Hi all,
Need some advise or your opinion please!
We have a tenant in one of our properties for 2 years, he has been paying on time ... and that is really the only good thing but did everything that may skim the 'illegal' side of things.
Just a year ago, there was a building crack, so we had to get access into the property which the tenant did not want, he didn't want to let anyone in to inspect and repair. On another day he broke the light switch and wanted us to repair it, he did not let our electrician in and got his own which billed us $150 when we could of replaced it for $10. (and was replaced again after being kicked out)
So half a year has gone past and we really needed to get the crack on the walls fixed, so it was time to give notice to vacate the tenant since he did not want anyone in. After the notice period, he did not budge and we realised he has become quite a nuisance tenant with neighbours complaining about police going over to the unit for some reason and wouldn't let anyone in.
So it was time to raise the rent which apparently releases the notice to vacate, so we sent another notice and waited for another 3 months. so total 6 months trying to get him out and we finally went to tribunal because I want to get the crack fixed as it poses a danger to themselves too.
Tribunal gave him 30 days to move out, on the very last week without notice, he left on a friday leaving us no tenants - and it has been 5 weeks trying to repair and chase up on bond.
Now he left the property in a pretty bad condition, with broken swipe card, stained flooring and uncleanable stained toilet bowl, missing flyscreens, dirty marks all over and every wall which end up needing entire repaint on a 2bedder 2 toilets, replace toilet bowls, replace vanity, replace with new carpets - ( but no obvious malicious damage). We wanted to claim the bond but agent decided not to because it would be too complicated and they charged a lot to go tribunal again to dispute.
So we now realised the agent had no intention of helping us, left us with a bad tenant and don't want to claim for us.
I hesitantly changed to another agent who went and submitted the bond claim straight away on the 10th of September and now it has been 2 weeks I called up fairtrading to find out the bond was released last Friday by the original agent (17?18th? September) back to the tenant!
So I am not only out of pocket by $2500+ we wasted 3 weeks getting repairs and cleaning and pretty much redo the entire property because of how dirty and unlivable it would be.
Can I get compensation back if I chased back this bond money? and how hard or easy is it to do so? Would court favor moreso the tenants still?
Apparently on the condition report first signed we were not notified of what was written on the report, this was our first property and don't know all these things. now agent who don't want to help us said all these are wear and tear, but to the repairers/renderer and the new agents and it is very obvious that is not fair wear and tear and repair needed to be done. If it says "dirty" it doesnt give tenant to make it even more dirtier to a degree that it cant be washed! Damaged swipe cards, stained walls, broken lights and fixtures including the oven.
I have pictures but can only say so much, this has been really unfair to us and we just want some money back to pay for the damages they caused, but seems like its one of those 'too bad' situations?
Thanks in adv
-D
Need some advise or your opinion please!
We have a tenant in one of our properties for 2 years, he has been paying on time ... and that is really the only good thing but did everything that may skim the 'illegal' side of things.
Just a year ago, there was a building crack, so we had to get access into the property which the tenant did not want, he didn't want to let anyone in to inspect and repair. On another day he broke the light switch and wanted us to repair it, he did not let our electrician in and got his own which billed us $150 when we could of replaced it for $10. (and was replaced again after being kicked out)
So half a year has gone past and we really needed to get the crack on the walls fixed, so it was time to give notice to vacate the tenant since he did not want anyone in. After the notice period, he did not budge and we realised he has become quite a nuisance tenant with neighbours complaining about police going over to the unit for some reason and wouldn't let anyone in.
So it was time to raise the rent which apparently releases the notice to vacate, so we sent another notice and waited for another 3 months. so total 6 months trying to get him out and we finally went to tribunal because I want to get the crack fixed as it poses a danger to themselves too.
Tribunal gave him 30 days to move out, on the very last week without notice, he left on a friday leaving us no tenants - and it has been 5 weeks trying to repair and chase up on bond.
Now he left the property in a pretty bad condition, with broken swipe card, stained flooring and uncleanable stained toilet bowl, missing flyscreens, dirty marks all over and every wall which end up needing entire repaint on a 2bedder 2 toilets, replace toilet bowls, replace vanity, replace with new carpets - ( but no obvious malicious damage). We wanted to claim the bond but agent decided not to because it would be too complicated and they charged a lot to go tribunal again to dispute.
So we now realised the agent had no intention of helping us, left us with a bad tenant and don't want to claim for us.
I hesitantly changed to another agent who went and submitted the bond claim straight away on the 10th of September and now it has been 2 weeks I called up fairtrading to find out the bond was released last Friday by the original agent (17?18th? September) back to the tenant!
So I am not only out of pocket by $2500+ we wasted 3 weeks getting repairs and cleaning and pretty much redo the entire property because of how dirty and unlivable it would be.
Can I get compensation back if I chased back this bond money? and how hard or easy is it to do so? Would court favor moreso the tenants still?
Apparently on the condition report first signed we were not notified of what was written on the report, this was our first property and don't know all these things. now agent who don't want to help us said all these are wear and tear, but to the repairers/renderer and the new agents and it is very obvious that is not fair wear and tear and repair needed to be done. If it says "dirty" it doesnt give tenant to make it even more dirtier to a degree that it cant be washed! Damaged swipe cards, stained walls, broken lights and fixtures including the oven.
I have pictures but can only say so much, this has been really unfair to us and we just want some money back to pay for the damages they caused, but seems like its one of those 'too bad' situations?
Thanks in adv
-D