Tenant Not Reporting Damages!

LKJ899 on 24/04/2024 - 21:36
Last edited 25/04/2024 - 14:49 by 2 other users

Tenant did not report on damages. We found out the pergola was damaged during routine inspection. According to tenant it was due to hail storm (tenant doesn't know the exact date of when it happened)

I don't think insurance will accept my claim because there's insufficient details and it's too long after the storm happened.

What can I do? Can I get tenant to cover for my losses?

For example, if your property was damaged due to a storm many months ago. For whatever reason the tenant did not notify the agent and couldn't remember when it happened. Obviously the damage was caused by the storm but because the tenant did not report the incident asap, insurance company rejected the claim, is everyone here saying the tenant doesn't have any responsibility at all and landlord should just fork out $10k, $20k or whatever the amount?

Home & Garden

closed Comments

  • jug123 on 24/04/2024 - 21:43
    +4

    What can you do? Talk to your agent and get them to have a conversation with the tenant about advising R&M issues as soon as they become aware of them
    Can I get tenant to cover for my losses? Not unless unless you can prove the tenant was negligent

      • rumblytangara on 24/04/2024 - 21:55
        +4

        Well, don't renew when the lease is up.

          • rumblytangara on 25/04/2024 - 10:10
            +1

            @LKJ899: The word was "renew"

            • rumblytangara on 25/04/2024 - 16:56
              +9

              @rumblytangara: @xwon123 I have read your other posts here, and other threads.

              I feel sorry for your tenant having to have anything to do with you.

      • Mechz on 24/04/2024 - 21:56
        +16

        Just be like most owners and leave stuff broken.

        • LKJ899 on 24/04/2024 - 22:25
          -5

          not expecting them to…but at least inform the agent

        • websterp on 25/04/2024 - 08:33
          +4

          . Best practice as a landlord is to visit your investment property(ies) every week to make sure nothing has been damaged

          Why weekly? Might as well get rid of the tenant and move in permanently.

        • gromit on 25/04/2024 - 22:39
          +3

          Good way to get thrown in jail or a restraining order. In Australia the landlord has very limited rights to visit the tenanted property.

          • Jackson on 26/04/2024 - 08:56

            @gromit: That's why it's a decent idea to self manage

            • gromit on 26/04/2024 - 09:28

              @Jackson: Makes no difference, you still have extremely limited rights to visit.

        • ThithLord on 26/04/2024 - 08:57
          +1

          Typical Land-leech comment

      • AustriaBargain on 24/04/2024 - 23:11
        +5

        If tenant has a hail making machine you should probably invest in it asap, that kind of technology is worth a fortune if it works.

    • Sinnerator on 25/04/2024 - 08:55
      +1

      was the tenant negligent by not reporting the damages?

      • LKJ899 on 25/04/2024 - 10:35
        -3

        how to prove negligence?

        • us3rnam3tak3n on 25/04/2024 - 22:53

          If the tenancy agreement states a time frame for reporting damage and they did not abide - negligence.

  • Mechz on 24/04/2024 - 21:56
    +2

    Maybe they didn't notice. Outside things that are subject to the weather could have happened at any time.

  • altomic on 24/04/2024 - 22:01
    +7

    I don't think insurance will accept my claim because there's insufficient details and it's too long after the storm happened.

    what did the insurance company say when you called them and asked about making a claim?

    • Euphemistic on 25/04/2024 - 10:36
      +1

      Before you ring them try to find out when a hailstorm hit the area. Nearest month is probably OK to start the phone call. Take advice fodm the insurer if you need to narrow it down to a date.

    • coffeeinmyveins on 25/04/2024 - 08:36
      +10

      yeah, nah, that won't work.

      If the damage is clearly from hail, which there will be, the renter is not responsible for that BS. nice try though jv.

      • jv on 25/04/2024 - 09:15
        -4

        If the damage is clearly from hail, which there will be

        Prove it.

        • JimmyF on 25/04/2024 - 10:25
          +7

          Prove it.

          I believe it will be on the scumlord to prove it was the tenant that caused the damage, not the other way around.

