20k a year on the property, but sell for $200k profit 5 years later, still means making $100k.

      Not sure if property has those legs left in it to keep going up like it has for a while.

      • +1

        Also if rent over 30 years 100% covered all the cost of ownership, the entire mortgage, all repairs, all fees. Then what, they expect to get a "free" three million dollars 30 years from now when they sell it? Everyone believing it is that easy is why the bubble is so big. And 30 years is more than enough time for all the states to increase supply and build more than enough high density housing to burst the bubble. Of course state and federal parliamentarians and senators own more than their fair share of investment properties so they are literally invested in seeing that never happen….

        • +1

          Also if rent over 30 years 100% covered all the cost of ownership, the entire mortgage, all repairs, all fees. Then what, they expect to get a "free" three million dollars 30 years from now when they sell it?

          Basically….. Too many of those get rich articles via property schemes being pumped on Domain/realestate who love to run articles on how someone working at mcdonalds ends up having a property empire by the time they are 25.

          Everyone believing it is that easy is why the bubble is so big. And 30 years is more than enough time for all the states to increase supply and build more than enough high density housing to burst the bubble

          The bubble grew as interest rates dropped…… Now rates are going back up, the bubble can't really keep growing like it was.

  • Your tenants were destructive grubs, as others have mentioned hopefully you have landlords insurance otherwise use the bond to pay for all the repairs necessary to bring the property up to the condition it was in before they trashed it.

    • -1

      Yeah unfortunately no insurance. But we do have the bond.

      • Better than nothing. :) And a lesson for next time.

  • +3

    nearly all you said is not normal wear and tear.

    Use this as a guide for wear and tear: https://www.fairtrading.nsw.gov.au/housing-and-property/rent…

    Chipped tiles, holes in wall, misplacement of bar…. all NOT wear and tear.

    While chips in walls, scratches do happen, tenants sometimes patch them up easily and find the right matching paint.

    Best advice is to speak with your REA and Insurance to see what you can claim but IMO, I wouldn't give the bond back based on what you said.

    • No insurance and no REA. The former obviously on us.

  • +2

    I don’t understand tenants doing this? Who leaves a house in this state before the final inspection and then says they will come back and fix things? Frankly the fly screens and blinds aren’t a big issue, they can be easily replaced with a quick trip to Bunnings, but leaving drawing on walls and mess everywhere is just stupid. Did the tenant think you would be just grateful he left without a fight so you would sort everything out? As a tenant I made sure things were cleaned up properly before we left. In fact we usually got complimented and never had bond issues.

    There is a reason people use a REA to act as a middle person. They tell you what is acceptable and they sort shit out. You just need to find the right one.

    My suggestion is look at the cost of restitution, the payouts from insurance, what grief hassling will cause you and see if it is worth trying to pursue the tenant. If you want a good job done on fixing things I wouldn’t bother letting the tenant back in. They didn’t care much in the first place. It will be interesting if someone asks for a review for them.

    • Yeah I’ve found the comments here really helpful (even the negative ones as it’s good to hear perspectives). I appreciate that about flyscreen - I wouldn’t have thought it that simple or cheap so will do some more research and try and resolve that way. To be clear the two screens were undamaged and now they are damaged. There was a third with holes which I would have happily replaced but tenant had no issue with it at the time.

      We had an agent once and they were not good but yes there’s always good and bad agents of course.

      I do appreciate the comment about the quality of the work too so that’s worth thinking about.

      • I understand it can be very frustrating when dealing with these things. I’m not sure how fancy your fly screens are but we made some relatively cheaply. It is a reasonably straight forward process as well. Perhaps rather than blade blinds you could look at roller blinds or blockout curtains. Bunnings, IKEA or somewhere like Costco could help. We’ve bought a few blockout curtains with some sheers for privacy when the curtains are open. Frankly blade blinds are just a dust trap. Things like Blockout curtains also go well in the washing machine.

        Best of luck.

  • +5

    Landlords that buy houses and not expect to have to maintain/put money back into them are kidding themselves.
    Houses are never a set and forget affair, there's always costs associated with it. Admittedly a fair bit of that isn't wear and tear and i do sympathise with you on that one. Flyscreens though are cheap af and if it already had holes in it then it was no longer fit for purpose when the tenants moved in.

    If you don't want the problems chuck your money into the bank/shares, you'll likely get a similar return without the headaches.

    • Definitely have been considering it! Vanguard ASX 300 offering similar returns without any hassle. Of course also important to diversify.

      We have done plenty of maintenance on the house over the 5 years and were always quick to hold up our end of the bargain. Put the curtain rails in to make them happy and mowed the lawn etc. No issue with replacements and will be replacing things without worry about it but the walls are not an easy fix (but yes maybe dealing with blinds/fly screens quickly and cheaply ourselves is better).

  • Exactly what the political class wants to see happen. People fighting over petty stuff on these boards.

    Don't lose too much sleep over trivial amounts. If it is not repairable it must be written off for tax purposes.

  • TLDR version?

    • -1

      Tenants trashed house, didn't have insurance, OP wants to know if it's OK to keep the bond.

      • +3

        Tenants resided in house, didn't have insurance, OP finding out there are financial risks associated with their investment that they perhaps should have insured against

        • For what it’s worth it would be much worse for tenants if we had insurance. The insurer would then pursue the tenant for the costs and they are much more militant/unreasonable. But yes as I said above definitely something worth mentioning as part of the problem here.

    • Unprepared landlords are victims.
      Due diligence, where can I buy some?
      Flywire is so expensive

  • No insurance not much sympathy

  • What did the REA say when you asked them? No REA then what did the landlord insurance that you have say when you called them? If both no, then you need good luck in dealing with this.

  • We are in NSW so may be differences, but basically if they don't have money you won't get any out of them. If you had insurance it probably wouldn't have been harder on them as you've theorised above, because many insurers don't cover tenant neglect, which sounds like most of what you've described. Our insurer wouldn't pay out loss of rent either as they considered the place "habitable" which is a low bar considering holes in the walls and broken glass doors.

    You should still get insurance though. You can probably get the bond on damaged items and cleaning.

    It's just a loss on investment unfortunately, which is the risk of investing. Still sucks that people live like that.

  • A Tenants Perspective.

    I pay $500pw rent for 8yr old 3 br townhouse that looks near brand new. Been here over 2.5 yrs while looking to purchase a home.
    I have 6 mthly lease agreements and 3 monthly inspections. At commencement of lease I was given a 21 page Tenant Handbook, setting the standards and expectations as well as providing cleaning guidelines, maintenance instructions and routine inspection checklist. Faults are encouraged to be reported and promptly fixed.

    Whilst searching for a home to purchase, I have inspected quite a few Ex-rentals asking top $ for poorly maintained properties. But for the present housing climate these ex-rentals would be a hard sell.

    How will you prevent what just happened from occuring again.

Login or Join to leave a comment