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Repair & Replacement.

My Tenant moved in to the east coast bungalow in February 2011.

The master bedroom air-con compressor had broken down (contractor commented "air-con compressor too old & refused to work"), owner demand the tenant to pay $200 for the new air-con browser & $200 for the air-con compressor,say she did per TA 'minimum repair cost $200 per item per repair;(2) the koi fish pond motor was faulty and unrepairable & caused current leakage and the house electricity tipped several times,owner paid $380 for the new fish pond motor but demand the tenant to pay $200

Welcome your contribution of comment. Based on the minimum repair clause $200 per item per repair, is the owner do right or do right to ask the Tenant to pay for the replacement cost for the new equipments?
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3 Answers

I will agree if the air con blower and compresor should is considered as 'one item'
The 'koi' - is it from the tenant using the pond?
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It sounds like you're dealing with a tricky situation. Let's break it down based on the information provided and the typical terms in a tenancy agreement (TA).

### Air-Con Compressor
- **Issue**: The air-con compressor broke down due to age.
- **Owner's Demand**: Tenant to pay $200 for the new air-con browser and $200 for the compressor.
- **TA Clause**: Minimum repair cost $200 per item per repair.

### Koi Fish Pond Motor
- **Issue**: The motor was faulty and unrepairable, causing electrical issues.
- **Owner's Demand**: Tenant to pay $200 for the new fish pond motor.
- **TA Clause**: Minimum repair cost $200 per item per repair.

### Analysis
1. **Minimum Repair Clause**: If the TA specifies that the tenant is responsible for repair costs up to $200 per item per repair, the tenant would typically be liable for repairs or replacements costing $200 or less. For costs exceeding $200, the owner would usually cover the excess amount.
2. **Air-Con Compressor**: Since the compressor and browser are separate items, the owner might argue that each item falls under the $200 minimum repair clause. However, if the compressor's failure is due to age and not tenant misuse, it might be considered a maintenance issue, which is typically the owner's responsibility.
3. **Koi Fish Pond Motor**: Similar to the air-con, if the motor's failure is due to wear and tear, it might be the owner's responsibility. The tenant's liability would be limited to $200 if the TA clause applies.

### Conclusion
Based on the minimum repair clause, the owner can ask the tenant to pay up to $200 per item per repair. However, if the issues are due to age and normal wear and tear, it might be more reasonable for the owner to cover the full replacement costs. It would be best to review the specific terms of the TA and possibly seek legal advice to clarify responsibilities.
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