Need Some Advice to Deal with Rental Property Manager

codinghelloworld on 13/11/2019 - 11:29
Last edited 15/11/2019 - 00:28

Hi everyone,

I am in the situation that need your advice to deal with rental manager.

One month ago I sent email to the manager to tell I will vacate the property in one month. I cleaned everything but she is not satisfied so she requested me to hire their cleaner to clean the property for $300. Because I am lacking of time so I agree with that and proceed. But after a few days she sent another email request:

  • Few stains in the kitchen bench top that need to clean, I thought this one is included in the cleaning fee I paid for their own cleaner. Now she come back and ask if the stain cannot be cleaned, probably I have to replace the bench top (??!)
  • The light cover in bedroom and living room are missing. I already agreed for her to buy replacement. The reason of these cover broken is this is very old complex, more than 30 years old, and the upstairs kid running all days, so after few years living in my property, the light cover fall off from 3 small hooks. The funny thing is: she said she cannot find the light cover for replacement, so she requested me to replace the whole light system in bedroom and living room (??!)

This is my first rental property in Australia, my question is: how to deal with this situation? Thanks

UPDATE: 15/11/2019
Below are 2 images I took after I clean the property, and before they organized their cleaner.
https://imgur.com/a/FcYPYm4
https://imgur.com/a/d4HYj7B
It is blurry but I cannot find the mark, especially the big mark on the left side of the kitchen https://imgur.com/a/aaDfUQB. I wonder did their cleaner make these and the agent try to blame me for it??! Tomorrow I organize to meet the agent at the property to replace the light cover. They did not release the bond and refuse to invite me to use Rental Bond Online, I made a research on this, real estate agents will be fined over 2k if not invite tenant to use the system. How come they refuse a couple of times when I request it?!

General Discussion Rental Property

Comments

  • Typical16-bitEnjoyer on 13/11/2019 - 11:38
    +6

    Oh geez they conned you good. Sorry to hear.

    Since they've taken advantage and skimmed $300 from you already, tell them to speak to their cleaner and to F off. Tell them the lights are fair wear and tear and were old.

    Lodge your Return of Bond form ASAP.

    • codinghelloworld on 13/11/2019 - 11:54

      Yeah, thanks, I will lodge Return of Bond now.

      • Typical16-bitEnjoyer on 13/11/2019 - 11:56

        Did they give you a copy of the final inspection report and the tax invoice for the cleaner?

        • codinghelloworld on 13/11/2019 - 12:01
          +1

          They gave me the final inspection when I moved in 3 years ago. But did not give me report when I moved out.
          Yes, I have tax invoice for the cleaner. Looking at the name and ABN, I think this is her side company.

    • brendanm on 13/11/2019 - 12:43
      +1

      This, tell them to shove it, and that you have plenty of time and will be happy to take it to tribunal.

  • godofpizza on 13/11/2019 - 11:40

    benchtop - if the stain to the benchtop cannot be removed it. Have you tried removing them yourself? are they burn marks? pics?

    light in bedroom - i don't think anyone stock 30 years light fixtures, it might be best to paid for a replacement. depending on the style of lights, it might not be too expensive to replace.

    • Typical16-bitEnjoyer on 13/11/2019 - 11:49
      +1

      No. Just no. Nobody is required to replace a 30 year old fixture.

      OP got fleeced for a $300 cleaning bill. Property manager can waste their time with their family member/cousin/child they use for cleaning and fleecing tenants. $5 there is no tax invoice, or if there is, it's in the property management name. If the property manager wants to claim on the Bond, I would love to be front row when they get slapped around for wasting an NCAT member's time when OP has paid $300 they never needed to in the first place.

    • codinghelloworld on 13/11/2019 - 11:58

      I made a quick search on Bunning and found this https://www.bunnings.com.au/luce-bella-40cm-frosted-glass-ce…, this is the same with the ones in bedroom and living room. I should have bought this and replace the cover and keep the base. She said I have to pay for labour cost and replacement cost.

