Housemate Damaged Your Property: Letter of Demand (Australia)

Share-house disputes turn ugly fast. A housemate breaks your TV, ruins your couch, costs you your bond by punching a wall, or simply refuses to pay their share of a damage charge. They move out, ghost the group chat, and you’re left wearing the cost. There is a real legal path here, even between former friends.

The legal context

Where a housemate damages your property, the tort of negligence (or, where deliberate, trespass to chattels) gives you a direct claim for the cost of repair or replacement. Where they cost you your bond by causing damage to the rental, you have a claim for contribution. Where they signed a co-tenancy agreement and breached it, you have a contract claim too.

In New South Wales a claim for damage between private people can be brought in the Local Court, whose Small Claims Division hears claims up to $20,000. In other states, check which court or tribunal hears property damage claims between individuals before you file.

Realistic outcomes

Some housemates pay on receipt of a formal letter once they see what they could be liable for: their share of the damage, plus filing fees. If they do not, the next step is to file a claim.

The document approach

Set out the damage with photos, dates, and either the repair invoice or two replacement quotes. Identify the legal basis (negligence, trespass, contract, or contribution to bond loss), and demand payment within 14 days. Say that you will file a claim if they do not pay.

What Claim Done delivers ($49)

For a flat fee, we draft a tribunal-grade Letter of Demand in your name, ready to send by email and registered post.

What to expect after

If they pay, document the settlement. If they don’t, lodge with the relevant tribunal. Bring photos, invoices or quotes, and any messages where they admitted responsibility (those are gold).