Getting Rental Bond Money Back

Need some suggestions about getting the bond money back.

We stayed in the property for 2.5 years. Then, as per the rule, gave notice 1 month before I vacated the property.

Dropped the key to real estate agent on right time on Friday 29th April.

On 3rd May, we received an outgoing report, the real estate agent went to property on 2nd may and send us report on 3rd. she showed a lot of problems, according to her the whole home was dirty and all the blinds are damaged.

Now, few things to consider here.

  1. The real estate agent never visited the property in last 2.5 years during our stay, not a single inspection. Not even when we gave notice one month before vacating property.
  2. We spent $850 end of lease cleaning. I was happy with the cleaning after the cleaners finished their job. Now the agent thinks the property is dirty! I don’t know how can I make her happy
  3. She took the picture in outgoing report which are very unclear and doesn’t reflect her claim that the property is dirty.
  4. How can I trust her? How can I not say pictures are photoshopped or something else?
  5. She claimed the blinds are damaged and doesn’t open which I am 100% sure a complete lie. She wants to charge us $1200 to replace those blinds from our bond money.
  6. She also used her cleaning team and sent us invoice of $110 that she will keep from our bond.

We have taken the matter to Fair Trading. Our case date is on 27th June.

Need some idea what to do, not to do on that day if you guys have any experience.

This was our 4th rental home in last 12 years and in previous 3 home, we didn’t have a single bit of problem to get our bond money back 100%.

Comments

  • Not sure if it's wise to name and shame the Real Estate Agent, as the matter is going before Fair Trading. Probably best to edit it out, and be vague with the location. :)

    • done.

    • +8

      Probably best to edit it out

      LOL! Streisand Effect 101. First thing I did was go to page revisions to see who it was. 🤣

      • +1

        wow, sweet. Didn't know about the page revision feature

  • BTW who is Kye?

    • The key wasn't brought back. They're prob charging for that too!

  • We spent 850$ end of lease cleaning

    Were you renting a mansion?

    We have taken the matter to fair trade. Our case date is on 27th June.

    Do you mean NCAT? Take your cleaning receipt as evidence. If you took any pictures (which you should always) on the way out, bring them as well. The rest of it is up to them to prove. Things like blinds - even if you've totally destroyed it, you wont be paying the full cost. At the very worst, it'll be the depreciated cost.

    • +1

      Maybe it was Forensic Cleaning?

      • too much movie serial is injurious to mental health

  • mansion : it is a 2 bedroom unit. i think you don't have any idea how expensive cleaners are now a days. 2.5 years back i vacated a 3 bedroom unit and end of lease cleaning was 350. today 2 bedroom unit is 850. cleaners are very expensive now a days

    • +12

      A full 2-bed end of lease deep clean is $300 with another $100 for carpet steam clean. You got royally ripped off unless it wasn't a standard clean and added tons of extras.

      • +1

        not anymore. this is 3 years old info.

        • +2

          Not sure who convinced you this but it absolutely is. Did a clean less than 2 months ago. Here you go for 2 bed with extra carpet steam clean: https://i.imgur.com/CgAcagB.png

          They aren't even the cheapest around, but one of the more reliable ones I've found.

          • @Hybroid: Funnily enough I used that booking service around 8 months ago - ~$850 for a 4 bed house incl steam clean - but the quality of their service was awful.

            They completely missed one of the bathrooms and didn't clean any of the windows (paid extra for external windows), among other minor things.
            Had to recall them twice to finish the areas they missed and had to do a bit of the work myself as we couldn't recall them for the 4th attempt in time - they did refund a portion of the fee however

    • +3

      you don't have any idea how expensive cleaners

      Can confirm.

      Back in February we paid for professional cleaners to do a basic clean (timber floors, kitchen (excl oven and fridge which were brand new), 1 x bathroom, 1 x bathroom-laundry) of a 2br house in inner-suburban Sydney before a stylist came in for pre-sale staging/photography.

      $670 incl GST.

      • 670 is good deal

        • It was the cheapest quote we received by almost $120

    • +3

      No No, you have no idea how expensive cleaners are nowadays, if you did you wouldn't have agreed to paying $850. Maybe you should of gotten more quotes.

      • ozbargain doesn't work in real life cleaing world now a days. cleaner shortage

        • yes, the great cleaner shortage of 2022.

          • @garetz: I think you're misunderstanding the topic here.

    • +1

      I live in the Hills shire. You have definitely overpaid for the cleaners.

  • Hope you have photo's of when you moved in and when you left as you will need them to show you left the place okay and did not destroy it.

    As has been posted a number of times on OZ Bargain there are a number of shady REA that try anything to get the bond back and conversely there are also posts where tenants have damaged places and whinge about not getting the bond back.

    1) The inspection during the last 2.5 years is an issue with the landlord.
    The final inspection without you as/could be a problem.
    2) It looks like the issue of cleaning is moot as you have an invoice from the cleaners and if not then kiss the cleaning fee good by, unless you have photo's.
    3) As for photo's not being clear this could be deliberate or could also be the app the REA used to send the photo's to ensure that they were under a certain size.
    4) The REA works for the landlord and/or them self's, not you.
    5) Were they damaged or was it normal wear and use after 2.5 years? If they were not new when you moved in then how old were they and as such the cost is not how much it is to replace, but how much are they currently worth and therefore this is
    6) See issue 2. They can do this as they get a kickback on the cleaning.

    For the fair trade, make sure you have the following
    a) Move in report and move in photo's
    b) Cleaning invoice and photo's of the cleaning when you moved out
    c) Photo's of the blinds, built ins, oven, cooktop, kitchen cupboards, bathroom etc for when you moved in and also when you moved out.
    d) All emails and correspondence between the REA and yourself in case they bring up something so you can check it or see how you responded.