      I attach the picture of some burns in bench top: https://ibb.co/ZgJ8ckF. I tried to remove this with some chemicals bought from Woolworths, but not success. Also, not sure these burns been there before I moved in or not, because this is new rental manager, not the old one when I moved in.

      • godofpizza on 13/11/2019 - 12:07
        +1

        sorry can't see the pic, you did you burn the bench top? or were they there before you rented the property? otherwise they might make you pay for the damages. unless it in the initial condition report( that there was no damage) you might have a case.

        as bdl has said, you not going to be able to bring back a burn benchtop with cleaners.

        about the light has it been replaced by the REA yet? have you mentioned you that your have founded a similar one in bunnings? if it just the cover it should be fine, but if you let the REA deal with it they will have to hire a handyman or replace it for you = cost/labour etc.

        • codinghelloworld on 13/11/2019 - 12:13

          About the burns, my fault for not checking and report if there were burn marks there. But replace the whole bench top, to me still does not make sense.

          About the light, they did not replace yet. I am thinking to buy replacement from Bunnings and give the cover to them.

          Funny thing is, they just received the deposit from the next tenants. I just checked on realestate.com

          • Typical16-bitEnjoyer on 13/11/2019 - 13:44
            +4

            @codinghelloworld:

            to me still does not make sense.

            Because it doesn't make sense. Tell them to F off.

            They are trying to use you and your bond money to fix things up that you aren't responsible for. Wear and tear happens. Things degrade. Things break.

            I've personally seen a landlord try and keep a tenant's entire bond to recarpet an entire lounge room because of a single small rip in the corner of the room. The carpet was 20+ years old and had ~6 other rips in total in other corners. But because of that 1 single additional rip they apparently thought that tenant should pay to replace the 20+ year old carpet for the entire room. VCAT member gave a very entertaining verbal slap to the property manager that day.

            That tenant? Me.

        • codinghelloworld on 13/11/2019 - 12:17

          I uploaded a new image here, so you can take a look. Thanks

          https://imgur.com/a/aaDfUQB

      • b0rnwithabeard on 13/11/2019 - 12:27
        +3

        those marks on the benchtop are a joke. That would easily fall under "reasonable wear and tear" in anyone's books. Don't be conned into replacing them. Same with the light fixtures, and same with the cleaning bill. You use their specific cleaners because they personally vette them, so if they do a bad job, it's not on you.

        Make a collection of every single interaction you have with your landlord. Don't talk to her on the phone, make sure everything is in email so that you have a record of it, then get in touch with your local tenants union and get them to advise you. If this were me, I'd take it to tribunal. I wouldn't hand over another cent to these people.

        Landlords rely on the fact that their tenants don't know their rights, and no offence, but it seems like you're one of those people. Read up on your rights and tell this landlord to get stuffed

        • Typical16-bitEnjoyer on 13/11/2019 - 13:38
          +2

          Lots like the landlord neg parade is out in force at our comments. Absolutely agree with everything in your post.

          • bobwokeup on 13/11/2019 - 20:04
            +1

            @Typical16-bitEnjoyer: I’m a private landlord and I totally agree with you. It’s agents like these that gives everyone who owns/runs a rental. If I was the tenant I’d be lodging a complaint with the Bond Administrator or whoever is the relevant government agency. At least call Consumer Protection (in WA) they are there for tenants and landlords.

            • Typical16-bitEnjoyer on 14/11/2019 - 09:25

              @bobwokeup: Unfortunately the correct system of complaints doesn't achieve anything. Property managers will continue to prey on the fact tenants are scared of NCAT/VCAT (who generally side with the tenant in these circumstances) and aren't aware of all their rights.

              We just need more tenants to be aware of their rights and be willing to push back and press their Bond return. An hour in NCAT x however properties they manage will certainly end their dodgy practices practically overnight. Their time and costs would skyrocket.

