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QLD Who is Responsible for Property Damage Under Property Law?

Discussion in 'Property Law Forum' started by misspiglet888, 27 June 2016.

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  1. misspiglet888

    misspiglet888 Member

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    My agent has completed a routine inspection and has come back with a full page of damages that fall under "wear and tear" or general responsibility of the owner.

    Some things that I do not believe I have to pay for include:

    Cleaning the rubbish in the backyard (claims the previous owner left it there)
    Rat infestation inside the house
    Several broken windows and security screens
    Broken window locks
    Broken ceiling fans

    I especially don't see how broken windows fall under wear and tear. Also, the tenancy started months ago (January) and I wasn't given any notice whatsoever of these damages (overall fifteen). Isn't it the tenant's responsibility to report damages within reasonable notice?

    I do not have an entry condition report as the tenants were already there when I took over from the old owners. However, the only thing I have is an 80-page building inspection report from a month prior to the start of the tenancy showing no evidence of these damages and the fact that I was given no notice re: these damages to my property from the tenants.

    So my question is: Am I responsible for these damages under property law? Or is the tenants? Is it sufficient/strong enough to breach the tenants for damages to my property without an entry condition report and just a recent building inspection report? I basically want to know how strong my case would be so I can take this to the tribunal.

    My agent didn't even give me any options. They basically said it's my responsibility to fix them all, even their rubbish because 'the tenants said it's not theirs'. My agent didn't even ask me if I had an entry cond. report or anything like that. I seem to think they are related to the tenants as they certainly don't act in my best interest - that's why I've come here!

    Any comments or help would be appreciated. Thanks :)

    Also, these tenants have unpaid rent from months ago and still have unpaid rent from the previous owner, so they're not in good standing. All sorts of issues with my first rental property :/
     
  2. Victoria S

    Victoria S Well-Known Member

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    Hi Misspiglet888,

    The reality is that you will likely need to attend some or most of those repairs. Many of them would appear to fall within the scope of your responsibility as landlord. Check out this fact sheet from a NSW authority - same applies to QLD.
    https://files.tenants.org.au/factsheets/fs06.pdf

    Landlord Rights and Responsibilities in Australia - Legal Blog - LawAnswers.com.au
    Rental Property Repairs & Maintenance - Residential Tenancies in Victoria - Legal Blog - LawAnswers.com.au

    These may also be helpful
     

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