Rent Paid in Error Is Not Refunded Even Though Bond Is Released

Lgalaxianape on 12/10/2021 - 09:35

Hi, I stayed in an apartment for almost 2 years.

At the start of lease, an uncleaned property with roaches running around was provided to me. I had emailed estate agent about it on the first day and they simply said its regular thing and then threatened me stating if I think of providing unclean property during exit then owner might not extend the lease contract at the end of lease duration. So I did not say a word.

At the end of 2 years, I forgot to cancel direct debit for rent and I paid 1 weeks rent in error. I informed the agent about it and he mentioned that it will be refunded during exit.

During the exit, I did get the property cleaned professionally and exited. Agent emailed me stating that property is not clean, I will have to pay to re-clean it. I showed him the evidence of unclean property at the start of tenancy and he released my bond amount as he might had realised his mistake.

And then he started showing me some issues in the property stating its damaged and he wont refund me the rent paid in error. He also threatened me saying that if I dont agree to pay then it will be taken to tribunal. I have raised case with bank and asked them to revert the rent paid in error and waiting for their reply.

Advise appreciated on how to deal with this.

Even though bond amount is released, can he block my rent paid in error?

Home & Garden

Comments

  • Muzeeb on 12/10/2021 - 09:36
    +1

    IANAL

    NO

  • Summoner on 12/10/2021 - 09:50
    +7

    Your response should have been "Are you kidding? I am taking you to tribunal!"

    They cannot usually use your money without your agreement.

    I hope you have taken the photos of the property at the beginning and end of tenancy and wrote detailed entry and exit condition report to show there were no damages except for the fair wear and tear. If so, contact local tenancy authority to proceed your claim. The agents usually wait until conciliator is assigned to your case and initiate the dispute resolution process, then drop the case. (if you have the evicences)

    If the property was damaged, they should have discussed about this issue before releasing the bond.

    But if you do not have any evidence, not sure how this will play out in the tribunal. So contact the local tenancy authority for further advice.

    • galaxianape on 12/10/2021 - 13:38

      Yep I agree, if there was an issue with property, they shouldnt had released the bond. Thanks for your help

  • avoidfullprice on 12/10/2021 - 09:55
    +5

    Complain to Tribunal. They have power to sort this out.

  • Puglife on 12/10/2021 - 10:15
    -4

    Create an account to ask the community such a pointless question.
    Does everybody need their hand held for every situation that arises in life?
    I just shake my head at the stupidity that I see here lately…
    Maybe I should start a forum post asking you guys to explain it all to me…🙄🤔

    • admira on 12/10/2021 - 10:25
      +10

      Not everyone has all the answers to everything, sourcing other peoples ideas is sometimes helpful. Its obvious to you and me, but clearly not to them. Perhaps you are super confident in any situation and never need to ask for help but rather comment on others posts … but I know I sometimes struggle in situations that seem obvious to others and getting their advice can mean in the future it is something obvious to me.

      In other words, it takes nothing to be kind and generous in spirit and not reply at all.

      Have a great day!

      • galaxianape on 12/10/2021 - 10:27
        +2

        Thanks for supporting

  • wizzy on 12/10/2021 - 10:22
    +8

    No the landlord can't keep the rent.

    If they take you to the tribunal you will win. You could take them to the tribunal if they don't refund your money instead.

  • deme on 12/10/2021 - 11:43
    +1

    No.

    Contact https://www.tenants.org.au/

  • tomsco on 12/10/2021 - 12:10
    +2

    As others have said… rent is for rent alone. If they want to make a claim, they have to follow the process, which they have not.

  • Davo1111 on 12/10/2021 - 12:56
    +2

    Is this a legit lease?

    Put everything in writing, no more phone calls.

    You elect to have the matter heard in court, look up the tenants website. for details, in WA you just apply for the bond refund. If they do nothing, it gets returned. If they disagree, it's scheduled for court.

    Anyway, i'd argue to rent payment isnt a bond, so i'd ask that to be returned, in writing/

  • Seraphin7 on 12/10/2021 - 13:09
    +1

    I have raised case with bank and asked them to revert the rent paid in error and waiting for their reply.

    This will not help you. Banks are not there to resolve these sorts of disputes … for every one like yours, there is another one where the person who has sent the money is trying to rip the person receiving it.

    The problem you have is that the agent is holding the cash. You can, and should, carry on as much as you like, but my view would be that you should take the matter to the tribunal. If everything you say is correct … and evidenced … you will likely get a favourable outcome.

  • johndowy on 12/10/2021 - 13:57

    Did you get the property professionally cleaned and have invoice evidence?

    • galaxianape on 12/10/2021 - 14:15

      nope dont have invoice, but cleaner is happy to confirm if needed. And I have conversation messages with the cleaner and pics snapped after property was cleaned (already forwarded to agent)

      I wanted to go with agents cleaner but due to COVID, that cleaner refused to work.

      Currently agent is holding up money stating that there is damage to floor. But if that was the case, bond money should not had been released.

      • Summoner on 12/10/2021 - 14:30
        +1

        Next time, when approaching professional cleaners, ask them if they offer bond back guarantee on cleaning. If cleaner do provide the guarantee, they will come out and resolve the cleaning issue raised by the agent at no extra charge.

        • galaxianape on 12/10/2021 - 17:10

          Yep cleaner had given bond back guarantee.

          Question is, can they hold up the rent paid in error? Bond is refunded, so ideally if there is any issue with property they should have hold on to bond amount

          • Summoner on 12/10/2021 - 17:26

            @galaxianape: The money paid is usually going into the agent's trust account. My understanding is that the agent can only use the money in the trust account as per the owner's ( who deposited the money) instructions. As the payment was for weekly rent, i don't think they can be used for any other purpose.

            What did the agent say when they release the bond? Did they write anything on the exit condition report? Or have they just release the money as they are satisfied with the exit condition?

            I am not sure what exactly happened, but if you have all the evidence that you did not damage the property except for the fair wear and tear, i would definitely go with the dispute resolution process through rental authority.

    • miicah on 12/10/2021 - 14:19
      +1

      Not necessary anyway. People just do it because they are scared. 99% of the time the cleaners are from the real estate agent and get kickbacks or whatever.

    • WreckTangle on 12/10/2021 - 14:29
      +1

      Not a requirement in NSW

  • freefall101 on 12/10/2021 - 14:10
    +3

    realised his mistake

    lol no. They're out to screw you whatever way they can. I've had to sit in a rental agencies office until they finished processing a refund before because they kept saying they'll definitely do it ASAP and never did.

    They originally refused to release my bond because I left an empty plastic water bottle in the place though. They were idiots.

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