Damage reimbursement

[Rory115]

While staying in a St kilda property via Airbnb, we were charged 13 days after for a damage reimbursement of 5k gbp.

When we first arrived there was a clear sense of wear and tear around the property from what could only be previous residents/the buildings age -> which says online was built in the 1850s/1860s most likely (https://stkildahistory.org.au/images/pdf_docs/newsletters/issue_220.pdf)

We did not learn until taking showers etc and overtime. That there was an issue prior to are arrival and the shower had caused a leakage in the walls and therefore into the neighbour downstairs apartment before.

(which was not told to us by the owner of the property, only from the neighbour downstairs.)

We believe that the owner is trying to take advantage of the age of the building and the previous wear and tear. As we are 18 years of age as well (3 Ppl). It is an easy way for the owner to cast the blame on us due to our young age.

We have contacted airbnb resolotuion centre and they have been very helpful yet the reimbursement claim is still their.

What do the airbnb community suggest we do, also upon research of a leakage it supposedly should not cost more then 2k GBP which is around 5k aud

[Christina163]

this woman sounds insane. they're trying to blame renters for a leak? a leak isn't something you can cause by any means. if it was clogged, that is a different thing. but leaking is due to the house shifting & it can cause pipes to wear up against the original foundation of the building underground...or leak due to age of pipes. I suspect the pipes are very old.

this place sounds like a money pit. that neighbor could actually file a lawsuit against the owner if she is negligent on this issue for much longer.

you, are being harassed for money to fix something that is not your responsibility. this leak isn't going to stop because you moved out....obviously as they had an ongoing problem TWO WEEKS after u left & didn't fix it....scrambling back to you.

I get it. leaks are very expensive to fix bc you have to find them...we just had one that cost 12K & if we turned it into insurance we could get cancelled....

[Huma0]

@Christina163 I am guessing that the host waited 13 days to file the claim because the deadline to do so is 14 days after check out, and that is designed to co-incide with the deadline for review. A lot of hosts advise, when filing a damage claim, to wait as late as possible to try to avoid a retaliatory review. 

Leaks and water damage can be caused by guests. I have had more than one guest flood a bathroom due to carelessness and I also had guests cause water to come through a ceiling and damage furnishings because they broke a radiator valve. They claimed that if they had done it, the valve must have been old and about to break anyway.

They assumed because it was an old house that they could get away with that argument, but I have updated the whole heating system and the valve was new, high quality/expensive.  I had proof of purchase as well as the heating engineer's assessment that there was nothing faulty about the valve, but that someone had used extreme force. Anyway, I didn't ask the guests for money nor file a claim because I just couldn't be bothered with the hassle of it. Of course, the guests left me a negative review anyway.

However, in this case, it seems pretty clear that the leak was already there because of what the neighbour said. @Rory115 this is your strongest argument, but I am guessing the neighbour just told you this verbally and that you don't have it in writing? What is the host saying is the cause of the leak and why it's your responsibility?

[Helen744]

Rory, I cannot see how this could be your responsibity. Pay nothing.... H

[Rory115]

The only issue is whether airbnb try to automatically take the money out of my account if they deem the case to be in Liam’s favour. 

I connected a lawyer and they said that unless Liam can prove with photo evidence that the walls were perfect before our arrival we should be okay.

[Huma0]

@Rory115 

I really don't know if this works or not, but I've seen other hosts suggest this here on this forum for similar cases. Cancel the payment method that Airbnb has for you on file or claim a chargeback from your bank.

If they come after you, which I doubt they will, but I don't know for sure, then that is the time to take legal action.

I could be wrong. Other members of this community might have experience with this. 

[Rory115]

We do have the neighbours number luckily from when the leakage occurred.

Right now we are just waiting for airbnb to review what the property owner said yet it would be impossible for him to prove the damage was us as the wall was clearly damaged before hand

[Huma0]

@Rory115 

In theory, it would not be possible, but I am afraid that you never know what decision the Airbnb claims team will take. It is good that you have the neighbour's number at least.