Return of Bond

[elaine&andystokes]

Hi,

Wondering if anyone can help. Still waiting for return of bond over 2 months after vacating property. Well known agency (won't mention names but changed names during period of tenancy). Landlord did initial clean prior to us occupying so was "clean" but far from perfect. Prior to departure, we cleaned the place from top to bottom, paid for steam cleaning of carpets, window cleaning & a further $350 on exit clean (as well as spending hours upon hours scrubbing everything from lightswitches to skirting). Moved back to UK early July. Final inspection second week of July. Hectic with relocation so end of July contacted agent and we were informed that they had several issues - landlord overseas for a further month so could not be resolved until their return. Contacted agent again at end of August and were advised that they wish to deduct in excess of $2,500!! Really feel like we have been done over. Some of the deductions are totally unreasonable - e.g. $703.20 for dying plants when landlord was responsible for gardening, $858 for handyman to paint chips etc. (whatever happened to fair wear & tear? We did actually live there for two and a half years and pay exorbitant rent!). Doesn't help that we are now in the UK so difficult to deal with agent / landlord. Always had a good relationship with landlord and never caused any problems as tenants Has anyone else had experience of this problem? Would like to get our bond back. Not overly concerned re references as now thankfully back in our own home. Need to get our bond back though. Can anyone with a similar experience advise on the best way to proceed? Not sure of our legal rights. All help appreciated.

cheers

Elaine

[Tamara (Homes Down Under)]

Hi Elaine,

Sorry to hear about all the issues that you are having.

Was this a new build or an older house?

With new builds the paint is usually a flat finish (OH works in a paint store and deals with this every day) as this hides all the imperfections but is impossible to clean. It doesn't do tenants any favours to keep the place clean! It's a really good idea to ask the agent for details of the paint colour / brand / sheen level so that tenants can repair any marks.

For recourse there is a tribunal through the office of Consumer and Business Affairs.

Their contact details are:

http://www.cbs.sa.gov.au/wcm/

 

Do you have photographs of the garden and interior walls on the date that you moved in? Did your lease state that you were responsible for watering plants?

I am presently renting a place myself and have taken hundreds of pictures and documented every fault / imperfection with the property. My lease provides me with the first 80 kl of water free of charge and the agent has taken plenty of pictures! If we have a heat wave during my tenancy that 80 kl isn't going to go very far with the size of this garden!

If you have pictures when you moved in...and when you moved out it will really help.

Best of luck...

[cliffy]

You need to apply to Consumer Affairs, link in Tamara's post, for return of your bond.

You can then explain to the tribunal what you did and provide receipts, etc and they will decide how much if there is a dispute. The real estate agent does not hold the bond, Consumer Affairs do, and the real estate agent has to also prove why they think they are entitled to keep funds.