Lawyer or Small Claims?

We are starting to have big issues with our landlord. We have been in the same apartment for 4 years and we have pretty much paid for all repairs. These include washing machine (10 years old) all aircons (also very old) had to buy a new fridge. Our building has very poor plumbing and we have had problems since we have moved in. Some sinks don't drain, can't have more than two taps on at once in the apartment (2880 square foot apt). Have had to had plumbers in a few times but never really seems to help. Recently in our building many of the apartments have had MAJOR work done re plumbing. They have had to rip up floors and take out all kinds of pipes and replace e.t.c. One of the problems is that the draining pipes are abnormally small. So to cut a long story short - last week after contacting our landlord for weeks over this we couldn't drain the sinks in kitchen, utility and a bathroom. The landlord called his contractor who told him that he thought the problem was due to excessive hair going down the various sinks. What a joke! Then he blamed our helper for ruining the pipes. The contractor had to come back today to go downstairs and clear out their pipes (which is where ours apparently drains through). I filmed it all and they got a bucket of grey, mudlike sludge out and some hair (although very hard to tell what it was - all covered in black slime). So after that they cleaned it for a while and said it was fixed. We came upstairs and drains still not working properly. Finally after 4 hours they are working a little better (not normally at all). The landlord in the meantime has written us an email saying we are responsible for this as it was due to "grosse negligence" on our behalf. He thinks our helpers have been putting hair down the drains on purpose.

The bill is in the thousands and still not fixed. How can he prove that we put hair down all our sinks? His contractor took some close up photographs of the sludge (which he claimed was hair). WE also have the same photo's of slime.

I'm wondering if we should use a lawyer or go through small claims? I realise that a lawyer will probably cost the same as paying the bill but now am worried that our landlord will try to wangle his way out of future structural problems. The wear and tear clause seems very grey! Our lease is ending in September and they are trying to sell our apartment. I'm pretty sure he doesn't want to have to do any of the repairs that are increasingly needed. Also very worried that he will try to keep our two months deposit with his outlandish claims (rubber wearing away in window frames - due to misuse apparently) - even though we don't use said windows. Sun lightening half the floor in the lounge room - wants to replace all flooring. I can see it adding up to exactly $160 000.

Anyway sorry for this very long, boring rant. Hope to hear from someone who has had a similar experience and if it is worth fighting or just paying the bill.

Thanks for your advice

don't pay the bill! it's his job.


tell the contractor to send the bill to him and deal with it. if he comes back, show him your contract (where it hopefully says that wear and tear is his job). then shrug your shoulders.


btw, don't pay the last two months either...