There was this case that I mediated with regards to damage to a leather sofa. The claimant wants to claim about $5,000.00 from the respondent, who was the tenant. Naturally, the tenant was unwilling.
During our dialogue, it came to light that the sofa was eight years old. The claim was for a new couch. The tenant believes that he shouldn't pay for a new sofa when he got an old sofa.
When I checked with the Claimant if there was a walkthrough done, he shared that there weren't any and the key was given to the agent. How many days later did he notify the tenant of the damage? Ten days. Why do you think it's reasonable for someone to compensate a brand new couch for a couch that is nearly eight years old and went through different tenants? What is the cost of upholstery? How did you ascribe the tenant did the damage? Do you evidence to show that the tenant did the damage? Why wasn’t a walkthrough done and damages recorded with the Tenant? What were the terms of your Tenancy Agreement? Whilst the couch can be old, but does that relieve you of your responsibilities on damage?
These questions made both parties think carefully on their claims and also their responsibility. The parties did not resolve the issue on that day.
This article below in property guru may give some light.
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