Floor Board Wear or Damage? Rental

twoperspectives on 01/08/2025 - 11:59

I lived here for 8+ years and had the lease transferred to us from a mate. the house was built in late 80s - sold 3 or 4 time since.

the end of lease cleaning was done by our cleaners, agent came back asked for more detailed cleaning, we called the cleaners and cleaned the rest with them. agent came back again, wanting the oven rack not cleaned.

the floor board in one bedroom has worn.
agent said the damage will cost 290-350. We got a touch pen from bunnings to make the floor reasonable. agent said now its more damaged then before and will cost $600 to fix, if not paid, will goto VCAT.

We think its wear as the property is quite old and the floor board is not broken.

what's your take on it?

Photos

Home & Garden

Comments

  • Dumax on 01/08/2025 - 12:18
    +9

    Is Picture 1 before and the others are after the fix?

    Given you were there over 8 years (and presumably the damage wasn't brought up before) I would say it's fair wear and tear. Did the owner ever pay to maintain the floors (recoat/refinish) during the tenancy? If not I think they'd be hard-pressed to claim that it's anything other than fair wear and tear.

    Either way they can only claim based on the residual value of the floor (i.e. they can't demand a brand new replacement on 40-50 year old floors) and TBH the surrounding flooring doesn't seem to be in the greatest condition anyways.

    A lot of agents will just try it on to get you to pay for damage that you shouldn't have to cover, and unfortunately many people give in to them. One of the classic scams is to demand to recarpet the entire room/house for minor/isolated damage to the carpet because they claim that the repair won't "match".

    I'd suggest lodging your bond form will no deductions ASAP (if you haven't already) with the residential bond agency. Whilst this will delay you receiving your bond money back (if you can afford it) it will force the agent to challenge your assessment at VCAT rather than the other way around. For something as relatively minor as this it is seldom worth it for the owner to pay the fee to have the agent go to this hearing.

    • Dr Phil on 02/08/2025 - 15:20

      yes, there is a huge difference between "damage" and fair wear and tear.
      Especially after 8 years of continuous tenancy with no loss of rent throught.
      Fair questions and points raised above by Dumax.
      And we all know VCAT sides with the tenant most of the time.
      In this case Im sure they would.

  • carlJack on 01/08/2025 - 12:26
    +5

    Looks like wear and tear to me. Don't let the real estate agent bully you.

  • tsunamisurfer on 01/08/2025 - 12:29
    +1

    That touch up job is horrendous.

    • MITM on 01/08/2025 - 13:56

      Shouldn't have done that.

  • Duckie2hh on 01/08/2025 - 12:29

    Is it odd that it's in a circular pattern? If it wasn't for that I would have said wear and tear.

  • mskeggs on 01/08/2025 - 12:30
    +5

    Looks to me like reasonable wear, not the result of an accident or carelessness.
    If landlords do not wish a property to have any signs of use, they have the option to turn the property into a museum.

  • ThithLord on 01/08/2025 - 13:09

    That categorically looks like fair wear and tear. Take it to VCAT; 8 years, the LL can get bent

  • CaptainJack on 01/08/2025 - 13:52

    Whether its damage or wear, surely you know what caused it? Were you storing anything there, or is it just an area you walk on?

    The circle pattern makes me guess it's water damage from an overwatered pot plant? Although I could be way off.

    But 8 years is a long time, I'd probably refuse to pay any more than $100-200 (which might be ok to make them go away).

  • MITM on 01/08/2025 - 13:58
    -1

    To give us context, what was there ? so we don't have to guess. But if you've been there for 8 years, then $75 per year (20c day) isn't much to pay and move on. Would have only been $40 pa (12c day) if you hadn't touched it.

  • JIMB0 on 01/08/2025 - 15:10
    +2

    Put in a claim for the return of the bond yourself, don't wait for the real-estate agent to do it. That's fair wear and tear.

  • Stealtho on 01/08/2025 - 15:56

    Depends, what did you do to make that circle/mark?
    Spinning around on a office chair, pot plant direct on floor no base?