          • jv on 25/04/2024 - 11:34
            -4

            @JimmyF: VCAT disagrees with you.

            • Iwantthebestprice on 25/04/2024 - 13:32
              +6

              @jv: incorrect if the tenant is taken to VCAT and says the damage was caused by a hailstorm, it’s then to the agent to prove otherwise. I would say damage to a roof caused by hailstorm can never be attributed to a tenant. Would love to hear how you think an act of nature can result in the tenants bond being withheld.

              • jv on 25/04/2024 - 13:34
                -8

                @Iwantthebestprice:

                incorrect if the tenant is taken to VCAT and says the damage was caused by a hailstorm, it’s then to the agent to prove otherwise.

                Tenant has already admitted they are not aware of hailstorm damage, otherwise would have reported it.
                Damage to the property that hasn’t been reported is the responsibility of the tenant.

                • Jolakot on 25/04/2024 - 21:00
                  +5

                  @jv: At least in VIC, the bond can't be claimed for wear and tear, and natural disasters and weather are explicitly included in the definition of wear and tear.

                  • jv on 26/04/2024 - 09:05

                    @Jolakot: Can you prove what the cause of the damage was?

  • bdl on 24/04/2024 - 22:13
    +4

    Someone set u up the bond

  • randomusername2017 on 24/04/2024 - 22:48
    +9

    Lucky the toilet wasn't cracked, AC not set to max and the dishwasher was still accounted for …

    • AustriaBargain on 24/04/2024 - 23:12

      Ha, that guy would have seriously replaced the toilet with a hole in the floor if we suggested it to him. Landlords are sooooo dumb.

      • Clear on 24/04/2024 - 23:35

        Not me. I love spending money on my properties because it's really good for my tax.

        • Clear on 25/04/2024 - 07:01
          +1

          The neggers need a lesson on tax deductions. People run around saying landlords are bad and here's one who hasn't done rent increases and actually fixes stuff. The horror 😱

        • ThithLord on 26/04/2024 - 08:59

          I love spending money on my properties

          I +'d you, on the proviso that you aren't lying!

          • Clear on 26/04/2024 - 09:00

            @ThithLord: If I don't spend enough then I get a bigger tax bill. Who wants that?

  • brendanm on 24/04/2024 - 23:27

    How long ago was the storm? The period where you are eligible to claim is generally quite long, inspections are every 6 months or so, so they damage can't have been there that long.

    • mapax on 25/04/2024 - 07:30

      Inspections are 12 months in Victoria

      • brendanm on 25/04/2024 - 09:50
        +2

        Even at 12 months I'm pretty sure that's still well inside insurance claim periods. On another note, your house can get properly messed up in 12 months.

        • mapax on 26/04/2024 - 06:58
          +1

          Apparently I/the property manager are wrong, not that I will be telling them as such.
          6 month inspections, the smoke alarm inspections, the gas safety inspection, the electrical wiring safety inspection plus the other random reasons to have to take a day off work for an inspection are out of control.

      • Iwantthebestprice on 25/04/2024 - 13:33
        +3

        Did this change recently? When I was renting 2 years back it was an inspection 3 months after moving in then every 6 months. Also in VIC

      • tetra on 26/04/2024 - 05:08

        It's every 6 months in vic.

        https://www.consumer.vic.gov.au/housing/renting/rental-provi…

        • mapax on 26/04/2024 - 06:36

          Interesting. That contradicts the letter my property manager sent me. I don’t doubt it’s wrong though.
          Amongst other things the letter said that under the new rules they could do an initial 3 month inspection and then once every 12 months.

  • GordonD on 25/04/2024 - 09:50

    Tenant Not Reporting Damages…!!!

    The plural of damage is damage.

    Damages are something else altogether. It is money you get paid in compensation for injury or loss.

    • surg3on on 26/04/2024 - 10:04

      Hey hes a landlord. Not a word …learn…guy

  • pegaxs on 25/04/2024 - 09:58
    +10

    Can I get tenant to cover for my losses?

