timber floor wear and tear

[henrytt]

Hi
Can anyone help me with wear and tear in rental property on timber flooring.
I lived in new rental house for 2 years, after moving out, landlord found scratch and scuff marks below our dinning table due to chairs movement during meal. They want to keep the bond for $660 for polished the floor again. I felt unfare for me to pay as timber floor always scratch especially high traffic and alot of furniture movement during our meal. Do u think i got any ground to win in VCAT.

[Lumber Bunker]

Yep you do.
Even if they keep the bond they will not use it to refinish the floor.
Renting new places is always hard, as everything you touch leaves a mark!

Wear and tear is fine and any good mediator will reduce that amount...
As long as its not damaged that is?

[Paul39]

Hi
Can anyone help me with wear and tear in rental property on timber flooring.
I lived in new rental house for 2 years, after moving out, landlord found scratch and scuff marks below our dinning table due to chairs movement during meal. They want to keep the bond for $660 for polished the floor again. I felt unfare for me to pay as timber floor always scratch especially high traffic and alot of furniture movement during our meal. Do u think i got any ground to win in VCAT.

I assume VCAT is some sort of court, the outcome could go either way. Depends on what the lease says and what is considered fair wear and tear.

If you are a craft person you could locally sand and refinish the area to match the rest of the floor.

If you are not, check with a floor refinisher to do the same thing on your $.

I do not know what the going rate in AU is for floor refinishing, but $660 seems a bit stiff.

[SAISAY]

Your rental agreement will cover normal wear and tear, you only have to pay for damage done deliberately.

http://www.tenants.org.au/publish/factsheets/index.php

I bet it wasn't freshly polished when you moved in.
Cheers
Wolffie

[rustynail]

Always an issue, as polished floors require special care. The amount of care required also depends on the finish used on the floor. For instance, it is easy to restore an oiled floor with oil but a polly finish requires sanding back to wood and recoating. Most people with polished floors fit the bases of furniture with felt pads to prevent scratching. I think the landlord has a case. As for the price....well that depends on what has to be done to make the repair and quotes should be obtained.

[Sturdee]

Hard to say with VCAT ( a government administered appeals tribunal that has final jurisdiction in a lot of matters, this included) they have strange attitudes most of the time.

As it was a new house I think the landlord would win, all of the timber floor, not just under the table, would need stripping back and refinished so depending on the area the whole bond might not even cover this.


Peter.

[ian]

Most probably an issue of landlord greed
does $660 represent one, two or four weeks rent?

It's worth going to VCAT to get at least some of your money back.
The landlord is most unlikely to do anything to the floor.

How extensive is the scratching -- area and depth of marks ?
Has the landlord repaired the floor or just relet the place?

at the tribunal ask landlord to demonstrate that the original floor finish was suitable for the room it is in,
check that the rental agreement didn't oblige you to do certain things to protect the floor
being a new place it's mosty likely that the "timber" floor is pre-finished laminate of some sort

[jimbur]

How extensive is the scratching -- area and depth of marks ?
Has the landlord repaired the floor or just relet the place?

at the tribunal ask landlord to demonstrate that the original floor finish was suitable for the room it is in,
check that the rental agreement didn't oblige you to do certain things to protect the floor
being a new place it's mosty likely that the "timber" floor is pre-finished laminate of some sort

Excellent advice. It also should be noted that one, if not the main, guideline of VCAT is to follow natural justice and so is less bound by legal niceties. It can't go against the law of course but should give you a fair hearing. Take photographs, not just of the wear but also the unworn parts. This might demonstrate the unsuitability (if that is the case) of the finish.
Good luck,
Jim

[old pete]

The going rate for light sand and re-polish one coat in Tassie is $15 or $16 per m2 with $8 per m2 for second coat.

Old Pete

I assume VCAT is some sort of court, the outcome could go either way. Depends on what the lease says and what is considered fair wear and tear.

If you are a craft person you could locally sand and refinish the area to match the rest of the floor.

If you are not, check with a floor refinisher to do the same thing on your $.

I do not know what the going rate in AU is for floor refinishing, but $660 seems a bit stiff.