    • tenpercent on 01/08/2025 - 16:29

      pot plant direct on floor no base

      A pot plant half a metre from the wall in the middle of a room? Are you having a laugh?

      • Tech5 on 01/08/2025 - 18:17
        -1

        Tbh - top right photo. You can't see what is to the right of what is pictured. Could be a wall.

        I'm not sure how you got "in the middle of the room"?

        A circular mark is strange though. Seems like something was there, just dunno what. If further out from a wall, maybe an egg chair etc

  • joka on 01/08/2025 - 15:59
    +2

    Are the floorboards original (i.e. not replaced since the 80's)?

    If the landlord cant show when they last renovated or replaced the floor boards and how much they paid for it then VCAT will assume they are original and use the depreciation method of determining how much they are worth. I can tell you… not much. Even if they re-sanded and re-sealed the entire house, the damage is only a portion.

    I have been in this situation recently. They will put you through arbitration prior to the case going to the judge and will probably mention this. If the landlord decides to proceed, they will most likely be laughed out of court and get nothing.

    • JIMB0 on 01/08/2025 - 16:38

      Often the landlord doesn't care, it's the middle age woman on a power trip (aka rental agent) that likes to pick on things. I vacated a place after a long lease and the agent tried this crap.

      The place was in need of a full renovation. Having met the landlord before and knowing how chill he was about things, I knew it was her. I put my claim in for full return of the bond and never heard back from her.

  • tenpercent on 01/08/2025 - 16:28
    +1

    When was your last inspection?
    Why didn't the agent bring up the alleged 'damage' then? Or earlier?
    It's fair wear and tear as far as I can tell.

    According to NSW Gov what you described sounds like fair wear and tear.

    Fair wear and tear – scuffed up wooden floors
    Damage – badly scratched or gouged wooden floors

    Although if it's water damage they give this example:

    Water stains
    Fair wear and tear – water stains on carpet from rain through leaking roof or bad plumbing
    Damage – water stains on carpet caused by overflowing bath or indoor pot plants

    Though I can't imagine it was due to a pot plant or something else you negligently did since its so far from the wall.

    Re cleaning my understanding it just needs to be resaonably clean. It doesn't need to be showroom finished.

    more damaged than before

    Have you got that in writing (text message or email)? If so then they've just admitted it was already damaged and not repaired. I wonder what is going to happen to a damaged floor that is not repaired in at least 8 years… it might look worse afterwards don't ya think? I think NCAT will think the same. Have you asked them for a quote for their alleged repair bill? They may just be trying their luck to see if you're a pushover.

    Your agent or landlord appears to be being a greedy sneaky f**ker. Don't play their game. Just claim your bond back. Let them dispute it if they want to.

  • GordonD on 01/08/2025 - 18:32
    +1

    It was just wear and tear until you tried to fix it yourself.

  • oscargamer on 01/08/2025 - 19:53
    -1

    Apply for your bond back, now .

    If REA objects, go to VCAT, you'll be fine after 8 years.

  • brendanm on 01/08/2025 - 20:56
    +3

    Tell the property manager to go to hell, and you'll see them at tribunal. Should not have done that patch job though.

  • Bob Svargis on 02/08/2025 - 10:51

    Looks like wear and tear to me. There's no way your landlord will get away with this, no way. I've just taken my house back from tenants and there is wear and tear and damage that could be attributable to thrm, but as a landlord you have to expect that things will never be perfect… in your case, the house is old enough to be ready for freshened up floorboards anyway.

    Tell them you'll see them at the tribunal. Tribunal usually takes the tenants side.

  • thatonethere on 02/08/2025 - 20:37

    Most REA charge $300 to go to xCAT so just say fair wear and tear and request for bond refund direct from the state or local govt.

  • SlickMick on 04/08/2025 - 09:56

    lol all those saying a circular stain is wear and tear.

    What did you do OP?
    You damaged the property, then you tried to fix it on the cheap and made it worse.
    I think that's a very reasonable repair bill - I don't see how they will fix it for that.

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