      • wizzy on 13/11/2019 - 14:15

        I should have bought this and replace the cover and keep the base.

        Be sure to check the size to make sure the new cover will fit though. I had to replace a glass light cover like this recently and quickly realised that they are not all the same size, even if they look the same. That Bunnings one is actually quite big (40cm diameter), whereas most are around 30cm. The one I had to replace was 35cm.

        • codinghelloworld on 14/11/2019 - 09:22

          Thank you for pointing good point. Probably I give them few sizes, then if it not fit they will ask me again.

  • bdl on 13/11/2019 - 11:55
    +2

    This is my first rental property in Australia, my question is: how to deal with this situation? Thanks

    Did you stain the benchtop and/or break the light, though? Light fittings don't just fall off. A child running in the level above shouldn't break a light fitting…

    If you didn't, that's fine, however if you did knowingly (accidentally or otherwise) break stuff, then the onus is on you to bring it back to the condition it was when you first occupied the property.\

    Since you used their recommended cleaner, tell the agent to follow up with the cleaner if the cleaning job was not up to scratch (ie: don't spend anymore on cleaning). But remember: you can't clean a broken thing to make it unbroken again.

    • codinghelloworld on 13/11/2019 - 12:09
      +1

      Maybe I stain the bench top when cooking, but not sure if it was there before I moved in, the final report before I moved in did not mention about this, and I did not notice these things so did not report to previous manager.

      I agree the light fitting should not fall off easily. But when I was living there, I notice the light cover has some crack on it, without touching it, and before I moved out few months, it fall off and broken.

      I think I will buy the replacement from bunnings and give her the light cover.

      • thatonethere on 13/11/2019 - 13:46

        Is the benchtop stain hot oil marks? If so you can just coat the rest of the bench top in hot oil to match…

  • redforever on 13/11/2019 - 12:52

    with the light, you should ahve reported that to the REA. unless you broke it when you try chaning the globe, they should have replaced it.

    Not sure if it's too late now.

  • coffeelover19 on 13/11/2019 - 13:15
    +1

    The best thing may be to apply Tribunal (NCAT in NSW), the application fee is only $50.20 and at least you have a middle man who can give a fair judgement on the damages and how much you may need to compensate. The tribunal in my experience tends to favor the tenants so if you cannot resolve this directly with your agent, this may be the best option.

    • Typical16-bitEnjoyer on 13/11/2019 - 13:46

      It's NSW so best to apply for the Bond return first. They don't need the landlord/property manager's approval. If they contest then NCAT is the next stop.

      • thatonethere on 13/11/2019 - 13:47

        The REA usually charges the landlord $300 roughly to attend NCAT so that usually cools their shorts for small sums on money.

        • Typical16-bitEnjoyer on 13/11/2019 - 14:58

          yup

          Changes also coming soon in Victoria which will copy NSW processes (about time!)

          • codinghelloworld on 29/11/2019 - 15:17

            @Typical16-bitEnjoyer: Update: I already submit my bond claim refund form online. I replaced the light cover few weeks ago.

            Now the agent sent email that: the owner still want to get the benchtop fix, the agent send me the quote from a company, that's $400 for fixing the burn. That's way unbelievable.

            Probably I should wait for Fair Trading to request them to feedback about bond claim… Any idea guys?

            • wizzy on 29/11/2019 - 15:43
              +1

              @codinghelloworld: I had a chip fixed in my stone benchtop a couple of years ago. I can't remember the exact cost, but it was somewhere between $200-300 to fix one very small chip - about 5mm diameter. I don't really know the cost to fix laminate though.

              • codinghelloworld on 29/11/2019 - 16:10
                +1

                @wizzy: Thank for your input. The agent gave me a quote of $400 for fixing the small chips. I think the better option is wait for Fair Trading to feedback, if the agent contest then she can bring to Tribunal and pay application fee.

