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QUESTION: Recently on a very windy day, a strong gust of wind rattled through our rented house and two light shades sheared off their brackets, meaning the whole fitting had to be replaced – they’re worth about $30 for each.
The managing agent told us to contact an electrician, which we did. We are now being hit up for $190 by the agent to replace the two light fittings.
If we had broken them then I’d replace them. But the agent says that leaving a window open when it was windy was negligence on our part so we are liable for the cost of the subsequent damage.
I disagree as it wasn’t windy when we left the window open and I would have thought this was part of fair wear and tear so I am not willing to pay. Who’s right? – InTheDark, Sydney.
ANSWER: I’ve done a bit of digging on this and it’s not entirely clear who should pick up the bill because nobody is really at fault.
So, on absolutely no legal basis whatsoever, I’d tell the agent they should have warned you the light fitting was so fragile that it might be blown away. And, anyway, they should have had landlord insurance.
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The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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In the Dark, surely you are joking!
Of course you may not have newspapers, radio, television, to hear weather reports (that you should only take with a pinch of salt), but, if you choose to leave windows open when you are away, then wear the consequences.
If it was one a mini tornado that came out of nowhere, then it is probably designated as an “act of God”. Lots of luck with your battle.
I would have thought that your Agent should have told you that the costs were your responsibility at the same time that he told you to contact an electrician. So my guess is that as the account has come in higher than the Agent anticipated, and as they don't think that the Landlord will be happy with the expense, they're simply attempting to off-load the responsibility for payment to you.
The electrician's invoice would (I assume) have been sent to the Agent, so in consideration of that and the other circumstances, I'd refuse payment.
FlatChatFan said:
In the Dark, surely you are joking!
Of course you may not have newspapers, radio, television, to hear weather reports (that you should only take with a pinch of salt), but, if you choose to leave windows open when you are away, then wear the consequences.
If it was one a mini tornado that came out of nowhere, then it is probably designated as an “act of God”. Lots of luck with your battle.
Just another thought, it would be difficult to prove that the broken lights were not caused by a (visiting) child throwing a ball around inside the room.
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