    FMD, all sorry, what I meant was 99.8% of land lords are the worst… We need to have a cleansing rebellion and eat some of these arseholes to send a message.

    Any other "act of God" that you think they should pay for?

    If you were my land lord and you tried to pull this shit on me, I would burn your property to the ground and send you a video of me laughing about it.

    You're acting all "surprised Pikachu" about this when it's more "stick in the spokes".

    • lunchbox99 on 25/04/2024 - 13:32
      -2

      Haha… love it! You so cranky.

    • jv on 25/04/2024 - 13:36
      -4

      Thus why you can’t find a rental property.

    • Clear on 25/04/2024 - 16:16
      -1

      The only thing that would tip you off more is if the landlord drove a Tesla 😜

    • bigbadboogieman on 25/04/2024 - 21:22
      -2

      Why so angry.. jeez..

    • us3rnam3tak3n on 25/04/2024 - 22:58
      +2

      But the 99.8% give the rest a bad name

  • JimmyF on 25/04/2024 - 10:23
    +13

    What can I do? Can I get tenant to cover for my losses?

    Typical scumlord mentality, always someone elses fault and to pay.

    Tenant didn't cause this damage. So not their fault.

    What can you do? Repair the damage, one of the many joys of owning property, repairs are expected.

      • Euphemistic on 25/04/2024 - 10:38
        +6

        Wait. Your OP says you suspect the insurer may reject the claim, now youre saying it has been rejected? Have you made a claim or not?

        • LKJ899 on 25/04/2024 - 10:40
          -5

          the comment above was just an example

          • Euphemistic on 25/04/2024 - 10:41
            +3

            @LKJ899: So contact your insurer armed with a guesstimate of the storm date.

          • AustriaBargain on 25/04/2024 - 13:22
            +4

            @LKJ899: Why would they reject it if you just found out about it?

      • JimmyF on 25/04/2024 - 10:43
        +2

        are you saying the tenant doesn't have any responsibility at all

        Correct, they didn't cause this issue so why would you remotely think they should pay for it.

        Lets say the house had termites and they didn't tell you as that hadn't noticed. Would you expect them to pay for the damage?

        and landlord should just fork out $10k, $20k or whatever the amount?

        That is what owning a IP is about. So what sort of damage are you talking about on the pergola? Some broken laserlight from the hail? Hardly a $20k repair. Post pictures.

        If the tenant reported the incident asap

        What does the lease say about reporting damage? If the tenant hadn't noticed, then there was nothing to report. So again they have done nothing wrong.

        Stop being a scumlord and trying to blame the tenant for all your repairs.

        • jv on 25/04/2024 - 13:38
          -1

          they didn't cause this issue

          How do you know they didn’t?

  • djsweet on 25/04/2024 - 10:47
    +6

    If it’s hail damage why would the insurer reject the claim and why would the tenants be liable? Yes the tenants should have reported the damage. But, if you found the damage during a routine property inspection then you should have no trouble claiming unless your inspections are wildly infrequent. And if they are very infrequent, that’s on you. Storm in a teacup much.

  • star-ggg on 25/04/2024 - 11:46
    +6

    is everyone here saying the tenant doesn't have any responsibility at all and landlord should just fork out $10k, $20k or whatever the amount

    Yes, if you don't want to (directly) pay maintenance costs, invest in stocks.

  • omguleh on 25/04/2024 - 12:25
    +3

    Have you checked your PDS? Im with budget and they say:

    "Is there a time limit for making a home insurance claim?
    There’s no time limit for making a claim on your Budget Direct home insurance, however we recommend you lodge your claim as soon as possible."

  • itsHughesy on 25/04/2024 - 13:02
    +5

    I gave up reporting damages and maintenance items because the landlord never fixed them, is this you?

    • JimmyF on 25/04/2024 - 13:05
      +3

      Yeah got to wonder how many other repair request went unresolved before this one popped up.

