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I am a landlord of an apartment in NSW. The current tenant gave notice of termination and I had the managing agent perform the usual final inspection.
All was good except the tenant has used an inappropriate cleaning chemical on two expensive stone benches, which has destroyed them. I hired a stone professional who has confirmed they cannot be repaired. The replacement cost is likely to be well in excess of the bond.
But the managing agent now tells me that I won’t be able to withhold all the bond because “in a dispute, the tribunal will discount the compensation amount due to the tenant having been in the property for several years”.
This seems crazy to me, stone benches last forever if cared for, and prior, regular, documented inspections (with photographs) showed them in perfect condition until this incident. The NSW Fair Trading web site says “The tenant is responsible for negligent, irresponsible or intentional actions that cause damage to the property…” at final inspection. I would think this falls into the category of “negligent”.
I would like to hear the Forum’s thought on this.
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