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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5595
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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QLD RTA Tenancy claim, we leased, lessor wants BOND OF $1520

Customer Question

QLD RTA Tenancy claim for bond, we leased, lessor wants BOND OF $1520 backafter 7 years, we agree to release bond however we want an undertaking from the lessor that this is the only claim he will make .Under QLD law we cannot use a solicitor as a tenant and have to follow RTA process, however the lessor has not indicated in his claim for bond that he lodged, that he is satisfied with the bond release and may continue in our opinion making claims.
We have a counter( do we ?) claim in 2013, we advised the lessors agent "Gem Property People" that we had significant movement in the homes, footings being a slab and that the home had separated to a point that water could get in and windows and doors were not square. We also advised and followed up week after week through the agent the fact the home could not be secured as the rear sliding glass doors could not be locked due to the movement.
The agent went into liquidation, and the owner also associated to Gem in liquidation took over the management of the home, he failed to conduct regular inspections and also ignored our requests for the security to be maintained as the doors could not be secured and anyone could enter. In June 2015 we were robbed of two ounces of gold and three pearls (we have a police report) Value of about $2,000 in Old gold etc also an Audi A1 was stolen from keys obtained from walking in at 5.30am and taking handbags and wallets keys etc. The owner never rectified the situation to this day. Do we have a civil claim directly at the owner for the latter.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Issue is, it would be accepted by a court that you should have had insurance for the belongings and you too were negligent if you did not have insurance as you clearly knew of the issues with security in the home.Many matters like this come into court / tribunal and the judgement is almost always that the tenant just should have had insurance and should not just rely upon the landlord.Please rate my service and click accept. I am able to answer further questions after accepting also.