      • itsHughesy on 25/04/2024 - 21:25
        +1

        I moved out with several things not completed, including water leaking from the ensuite shower around the LED light, and pooling in the adjoining maim bathroom from presumably the same leak within minutes of the ensuite shower running. But, apparently fixing the dishwasher was not "in the owners budget" as of May last year, and I only moved out last month. (profanity) that owner, tbh.

  • mapax on 25/04/2024 - 13:38
    +3

    Enjoy your day

    Thanks OP, you too…

    • Muzeeb on 25/04/2024 - 13:46
      +6

      If you want a good day then grab a cup of tea and read OP's post history. Cheaper than an Arj Barker gig.

      • mapax on 25/04/2024 - 20:58

        Lol, if OPs post history is anything to go on I think I know which hailstorm they’re talking about.

        • Muzeeb on 25/04/2024 - 21:00
          +2

          ADAHSHS

  • JimmyF on 25/04/2024 - 13:46
    +6

    Thread closed. Thank you for the comments. Enjoy your day

    You can always see what the OP posted here before closing.

    https://www.ozbargain.com.au/node/842691/revisions#1828777vs…

  • wordplay on 25/04/2024 - 18:47
    -2

    yeah, should be able to get the renters to pay.
    happened to us when renting, were overseas for 2 months when roof started leaking and we had to foot the bill for damage as didn;t report promptly to estate agent. turns out if you leave the house un attended for more than 7 consecutive days you are meant to have a house sitter look after the joint. exxy leson learned, claimed 25k in damages (and didn't even replace the carpet

    • Jolakot on 25/04/2024 - 21:05
      +2

      Was this ordered by a court/tribunal, or did you just do it out of the kindness of your heart?

  • field1985 on 25/04/2024 - 20:24

    Properties get damaged and you are meant to be responsible as the owner.
    I highly doubt you actually own the property, the bank does and the renters are paying your mortgage? Right?
    Have you tried not being a parasitic rent seeking scumbag?

    • bigbadboogieman on 25/04/2024 - 21:27

      Everyone is so angry at landlords.. jeez
      I don't have an investment property but I do have relatives who have and are good people.
      You have no idea if the tenant is a good person. The thing I have learnt in life is that in a broken down relationship, usually both parties are responsible.

  • t_c on 25/04/2024 - 21:45

    Jack up the rent, you know u want to.

  • Ace26 on 25/04/2024 - 23:28

    First and foremost, dont be mad. shit happens. Remember tenants and landlords co-exists to help each other.

    Is your agent doing regular (i.e. 6 monthly) inspections and providing photos in the condition report? if not, ask them why not!
    If they are, and the damage is not visible in the last report but it is now, it indicates the damage was is recent.
    Call your insurer and let them know the damage and start the claim process, they wont reject without a reason/assessment. Don't make assumptions, insurers have access to data about storm paths and hail paths, they can confirm if there has been an event in the area (even if you don't have exact dates)
    Educate tenant that they are obligated report damage as it occurs so you can resolve the issue either by repair or other resolution.

    Breath, its not the end of the word, be kind to yourself and your tenant.

  • altomic on 26/04/2024 - 00:23

    what answers did you get on Facebook page "Landlord's Victoria" ?

  • CommonPotato on 26/04/2024 - 04:08

    Not up to the tennant to climb onto a roof or even a patio and inspect for damages. If you tell them to you accept liability for anything that happens.

    That fail could be more expensive than the hail damage.

    The op is in landlord victoria on Facebook and is now internet famous as well.

  • rogerwilko on 26/04/2024 - 09:43

    10 to 20k to fix the pergola. What's the damage a few holes in the roof that has probably deteriorated due to uv hitting it everyday. I would like to know how the property manager reacted when you tried to suggest the tenant cover this cost.

  • Sleeqb7 on 26/04/2024 - 10:44

    and it's too long after the storm happened.

    Sounds like your REA isn't inspecting often or properly. Not the tenant's fault, nor responsibility to know about damage to a pergola roof.

  • Moderatorhamza23 on 26/04/2024 - 10:58

    Comments closed by OP request.

    Please delete the thread as I've have sufficient info now based on the comments.

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