                The funny thing is the property has been rented out to other tenants. So I guess if I pay $400, they will not fix the chips and cash out the money.

  • OzHunterNSW on 14/11/2019 - 11:02
    +4

    I just recently took my land lord to tribunal and won $2,500.00.
    Your land lord is scamming you.
    By choosing their cleaner is a good option, but for them now to ask for more is not on. You paid $300 for what?
    They are all scammers. I have sat waiting at Tribunal many times overhearing the cases before me. Land lords trying to scam bond money from tenants by claiming exactly what your land lord is claiming here. The Tribunal Members have seen it all. These requests are denied once the Member realised the premises are at least 10 years or more. These "blemishes" are of typical age of the property.
    Your land lord is taking you for a ride… DO NOT pay any extra…. write for an explanation as to why "their" cleaner did not do the job properly.
    Build a paper trail. Write as if you are investigating asking ligament questions. The Tribunal will read this as legitimate questions too and then it is up to the land lord to explain their actions.

    You will win…

    • codinghelloworld on 14/11/2019 - 11:42

      Lucky for me, I heard a lot of trouble with real estate agents on OzB so I always request email when communicating with them.

  • HeWhoKnows on 14/11/2019 - 17:34

    From a property manager!

    The incoming condition report is your guide and your bible.
    You must present the property back in as near as possible to the same condition as that incoming condition report.

    If the entire house was clean then you return it all clean.
    If it was dirty then you return it dirty.

    If you have lived in the property for a few years then an allowance is made for acceptable wear and tear. Such as with carpets.

    All breakages should be made good with as similar as possible replacements.

    As for the stains on the kitchen benchtop tell your property manager to refer this to their cleaner since they appointed them. Not you.
    But Try your best to remove the stain anyway. Check Google for ideas.
    A stain does not constitute damages to a benchtop so they cant make you replace it. Even so the age of the kitchen and depreciation must be taken into account. They cant make you replace new for old.
    Anyway some handy trademen can just run some new laminate over the benchtop for a few dollars. Its not hard.

    I suggest you cease to agree to everything with your property manager and make a claim for your entire bond directly to the bond board. Let them open a dispute with The tribunal. That way they pay the application fee

    • codinghelloworld on 11/12/2019 - 09:57

      Update:

      I just got email from NCAT, which state the date for hearing. The agent tried to call, text, email me the quote for the fixing for benchtop but I was on meeting so I did not answer any, because I lodged bond return 2 weeks ago.

  • rocmelon on 14/11/2019 - 21:22

    Benchtop repair DIY
    get some 2-3 paints that match benchtop or markers
    Black -silver or gold for the sparkle
    Bunnings has wrong colour mixes for $5

    Spot paint, like aboriginal dot paint.
    After paint is dries spray some clear varnish
    all over the bench, comes up like new.
    Look in youtube

  • Ashmattic on 27/11/2019 - 07:43

    Call the Tenants Union NSW on (02) 8117 3700. We have a similar program in Qld where you can call for immediate over the phone advice. It your matter is a little more complicated or requires representation they will refer you to the closest community legal centre that is funded to assist.

  • codinghelloworld on 29/11/2019 - 15:12
    +1

    Update: I already submit my bond claim refund form online. I replaced the light cover few weeks ago.

    Now the agent sent email that: the owner still want to get the benchtop fix, the agent send me the quote from a company, that's $400 for fixing the burn. That's way unbelievable.

    Probably I should wait for Fair Trading to request them to feedback about bond claim… Any idea guys?

    Thanks heap for your help.

  • codinghelloworld on 11/12/2019 - 09:57
    +2

    Update:

    I just got email from NCAT, which state the date for hearing. The agent tried to call, text, email me the quote for the fixing for benchtop but I was on meeting so I did not answer any, because I lodged bond return 2 weeks ago.

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