Real Estate Refusing to refund bond [VIC] - Potentially unreasonably clean property?

cauilfield on 11/04/2019 - 22:16

I moved out from the property 9 business days ago leaving my property professionally cleaned. Receipt was provided to the REA.

Final inspection was carried on yesterday (9th day).

Now they are claiming the property has few minor flaws and they want me to attend and fix them. Otherwise they can take out $100 from my bond.

My Cleaner only gave me 7 day bond-guarantee hence he won't be able to come back.

At the same time, they are running inspections at the property which obviously will bring more dust and dirt into the property.

What are my rights here? I know that they only have 10 business days to claim the part of my bond back though.

Am I able to submit the online refund form instead?

Home & Garden

Comments

  • whooah1979 on 12/04/2019 - 04:11
    +1

    Let them have the $100.

    Name and shame.

  • spackbace on 12/04/2019 - 05:33
    -1

    Well that depends what the flaws are…

  • oscargamer on 12/04/2019 - 06:13

    Claim the bond yourself now.

    Can you go and do the minor cleaning yourself?

  • spal on 12/04/2019 - 06:26

    Why don’t you dispute their claim. Put it in writing to them with the reasons you have, and ask them to either accept or refer it to VCAT. They cannot take money from your bond unless you accept the liability or VCAT authorises. I would say that it would cost more than $100 to pursue in VCAT.

    My only concern would be if they are able to or bothered enough to record something in your tenant history. This would make getting another rental bit difficult. However, if you have moved to your own house that shouldn’t be an issue.

    Also speak to Consumer Affaires Victoria, or look up information on its website.

  • Euphemistic on 12/04/2019 - 06:43
    +1

    Just because it was professionally cleaned doesn’t mean that it was cleaned to the standard required by the agent. They may have missed something that they would be required to return for. Of course it is possible the agent is just trying it on to see if they can sting $100 out of you, hoping you will not take the time to go back and they can collect in which case it is definitely worth going back.

    Is it worth $100 for you to go and clean it properly, assuming that the cleaner will not return under ‘warranty’? The cleaner may make an exception to the 7-day rule for good business.

    Typically the small things that are picked up could be cleaned quite quickly, but if it is going to take several hours it might be worth letting go of the $100.

    • Almost Banned on 12/04/2019 - 09:24
      +1

      The agent's standard is immaterial.

      • Other on 12/04/2019 - 11:48

        This.

        Once VCAT will see a professional cleaner receipt, they aren't going to care what the RE Agent says.

        • whooah1979 on 12/04/2019 - 17:40

          professional cleaner

          Some exit cleaners do the minimum work just get to get paid.

          • Other on 14/04/2019 - 00:09

            @whooah1979: So what.

            A judge is going to take a receipt over someones word, especially if the receipt is from a 3rd party.

            • whooah1979 on 14/04/2019 - 00:14
              +1

              @Other: This matter is never going to presented before a judge and a tax invoice may only show that a service has been paid for. It doesn't show the standard of the service that may have provided.

              • Other on 14/04/2019 - 17:27

                @whooah1979: Fine lets get into a semantics.

                Your hearing will take place in front of a member of the Tribunal, which in more regional areas may be the local magistrate.

                The person has a business cleaning house. The court system will not require the cleaner to be called for such a trivial matter.
                Rather the Judge will expect that the cleaner will have a reasonable level of competence and would of done a job that would meet the standard required. After all if they were not meeting the expectations required - would they still be in business?
                The justice system applies the same approach to a myriad of other professions/businesses.

                For example if you say "I had an operation" the Court system Assumes that the operation was done with due care & skill and to the standards required. It's you who have to prove otherwise.

      • Euphemistic on 12/04/2019 - 12:26
        +1

        The agents inspection is what passes or fails your cleaning. So the agent, wether right or wrong in identifying an issue does have done say. Just because you’ve had a professional clean doesn’t mean the place is clean but just because the agent thinks there are some issues, doesn’t mean VCAT won’t back either party.

        Tenants miss stuff, Cleaners miss stuff, different agents will expect different things. When it doesn’t align you might end up losing some bond.

    • brendanm on 12/04/2019 - 10:41

      Doesn't matter what the agent thinks. It only has to be as clean as when op moved in. In my experience, about 50% of PMs are asshats.

  • try2bhelpful on 12/04/2019 - 07:34
    +2

    I, assume, you have a list of all the issues they have. I would ask the estate agent to accompany you on an inspection of the property so you can both go over the issues they have. I doubt they will waste their time doing this so you’ll get your money back. If the issues are something the cleaner should’ve addressed then you can talk to them about remedy or you might be able to fix it yourself.

    • spackbace on 12/04/2019 - 07:44
      -2

      I, assume, you have a list of all the issues they have. I would ask the estate agent to accompany you on an inspection of the property so you can both go over the issues they have.

      They would've just taken photos…

      • try2bhelpful on 12/04/2019 - 08:56

        I assume that the OP has been given the pictures then. I would still insist on the walkthrough.

  • Baysew on 12/04/2019 - 09:29
    +1

    What are the "few minor flaws"?

    • godofpizza on 12/04/2019 - 10:44

      were these minor flaw there when the cleaners completed the job? did you check that they were actually cleaned before paying them?

  • apple2016 on 12/04/2019 - 11:42

    My Cleaner only gave me 7 day bond-guarantee hence he won't be able to come back.

    Should it not be for a reasonable amount of time???

    • [Deactivated] on 12/04/2019 - 12:28

      The house only stays clean immediately after it is cleaned. Not sure if house stays clean for a day if it is occupied by kids.

    • whooah1979 on 12/04/2019 - 17:44

      A 7-day guarantee is more than enough time for the REA to do an inspection.

  • orangetrain on 12/04/2019 - 16:22

    Do final inspection with them before handing over keys. That way you can clean up any issues except ones that are severe ie need replacing.

    I do not know why renters let agents walk all over them.

  • ms_caz on 12/04/2019 - 17:57
    +1

    Still haven’t been told what the minor flaws are …

  • Gersman on 16/04/2019 - 20:07

    They can't keep $100 of the bond as such any longer as the legislation has changed, they need to get the work done and supply a receipt of the cleaning work that has been done before they can have any money
    Go around with the agent ask them to show you the work required take photos then send the photos to your cleaner and see what they say first if its minor they might come back or you may be able to do it yourself as a last resort.

  • spackbace on 16/04/2019 - 23:29

    Another op that can't even be bothered updating the post. Why ask for assistance if you won't bother replying?

    • spal on 18/04/2019 - 13:42
      +1

      Someone had a cheek to neg you to state the obvious. It is now sorted!

  • uedamasaki on 17/04/2019 - 11:45

    not sure if things are different in your state, but in QLD it's worth submitting the paperwork to claim the full amount of the bond ASAP. The onus is then on the realestate agent to prove otherwise and dispute claim, which means they have to do all the legwork.

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