A A A

You must be registered and logged in to reply to posts or post new topics. Click on "How to Use This Forum" for simple instructions on how to get on board. NB: Please do not use your real name or email address as your screen name - if you do it will be changed to something less insecure.

Avatar

Please consider registering
Guest

Search

— Forum Scope —




— Match —





— Forum Options —





Minimum search word length is 3 characters - maximum search word length is 84 characters

Register Lost password?
sp_Feed sp_PrintTopic sp_TopicIcon
Liable For Stolen Plants?
Avatar
Theophaynia
Newbie
Members
Forum Posts: 2
Member Since:
23/12/2018
sp_UserOfflineSmall Offline
1
23/12/2018 - 7:10 pm
sp_Permalink sp_Print

Our neighbourhood has had a string of plant thiefs lately and our place has been the most recently hit.

One of our flowering trees in our front yard was stolen.

 As soon as we noticed the giant hole in the ground, we took a picture of it and emailed our real estate agent who is on christmas break. We figured, even if she didn’t see the email untill she got back, atleast we reported it as soon as we knew.

However, to our surprise she did get back to us. Stating she would have to check, but she was pretty sure we are liable to replace (at our cost) the tree.

That doesn’t seem right to me. Why should we have to replace something that was stolen? It was in the front yard (which we don’t use often due to the garage being at the back of the house), and there’s no security of any sort. How are we supposed to have prevented the tree being stolen? On that note, who would even think they would need to secure a tree from being stolen? Who steals a tree?

Any thoughts?

Avatar
scotlandx
StrataGuru
Members

Full Members

Moderators
Forum Posts: 903
Member Since:
02/02/2012
sp_UserOfflineSmall Offline
2
24/12/2018 - 7:51 am
sp_Permalink sp_Print

I presume you are renting?

No, you are not responsible for replacing a stolen tree. 

Avatar
Theophaynia
Newbie
Members
Forum Posts: 2
Member Since:
23/12/2018
sp_UserOfflineSmall Offline
3
24/12/2018 - 11:45 am
sp_Permalink sp_Print

Yes, we’re renting.

Do you know if there’s something in the legislation somewhere about this so I can quote it to my agent?

I don’t really want to fight them over it but I also don’t have the money to replace a tree.

Avatar
Sir Humphrey
Canberra
StrataGuru
Members

Full Members

Moderators
Forum Posts: 1079
Member Since:
19/04/2011
sp_UserOfflineSmall Offline
4
24/12/2018 - 6:32 pm
sp_Permalink sp_Print sp_EditHistory

I am not aware of legislation to quote but it is so obviously not your fault or responsibility that I would just stick with saying that unless someone else here comes up with something better. So long as you keep diligently up to date with rent and anything else you are responsible for, I would just stick with not paying for a tree. 

If someone, not you, stole the letterbox and you promptly reported it, you would not have to buy a new letterbox. On the other hand you could reasonably ask the owner (or their agent) to replace the letterbox so you could receive letters. 

Yes, you are expected to keep the garden in reasonable condition, but no, you should not be expected to replace a stolen tree. 

If the agent gets heavy about this, you say that two highly esteemed  😉  ‘strata gurus’ on Flat-Chat have advised that you don’t need to replace a stolen tree. 

Relax and enjoy Christmas. 

Forum Timezone: Australia/Sydney

Most Users Ever Online: 518

Currently Online: dingo, Bn, Jimmy-T
26 Guest(s)

Currently Browsing this Page:
1 Guest(s)

Top Posters:

Whale: 1584

kiwipaul: 584

struggler: 458

Austman: 346

Millie: 214

Billen Ben: 205

Cosmo: 199

considerate band fair: 160

Boronia: 144

Kangaroo: 140

Newest Members:

WRstrata

matttt

AR93

Just_Dave

jk91

jacranga

RH PERSISTANT

Nhjan

Roosters

LM

Forum Stats:

Groups: 3

Forums: 40

Topics: 5063

Posts: 23888

 

Member Stats:

Guest Posters: 243

Members: 5777

Moderators: 6

Admins: 1

Administrators: Jimmy-T

Moderators: Sir Humphrey, scotlandx, Lady Penelope, Stratabox.com.au, Jimmy-T, Liveby5