Rental Bonds Dilemma

No ONE on 07/08/2017 - 18:13
Last edited 07/08/2017 - 18:31 by 1 other user

Hey Folks,

I ran into some dilemma with real estate. Real estate agent deducted a claimed damages from our rental bonds. I have a few question about the validity of the claim.

The owner used to fix everything before we moved out.

1. Owner changed x item himself (with cheap quality material, value less than $15)
   At the the end of tenancy, real estate claimed damages and repair done by professional (although photograph sent to us shows no sign of damage).

   what are the chance of winning this dispute in tribunal.

2. Real estate replaced Y item. We asked for receipt on 31/7/17, a week later receipt provided dated 31/7/17. Repair may have been performed a month ago. Here is the thing, the invoice has the owner name (sole trader). Is that even allowable? This seems like a dodgy scheme.

   owner invoicing → real estate → real estate claims from owner

Since when can the sole trader (owner) bill themselves.

I would appreciate if anyone can provide me with a right advice and direction. I am so frustrated with their claim. Lived more than 5 years, they never bothered to address the issues during tenancy and rents kept getting higher. The claims are more likely wear and tear which I will be taking it to tribunal.

• 

  [Deactivated] on 07/08/2017 - 18:22

  +3

  They can't claim anything without your consent. Just deny their claim and let them take you to NCAT. Most likely the owner will give up, because the real estate agent will charge $100/hour for appearing at NCAT. Not worth it for a small claim.

  NCAT bond claims proceedings are heavily skewed in favour of the tenant. It's difficult for the owner to make a successful claim and even if they're successful, its unlikely to be the full amount the owner is claiming.

  Edit: Make sure you submit a bond claim form first, so the landlord will have to pay the NCAT fees.

  • 

    garetz on 07/08/2017 - 18:34

    What this person said is the best advice you will get.

    • 

      No ONE on 07/08/2017 - 19:31

      Unfortunately, real estate agent already lodged and claimed the bond. When my parents handed the key, they may have asked them to sign a paper and I was not there if they signed the bond paper or key return paperwork. Unfortunately, my parents do not have enough literacy to understand what kind of paperwork they signed. So now, it is up to me to take it to tribunal and dispute the claim.

      Thanks for the advice. I honestly did not know that tenant can lodge the bond too. I will keep that in mind.

      • 

        [Deactivated] on 07/08/2017 - 19:49

        I don't think you can take it to the tribunal now. The form your parents signed was the consent form agreeing to the deductions.

        You might be able to find a technicality, like if you were on the lease and didnt sign the form.

        Apart from that you're out of luck.

      • 

        No ONE on 07/08/2017 - 20:01

        @sp00ker: My parents may have signed the consent form for return of the bond, but I am definitely sure there was no claim when they signed the paperwork, or they have not agreed to sign any claimed deductions at that time.

      • 

        [Deactivated] on 07/08/2017 - 20:15

        @Oz Bargain 3:

        Was the amount field in section 1 blank or NIL?

        There's a big warning on the form saying do not sign of section 1 is not complete. I don't think you can claim illiteracy as a defence now.

      • 

        No ONE on 07/08/2017 - 20:18

        @sp00ker: I might ask for a copy of that signed paper from real estate agent.

      • 

        [Deactivated] on 07/08/2017 - 20:34

        +1

        @Oz Bargain 3:

        How will that help? If section 1 was blank, they would've just filled it out after you're parents signed.

        Surprised they didn't try to take the whole deposit if section 1 was blank.

        I doubt the agent would reply to your request for the form and even if they did, they'd say they don't have it anymore … Contact fairtrading for a copy

      • 

        jimbobaus on 08/08/2017 - 18:56

        FYI… the bond claim is not valid unless the signature on the claim form matches the one of the lodgement form, was it rented in your parents name?
        Also the claim form would of had any expenses they wanted to deduct… so you are SOL if they signed it.

      • 

        No ONE on 08/08/2017 - 19:00

        @jimbobaus: Agreement in my parent's name; definitely no expenses mentioned as claim came after the key was handed back. Claim came after 1 or 2 months.

      • 

        jimbobaus on 08/08/2017 - 19:07

        +1

        @Oz Bargain 3:
        Then they had no rights to any of the bond.
        when you hand back keys the agent has to show you the bond claim form as they intend to lodge it.
        So… for example in a lot of cases agents say "to save time, just sign this and you wont need to come back" in most cases agents would do the right thing and call you if they intend to take any of the bond. But they have a LEGAL obligation to advise you if the intend to make a claim AND also give you an opportunity to rectify the situation yourself (but this means you are liable for rent while you make the repairs as the lease cant end due to you needing access to the home)
        I would def contact the bond authority in your state as well as the agent and ask for a copy of the bond lodgement form.
        If they have made claims and not informed you then it is a breach of the act and as such you would have a legitimate claim to take them to the tribunal.
        Your local tenancy union would have advise on how to start this process, the tribunal will probably cost you around $30-$60 depending on your financial situation, also the hearing will have to be your parents as they were "the tenants" in this situation. The landlord will not be liable for the fees whether you win or loose sadly, this is something you will just have to cop but if you want to send a message then its worth it imo

        I am a property owner in both NSW and VIC and can tell you that in cases like this the tribunal would find in favor of the tenant OR only allow the owner to claim "reasonable costs"
        based on what you have shared, you would more than likely win as the claim was fraudulent as you were not advised or given the opportunity to rectify the issues yourself (which is your legal right)

        Feel free to PM me if you need some help

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  Ocker on 07/08/2017 - 18:25

  Take it to the tribunal as the majority of times they will side with the tenant.