#62894
TrulEConcerned
Flatchatter

    A few things come to mind:

    1. What is the current value of the stove? Given my experience at NCAT over damage to carpets, I suggest that the NCAT Member will look at your situation as follows:

    Say it is a cheap brand (that is still sold);

    Say it cost $500 and has 10 yr life.

    Its value therefore depreciates by $50 per annum. If we assume 4 years have passed at the point you damaged

    it,the stove is now worth $300 (ie. $50 x 6) depreciate by $50 per annum and 4 years have passed when you    damaged it.

    The length of your lease beyond the time it was damaged is irrelevant to this calculation.

    So its value now is $500 minus (4 x $50) which is $300

    Based on the above figures, NCAT I feel would say the value of the item you damaged which you yourself agree needs to be replaced as it cannot operate in its current condition is say, $300. That means your maximum liability is $300.

    I suggest you look (but do not buy) for a replacement stove of the same standard, cheap, and give details to the property manager. Tell the property mgr that if the stove was in good condition but for the damage you inflicted, then no Tribunal would order you pay more than its undepreciated cost which in this case is $300. But the stove was not in good nick before being damaged by you. That is, its depreciated value was more than $200 meaning its current value is LESS than $300 given a previous tenant left marks. You therefore feel a fair contribution by you given the condition you received the stove is $200.

    Taking my figures as an example, in your shoes I would push for paying $200 but steel  myself for a demand for anything up to $300.

    If the landlord takes you to NCAT he will have to prove the value of the stove with invoices, photos etc.

    As to the suggestion of the landlord claiming on his insurance for what is called “Tenant Damage”, some recommend you pay the excess in that case. I think a landlord will not want to claim on his insurance because his future premiums may rise due to this claim. Also with well known one insurer I know of, such claims have an excess of $500, so clearly you’re better off even paying the $300 that may be asked of you.

     

     

    • This reply was modified 2 years, 6 months ago by .