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Hi, I am having some issues with my former tenants who have…

Customer Question

Hi, I am having some...

Hi, I am having some issues with my former tenants who have vacated the property with rental arrears and outstanding water account. There is also the issue of cleaning the bathroom ceiling which was left with brown water marks on it and damage to the laundry wall which needs patching and the wall repainting. The entire house had been completely renovated (just finished) as they moved in.

At the start of the Tenancy I completed the property condition report, gave it to them to sign and return, they did return it but had not signed it.

They gave notice to vacate, but did not leave for a further 2 days, I had organised to meet with Real Estate Agents regarding the property on the day they left, neither myself or my husband were able to meet with them to complete a final inspection. I inspected the property with the Real Estate Agent, after she left I completed the property report and placed it in the tenants letter box two days later with a note requesting instructions regarding the issues I had with the property. I did not receive a response from her.

As the tenant had advised my husband that we would have to take the outstanding rent out of the bond we were forced to wait until the water bill for the period was sent out. Three days after I received it I completed the bond form with costs of rental arrears, water charges and repairs/cleaning costs. The following week she advised me via text message and also written correspondence that she had lodged the bond form with a NIL owing to the Landlord, she advised that she would pay the outstanding rent and water account but did not believe that she should pay for the damage/cleaning of the property as it was what she considered normal wear and tear.

I intend to take this matter to the CTT, however I am concerned that because she did not sign her copy of the Condition report at the begining of the Tenancy and as we did not conduct a final inspection together this might not be heard in my favor.

Could you please advise?

Kind regards

Jo

Submitted: 8 years ago.Category: Australia Law

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Answered in 7 hours by:

11/21/2013

Solicitor: Leon, Solicitor replied 8 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,626

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Morning

My name is Leon and I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.

Cant he agent confirm the state of the premises at occupation and on vacation?

Customer reply replied 8 years ago

Hi Leon,

I was managing the tenancy, these were the first tenants to occupy the property since it had undergone complete renovation. I have photos of the property taken just before they moved in.

I am now having it managed by an Agent, who, I'm sure would be able to verify the condition of the property at the end of their lease.

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning

If you have photos of the premises before and after this will assist you.

Also you should contact the Department of Fair trading and find out of the bond has been released. If not you should refuse its release on the basis of the issues and advise they changed the form.

Do you have the confirmation that they will pay in writing?

Customer reply replied 8 years ago

Hi Leon

I have already contacted Fair Traiding, the bond has not been released, the Tenants have lodged the Bond form and want me to agree to giving them 100% of the bond back, they have stated they will pay the rental arrears and water account, but not the damage to the laundry wall or wash bathroom ceiling as the believe it is normal wear and tear.

They did not sign the condition report at the begining of the lease (I do have photos) or do a walk through inspection with me at the end, will this result in my not winning costs at the CTTT hearing?

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning

All you can do it try.

You will have to go to the CTT because I can assure you they will not pay the rent or the water.

You should not have agreed to the bond being released to them but it is too late now.

They knew what they were doing and they have now managed to get all the bond and put you in a position where you will have to sue for the balance of the rent.

In your application you set out the history of what happened and attache the photos.

Also provide details of all correspondence by email between you and them. Get a report on what it will cost to repair the place and also confirming what caused the damage. You ned to show they did it.

If they are not responsible for it you cannot claim. If the damage is caused by poor ventilation in the bathroom that is not their fault.

Does this make sense?

Customer reply replied 8 years ago

Thanks Leon,

I have not agreed to pay the bond back to them, they have lodge it with the Bond Dept and are wanting me to sign and agree to this, they have not denied the repair issues rather just stated that they should not pay as it is normal wear and tear.

thanks

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning

You said the bond was released. Is this correct? In order for that to happen you have signed for it to be released.

You need to get a report that it is not fair wear and tear.

This is an issue and this is why I said you have to show they caused the damage.

Customer reply replied 8 years ago

Sorry for the misunderstanding, no the bond has not been released, they have lodged the form with the bond board and have requested that I sign it allowing them 100% refund of the bond. I will not sign it, but have been advised that will need to take the matter to the CTTT, my question was more about if I would win the damage costs as they did not return the signed property report at the begining of the lease and we did not do a walk through inspection together of the property at the end of the lease, rather I completed the report with a note on it asking for instructions on how they wish to proceed regarding the damages and placed it in their new letter box the next day, I have a witness to this?

They have not denied the damages, but are claiming they are normal wear and tear. The bathroom was completely brand new with a vent and IXL tastic installed. The damage to the laundry wall was a chip to the plaster board about the size of a 50c piece. There were other chips etc to the paint work and a couple of other things that we have not charged for as we believe they do come under normal wear and tear, but feel the laundry wall and bathroom ceiling don't,

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning Jo

You don't sign it you take the matter to the CTTT and ask for the rent etc to be paid out of the bond.

It is your word against theirs about the damage and you have the photos.

You have nothing to lose but taking this further. You need to work out what it will cost to repair the damage. If the report says it is fair wear and tear you cannot claim it but you have to have someone assess it and cost it.

A chip in the plasterboard may not be claimable but a hole in the all is damage and claimable.

You have to take it further.

I hope this is of assistance. Is there anything else I can assist you with?

Customer reply replied 8 years ago

Excellent Service, thanks Leon.

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning Jo

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

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