Fair wear and tear? Woman breaks 20-year-old toilet bowl, landlord allegedly wants $1,000 compensation

An unhappy tenant recently took to social media to complain about her landlord who allegedly demanded what she said was an "unreasonable" compensation of $1,000 to replace a damaged toilet bowl.

Taking to Facebook on Thursday (Oct 6), Irene Goh shared on the Complaint Singapore group that she is only willing to fork out half that amount since the 20-year-old porcelain throne "has depreciated" in value over time.

In an interview with AsiaOne on the same day, the 44-year-old shared that cracks on the toilet bowl cover first appeared in Sept 2019 – a year after moving into the rental four-bedroom condo unit along Yio Chu Kang Road.

The mother of three said: "We only opened the toilet bowl cover when there were flushing issues, so it's not like we dropped it.

"At that time, it never crossed my mind to blame the previous tenants [for causing the cracks]."

When the four-year lease to the $3,000-a-month condo ended in September this year, the landlord allegedly informed Goh during the handover that a contractor was consulted about the damaged toilet bowl and it will cost more than $1,000 to replace it. 

The brand-new Bravat toilet bowl would cost around $800, Goh said, adding that installation costs will bump the amount up. 

While a quick check online showed that a brand-new toilet bowl costs from $150 onwards, the landlord had insisted on the exact same "obsolete" model as a replacement, Goh said, adding that she felt the $1,000 fee was "unreasonable" given that the bathroom fixture was "very old". 

"And you expect me to pay for a brand new one again? I really don't know what to do," she lamented. 

'I feel like I've been cheated'

Faced with a difficult landlord, Goh shared that her property agent offered to act as a go-between during the toilet bowl dispute. 

"She said she'll be helping me and also agreed that the landlord was being unreasonable," Goh recalled, while adding that she initially thought that her property agent was "on her side". 

In fact, it was the agent who suggested making the counter offer of $500 to the landlord, Goh claimed. 

"But when I did what the agent told me, the landlord became very angry," she said. 

While there was plenty of back-and-forth about the compensation amount, the frustrated tenant shared that she was unaware that the landlord had set a two-week "grace period" to settle the compensation amount before the cost of replacing the toilet bowl would be automatically deducted from the deposit. 

Describing how her property agent only told her one day before the deadline, Goh said: "[She just suddenly told me, 'oh I cannot help you [negotiate] anymore'. 

"She tried to buy time until I had no say [about the $1,000 compensation fee]. I felt like I've been cheated." 

Despite her unhappiness with the compensation amount, Goh claimed that she now has no say about it. 

The frustrated woman, who also accused her property agent of colluding with the landlord, said: "I contacted some contractors and they told me that I can [replace the damaged toilet bowl] with an Italian-branded one for less than $500." 

While a netizen from Facebook told her that the toilet bowl can still be mended since the cracked pieces are all intact, Goh claimed that she's not able to hire a handyman to do so since the landlord has restricted her access to the condo unit. 

"You asked me to compensate, but you also don't allow me to source for alternatives. So unfair." 

AsiaOne has contacted her agent for comment. 

Wear and tear disputes

Property agents are not obligated to resolve disputes between tenants and landlords, Isma Seeneevassen from Propnex Limited told AsiaOne, adding that Goh and the landlord should seek help from either the Singapore Mediation Centre or the Small Claims Tribunals if they are unable to agree to a resolution. 

“I would still try to find a toilet bowl which is at a reasonable cost to appease both parties. But to be honest, the landlord is not wrong to request the same [model]," Isma said.

Wear and tear disputes are a common issue between tenants and landlords, another property agent, surnamed Chen, said, adding that the cases that he had encountered include marks on the bedroom floor, dirty walls and burnt marks on kitchen stoves. 

The 36-year-old Chen, who has been in the real estate industry for 14 years, shared that wear and tear disputes are quite easily resolved and are done so amicably. 

But he has also encountered "unreasonable" landlords who told their tenants to varnish the parquet and repaint walls. 

"We will educate landlords that it's unfair to charge these to tenants." Chen said, while admitting that in some cases, tenants would pay back the damages just to get the deposit back quickly. 

While the "standard' tenancy agreement usually has a "repair of demised premises" clause, Chen shared that there is "no black and white" to state what constitutes as fair wear and tear. 

With that, tenants and landlords should clarify what falls under fair wear and tear – agreeing to be on the same page – before signing the dotted line, the property agent said, adding that the former should also document the conditions of the house by taking photos and videos before moving in and during handover. 

Describing how landlords here are "generally reasonable", Chen said: "As a tenant, be a gracious and kind one. Relationship is a two way traffic. 

"Leave a good impression on the landlord and life will be easier when handing back the unit." 

How to prevent such disputes

Fair wear and tear refers to damage to the property that is caused by normal ageing and due to reasonable and ordinary use of the premises by the tenant, according to Singapore Legal Advice. 

The landlord is responsible for bearing the costs and expenses of routine cleaning and refurbishments, but a tenant is liable for the cost of repairing damages that is beyond fair wear and tear, such as scribbles on walls that need to be repainted over. 

On tips to prevent such disputes, Singapore Legal Advice recommends on its website that tenants should also identify and bring to their landlord's attention defects in any item of furniture or fittings in the premises before moving in. 

Landlords should also provide a checklist to the tenant so that the latter will be aware of the expectations for the property's condition at the end of the tenancy. 

In a past landlord-tenant dispute in July, a 30-year-old interior designer shared how her landlord locked her in the rented Sengkang flat after they were told to move out. 

Speaking to Shin Min Daily News then, the woman, surnamed Hua, said that the landlord also accused her of stealing thousands of dollars.  

ALSO READ: Tenancy tips for those with nightmarish landlords and horrible housemates

chingshijie@asiaone.com

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