VIC Leaking Sink - Who Should Pay for Repairs Under Property Law?

[Smiley]

Hi,

I would love to hear your comments on who should foot the bill in relation to a leaking sink repair under property law?

As a landlord, I would normally be happy to pay for the repair of a leaking sink, however, in this instance, the tenants / real estate agents never informed me of the leaking sink. The leak, which I think is a small leak, over time has damaged the shelf under the sink and needs to be replaced. There is no way the tenants would not have seen the leak as they store their every day to day stuff on the shelf under the sink.

Issue is that the investment property is quite some distance from where I live, so it appears I will need to hire a handyman to organise a new shelf, let alone find a shelf that matches the current shelves.

My view is that if I was informed of the issue and took no action, than I would be responsible. However, I have never been informed and now have been asked to replace the eroded shelf due to the leaking sink.

Is there a legal obligation the tenant is supposed to inform me / real estate agent of? Bests interests, etc? I am not across property law.

Cheers

 

[Rod]

Re: Tenant. Your problem is proving the tenant knew of the leak. They have to take reasonable care of your property, but if they didn't know or you can't prove they knew, then tough luck.

re: Agent. There is any argument their standard quarterly/6 monthly inspections should have seen the leak. Here your problem is proving the leak happened prior to their last inspection.

You can try taking it from the tenants deposit and see how you go.

 

[Smiley]

Thanks Rod, your comment is appreciated