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My wife and I recently moved out of a rental property. At…

Good morning My wife and I...
Good morning
My wife and I recently moved out of a rental property. At the beginning of the tenancy I took down two shelves in the garage to enable the installation of my own free standing shelf unit. The intent was to reinstall the owners shelves prior to the end of the tenancy.
After moving in we found that the owner had left numerous items in the garage, benches, shelves, tools, etc and we asked for these to be removed as nothing had been mentioned prior to occupying the premises about storing the owners property. Three months after we moved in the owner attended the premises and removed their property and also took them two shelves that I had taken down. I asked the owner to leave the shelves so that they could be reinstalled and he said just to repair the holes, all of this was documented and sent to the agent.
We moved out on 29Jan18 and the final inspection was on the 30th, we had paid $630 for professional cleaning and we left the premises in a considerably better state than when we moved in two years earlier.
The agent emailed us on the 30th and advised that the owner was very pleased with the statement thempremises with the exception of the garage wall, which he wanted repairs and painted and this was to be completed by the 31st, I had patched and sanded the holes as requested and refused, subsequently a claim was submitted for our bond. The claim was for our entire bond but has been reduced to $264, we disputed themclaim and had a reconcilation meeting via the RTA this week, the agent did not attend and I was advised by the RTA that the owner did not seem that point of the meeting as he will never back down, he wants his money. I have a document dated 10Jan16 that details the agreement between the owner and ourselves and a considerable number of email where the owner and agent have acted upon that document and completed other maintenance at the property, in my opinion we had a contract. The matter now needs to go to QCAT for andecision or alternatively the lady at the RTA has provide us time until Monday morning to simply give in. We are not unreasonable people but we feel that we are in the right in this instance, but is $264 worth fighting over simply on principle. The owner is a bully and the previous tenant was made to pay for new carpeting. The wall in question was filthy when we moved in, had holes and gouges near the skirting, footprints on the wall, I removed less than 12 screws (which I still have) and patched over 25 holes in the wall that the owner made, I could not reinstall the shelves as the owner made that impossible by removing the shelves from the premises. We could miss some advice on which way to proceed please.
Look forward to hearing from you.
Make Cahill
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Answered in 43 minutes by:
3/9/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,961
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Morning

I will assume that all the discussions about the shelves were verbal and not in writing.

Had you done the inspection with the agent before occupation and also when you left?

If the premises ins in the same state and condition or better than when you took possession you are entitled to your money back.

I understand your position and for $264.00 the time and effort to go the QCT may not be worth it because you will not get an order for costs when you win.

I would suggest that you make one final attempt to settle and offer him something. If he refuses then you gave to really consider if you wish to take the matter to QCAT and spend time over $264.00. To use a lawyer I would say that is not worth it as you will spend more than he wants and you will not be able to record the costs.

Alternatively if he wants it painted you can offer to paint it and keep the money. The cost of this may be less.

I personally would not take it to QCAT as the stress and time is not worth it.

But I can understand if you want to take him to QCAT on principle you have that right and the law is on your side and you will succeed.

But consider the time and effort and what that is worth to you.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 5 months ago
Thank you for the response, the discussion regarding the shelves was in writing and I also forwarded a copy to the agent via email. We were not permitted to attend either inspection, the entry inspection was conducted prior to our entry date and the final after our departure and the agent advised that we could not attend the final as the owner did not want us around during his inspection. The information that you have provided just confirms what we already suspected from our discussion and research with the RTA
Customer reply replied 5 months ago
In regards ***** ***** painting side of things, I could do that I have considerable experience, but he could still say it is not good enough and demand the $264 anyway

Good Morning

You are in a hard position because the law is on your side but do you spend the time and effort to fight them.

I suggest you make a final offer and mark it "Without Prejudice" so it is not seen as an admission and you set out what happened and attach the emails

You conform the law that you only have to leave the place in the same state and condition as before and the landlord is refusing to return the shelves so you can re-install them.

But you offer an amount that you are happy for the shelves to be reinstalled as that is all that is required but you also confirm that you were told to only fill and you have done it.

Make the letter strong enough to make thin rethink what he is doing.

If he refuses then you have to consider your options.

Also get a quote form a painter as to what it will cost to paint. If it is less than what he is asking for then question his amount.

I am sorry but this is all I can offer.

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Good Afternoon

Do you have any further questions?

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Customer reply replied 5 months ago
HI Leon, apologies for not getting back to you sooner, but I am also trying to move while going through this matter. My only concern is the fact that you are in NSW not QLD, how different is the RTA legislation between the States? Is your advice valid in QLD?

Good Afternoon

The laws are the same in all states.

The Residential Tenancies and Rooming Accommodation Act 2008 in QLD is similar to the Act in NSW

You also have a report that is finalised and accepted and you have the right to the full amount back.

Here is a link from the RTA

https://www.rta.qld.gov.au/Renting/Ending-a-tenancy/Exit-condition-report

The fact the Landlord is being nasty and wants it in a better state that when you moved in is causing the issue and you will not have to pay for that but the question for your is whether you want to spend the money on principle.

If you have found my further answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,961
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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