    Good luck.

    • thanks. this will help really. i have photos of the property after cleaning but not every inch :(

      • The thing to remember is unless the blinds were brand new (and I mean only months old), they have to apply depreciation. There are specific schedules for these things. You may find that the blinds are now completely depreciated and therefore worthless, so they cannot claim from you.
        I know of a situation where some relatively new carpet (three years old) was completely pet damaged. But carpet is meant to last 10 years, so they were only able to claim 70% of the new carpet cost.

  • -5

    You paid for cleaners but didn't use the RE's recommended cleaner? Rookie move.

    • +1

      they didn't offer us any cleaning service, in fact they didn't communicate us at all unless the key return timing.

  • +2
    1. Doesn't matter.
    2. Does the company you used offer a guarantee (I would hope so considering the price)?
    3. If you can, lodge your bond return form immediaterly (not 100% familiar with NSW laws) with zero to be taken from the bond (even if they won't sign) - this may slow down the overall refund process but will mean that they'll have to take you to NCAT to get anything. This step alone will dramatically reduce the likelihood that they'll continue to pursue.
    4. Well you can't - whilst the onus is on them to prove that it was dirty, did you take pictures that could be used to counter their claims?
    5. They will have to prove this. An important thing to consider is that they can only claim for the depreciated value of the item - they can't claim the complete cost of new blinds when they were already 10 years old. Very common for REA to try it on and get you to pay/replace things that they wouldn't be able to justify otherwise.
    6. If they didn't give you an opportunity to remedy the issue then that's their problem.

    It's not clear from your post - do you have a case at Fair Trading or at NCAT? It's not really clear where in the process we are right now.

      1. ok. i thought their last inspection has to be in presence of us or both the party bave to be present.
      2. yes they gave us 7 days guarantee
      3. i did
      4. i did. but not every inch like them.
      5. ok
      6. they started communicated 5 days after we left the property and the REA wanted me to go to property and clean again but by the tie she told it, our cleanrer's 7 day warranty was finished.

      it is with Fair trade

  • +2

    Your profile says Sydney, so I'll go with NSW law. You'll want to apply to NSW Fair Trading to get your bond back ASAP. You're on the clock. If they're being dodgy and they haven't already got the money back, they very well may no dispute your claim. If they didn't deposit the bond with the government, they might be in more trouble and the REA wouldn't want to risk losing his license. Lots of people don't get their bond back, but half the trouble is knowing how to handle it.


    https://nsw.gov.au/life-events/living-nsw/renting-a-property…

    If there’s a disagreement about the bond

    You can submit a claim with NSW Fair Trading to get your bond back, even if you and the landlord or agent disagree.

    You’ll receive payment 14 days after your claim if the landlord or agent does not dispute it.

    If they do dispute your claim, they’ll have to apply to the NSW Civil and Administrative Tribunal within 14 days. The tribunal will then decide how the bond will be paid.


    If you disagree with a claim against the bond

    If the landlord or agent makes a claim for all or part of the bond without your agreement, they have 7 days to provide you with:

    a copy of the condition report that was completed at the end of your lease
    copies of any estimate quotes, invoices or receipts for the work they’re claiming
    You’ll also receive written notice from NSW Fair Trading. If you want to dispute the claim before it's paid, you’ll need to:

    apply to the NSW Civil and Administrative Tribunal within 14 days for an order that all or part of the bond will be paid to you, using the rental bond application form
    let NSW Fair Trading know in writing that you’ve submitted an application to the tribunal
    The tribunal will then decide how the bond will be paid.

    If the claim for bond from the landlord or agent has already been paid, you have 6 months to apply to the NSW Civil and Administrative Tribunal for a full or partial bond refund.


    https://ncat.nsw.gov.au/ncat/case-types/housing-and-property…

  • -2

    Or you could be a really shit tenant and trashed the place
    Who knows

    • +2

      nah i am a good tennant. i got the full refund in my previous 3 rental property. this is the first time i am facing this problem.

  • +1

    In regards to blinds and maintenance, I'm not sure about nsw but in Vic I know that agents have to do inspections and raise issues as they come. The 2.5 years works in your favour that they haven't done their task to ensure that the place was well maintained. Been to vcat before myself for a bond issue and got everything back. Just have all your evidence prepared and be organised and clear. Also in vic atleast, you need to be given the opportunity to return to fix any cleaning issues. If not offered that opportunity and instead just charge you for cleaning, this won't hold up. What's wrong with the blinds anyway for them to need to be replaced? Is it 1 blind or all of? Physical damage or mechanism etc?

  • +5

    Just shocked about the $850 end of lease clean… My personal strategy is only getting an end of lease clean from the cleaners the REA recommends so that they can't tell me that it wasn't good enough.

  • I lived somewhere for 7 years, my cats destroyed the ends of the blinds and parts of the carpet. The RE didn’t say anything about it, but charged me for some dust on the power outlet…

  • You will definitely not have to pay the $110. They need to give you the chance to fix whatever the problems were. You could have asked the cleaning company you hired to go back and fix the problems listed or gone back yourself to fix them.

  • 100% guaranteed way to get bond back:

    • Lodge your claim immediately with the rental bonds board.

    Every single real estate is too lazy to file a counter claim so you'll get your bond back by default.

    It's really that easy.

  • +1

    Reminds me of Mr Monk staying at a hotel and getting the whole room cleaned by a team of cleaners. He used a UV light and wasn't impressed by the bodily fluids…
    At any rate, sounds like you're ok if you kept evidence outgoing. Always do this when returning any rental item, car, trailer, and especially house.

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