Whose responsibility - mine or landlord?

Question

Recently my shower broke from the wall while I was manipulating it (there was a spider in the shower I was trying to get rid of!). The house is at least 30 years old and it is the orignal fitting. I wasn't intentionally causing damage (such as pulling or tugging on it), just moving the shower arm up, down and around, like you would if you were altering the height of the shower, however the real estate agent has told me it is my responsibility to get it fixed. Looking at the shower arm the join where it broke looks rather brittle and old. Is it really my responsibility to pay for this to be replaced? I am in victoria, australia.
Thanks

Answer 1

Why not offer a compromise? Here are some things to consider. First of all, you admitted to manipulating the shower when it broke. Accidents happen. Secondly, it was old and brittle and could have broken at any time. But, while it is broken, YOU are the one who can't take a shower. If you move out tomorrow, the landlord has a house he can't rent. Either way, you both contributed to the problem and you both suffered as a result of it. So the question of whose responsibility it is to have it fixed is inconsequential at this point.

Therefore, ask the landlord to have the shower repaired and offer to split the cost. Hopefully your honesty and a gesture of goodwill will keep a minor problem from becoming a major one.

Answer 2

You broke it. You are responsible for the repair, spider not withstanding. 30 years of age for a house "ain't nuthin", as they say.

Your lease should require you to notify the landlord, at least mine do. I don't know how a real estate agent got involved unless they are managing the property.

I would prefer to manage the repair process rather than have a tenant attempt repairs, as they usually do it poorly, or not at all.

I facilitate the repairs and charge it back to the tenants with their next month's rent. If it is expensive, like a cracked toilet due to their negligence, I can charge it over several months.

However I digress, you broke it and are responsible for the repair. I am not sure what broke though. Was it the shower arm or the head or where the shower arm connects to the pipe behind the shower wall?

It may not cost all that much. A shower arm can be had for a few dollars. If the arm broke off at the elbow, you may have to remove the shower pipe and replace the elbow.

If you can get at the pipes behind the shower wall, the costs won't be too much. Usually $100 or less for a plumber to replace the elbow. If I were you though, I'd purchase the shower arm myself, as plumbers can run the price up for nonsense like that.

Answer 3

I have had a similar disagreement with my last landlord regarding this sort of thing. The damage was not intentional. Your lease should state something about repairs. Check your states tenancy laws about such things. It's not like you were moving it about in a way that you haven't before. Its called wear and tear and should be covered under your lease. Of course, if its spurting water everywhere - get it fixed and present the invoice to the real estate agent to deal with. Its an emergency repair.

Answer 4

should be your landlords responsibility. It is in Western Australia. Check out the tennants act regulations. You should be able to find it somewhere online. If it is a responsibility of your landlord, they will have a time limit on getting it fixed so you are not without a shower for too long. From memory the tennancy act states that if the time limit expires and it is still not fixed by your landlord, then you are within your rights to get it fixed yourself and give the receipt to your real estate or landlord, and deduct the cost out of your rent money, or withhold rent money until it is fixed. (Depending on the cost of the repair.) Dont quote me, check it out to make sure.

Answer 5

Not in the United States you wouldn't be.

Moving the shower head around? You are SUPPOSED to move that around. Would your Real Estate agent suggest that if your door knob broke while opening it that too would be your responsibility? Or a cupboard door?

Here it would be considered normal wear and tear. But you might have to sue in Small Claims to get back any withheld deposit, were your landlord to do this.

You'd win, though. Take pictures of the damage.

Also, in The United States you can withhold your rent until the repair is made.

Be prepared to move, though, cause they'll kick you out quicker than you'll win your case. But you'll get it all back in your suit, including moving expenses.

Document EVERYTHING in writing.

NOTE: It doesn't matter WHY you were moving it. It is supposed to move, and not just for certain reasons.

Answer 6

You will need to use the shower asap so my advice would be to go to Bunnings and purchase a generic shower arm and install it yourself if you are capable or talk to the r/estate agent who is managing the property to arrange repairs. (Which could take a few days)
You should be reimbursed for the cost of the arm, but not your time for effecting repairs.

Answer 7

It's the responsibility of the landlord to have it fixed.

I've had a similar situation when I was a uni student & renting a house. The landlord tried to make us pay for a broken washing machine. It was about 20yrs old & the pump motor had burnt out. He tried to claim that it was us that had broken it, when in fact it had simply worn out from years of use. We stood our ground & eventually he backed down.

Have a read of your tenancy agreement, it should be detailed in there. Your landlord is just trying his luck.

We're not talking mega-bucks here, are we??

Answer 8

sadly yes. If you hadn't told them about the spider and just said it broke while adjusting the height it would be theirs but they would class that break as accidental breakage. I rent too and recently had to pull the front door shut really hard because its got a old rusty deadlock and when I did that the window near it smashed and fell out! I had to pay because I told them about what I was doing. If I had just said it fell and broke on its own they would have been liable.

Answer 9

Really, I do not know the laws relating to Landlord and Tenant in Australia. However if you were living in North America, it would be the Landlord's responsibility. Sometimes when you don't know your rights, Landlords want to take disadvantage. Seek legal advice from a lawyer who charge $0.00 consultation fees.
Good Luck.

Answer 10

unfortunately if you own a house then it is your responsibility to fix it. if you are renting a house and someone else actually owns it (and not the bank or real estate people either) then the (landlord) of the house has to fix it.