Claim against bond for water usage but meter was unreadable/broken for entire tenancy

Syd Bargain Girl on 21/01/2016 - 14:05

I had a 3 month lease which ended in December. Throughout the entire time the water meter was broken (as in unreadable) and the landlord had not fixed it despite being advised of it. Photo of water meter - http://imgur.com/oP3YTHf

After I ended the tenancy and the new tenants moved in, the water meter still wasn't fixed, I went there myself and checked and it still wasn't fixed a month after the end of my tenancy. When I queried how they will separate the usage between myself and the new tenant the real estate agent's reply was "The water meter is unable to be read and separated for this quarter therefore the owner will be bearing the cost."

Yesterday, I received a letter with a claim of $116 against my bond without any explanation as to what it is for. When I emailed the RE agent to find out, she said that it is for water usage and that the invoice was sent to me before I vacated (which I did not get, so I don't think it was actually sent). She thought I already had a copy of this and sent me a snip of the bill (which I have snipped a bit more to remove the address and other charges - http://imgur.com/qCYBIZZ )

Since the meter was not readable the water usage clearly states it is based on an estimate. Should I dispute the claim against my bond, or should I just let them take the $116 based on the estimated usage?

Poll Options

  • 15
    Dispute the claim against since usage is an estimate and the meter is unreadable
  • 0
    Just suck it up and pay the estimated water usage of $116
Home & Garden

Comments

  • spackbace on 21/01/2016 - 14:31

    reply was "The water meter is unable to be read and separated for this quarter therefore the owner will be bearing the cost."

    I assume that's in writing via email? Kindly remind them of this. Property Managers love to nicely forget things, but when reminded that it's all in writing, quickly hide back under their bridges :)

    • Syd Bargain Girl on 21/01/2016 - 15:28

      I tried that but she says she was talking about "this quarter" and the bill is for the previous quarter.

      Her reply is:
      "The owner is not willing to clear all the water usage, she agreed for the last month (November onwards) which was the current quarter referenced to below.

      You were there for not 4 months’ worth and obviously water was being used.

      What do you think would be a fair amount for the 4 months?"

      • Schema on 21/01/2016 - 15:30

        They have no proof of how much you used, nor do yourself.
        so why should you pay any of it if they can't keep track of what THEIR tenants are using?

      • spackbace on 21/01/2016 - 15:35

        What do you think would be a fair amount for the 4 months?

        Sorry, too many factors for that

  • oscargamer on 21/01/2016 - 18:44
    +2

    your bond CANNOT be used for outstanding bills

    it can ONLY be held away from you for damages

    the agent is acting unlawfully

    speak to your local renting ombudsman / body / legal aid people

    or speak to the REIV or the local tenants association

    • altomic on 21/01/2016 - 22:29

      also the Tenants Union of Victoria - tuv.org.au

  • Syd Bargain Girl on 22/01/2016 - 08:13

    In NSW, they can make a claim against your bond for unpaid water bills or unpaid rent

    "The main reasons a claim may be lodged against your bond are:
    if you still owe any rent or have unpaid water usage bills"

    From - http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owner…?

    • firedragon on 11/02/2016 - 16:37

      What was the outcome?

      • Syd Bargain Girl on 12/02/2016 - 16:12

        They asked what would be a reasonable amount of water usage for the 3 and a bit months I was there, and I went through my last two previous bills at my other house and usage was around the $45 - $50 mark so they agreed to refunding the difference of the claim ($116 - $45) so they are sending a cheque for $71. Bond has been received minus the $116.

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