Cat and mouse

Hi guys, while I appreciate that most of you are great landlords, I am sure that you would agree that not all tenants are bad, and not all landlords are good, so would appreciate any input without viewing me as 'on the dark side'.

I moved out of a property 4 weeks ago, and the landlord still hasn't signed a bond form. I haven't made a claim either.

Apparently some paintwork needs touching up, and the new tenant won't allow the handyman to quote on the work, and therefore the landlord cannot submit a deduction claim. I do not believe that the work merits a deduction from my bond as the walls are off-white and there are some scuff marks which constitute 'wear and tear'.

I believe that the landlord may be waiting for me to make a claim, so that they can make a decision on boosting the quote with a view that any tribunal may decided to settle half way (leaving me unjustly out of pocket).

My question is how to play this, as the landlord is not open to quotes. I am happy to pay him some but realize that this would alter the halfway mark - hence me not wishing to claim my bond now.


Any thoughts would be greatly appreciated!

Cheers
 
I agree with Marg. Get your claim in first. Claim the whole bond back. Wear and tear is expected and the landlord would have trouble (in my opinion) getting anything from you.

Get your claim in first, and let the landlord fight for something. If you let him get his claim in first, you have to fight to justify yourself. (At least that is how it is in Qld.)

Did I mention to get your claim form in FIRST :D.
 
I agree with Marg. Get your claim in first. Claim the whole bond back. Wear and tear is expected and the landlord would have trouble (in my opinion) getting anything from you.

Get your claim in first, and let the landlord fight for something. If you let him get his claim in first, you have to fight to justify yourself. (At least that is how it is in Qld.)

Did I mention to get your claim form in FIRST :D.

Thanks for the responses guys, but doesn't a landlord getting a quote count as proof? I am happy to pay a fair amount, but am deeply suspicious of the agent/landlord's lack of urgency.

I forgot to mention that some of the claim is for roller marks. These were done by a painter who painted after we moved in and are not an exact match in colour. Therefore they are not on the inspection report.
 
Thanks for the responses guys, but doesn't a landlord getting a quote count as proof?

Not in my eyes. We just had tenants leave and there are a few bits of paint missing on skirting boards, door edges etc. We chose not to pursue this as it is fair wear and tear. Getting a quote to touch them up would still require us to lodge the bond claim form. If the tenant said "no way, I'm not signing that" we would have to lodge it without his signature, and leave it to the RTA to decide.

I am happy to pay a fair amount, but am deeply suspicious of the agent/landlord's lack of urgency.

Unless you have left the house looking a mess, I would get that form in and let the landlord fight for what he thinks he is owed.

I forgot to mention that some of the claim is for roller marks. These were done by a painter who painted after we moved in and are not an exact match in colour. Therefore they are not on the inspection report.

This puts another light on the issue. How obvious are these roller marks? How would you (honestly) feel about it if you were the landlord? If you are happy that you would refund the bond knowing how it looks now, then claim to get your bond back.

If you think you have made the house look worse than if you had left it without trying to paint it, then consider what would be a fair price to repaint that wall (only one wall with roller marks?) and maybe fill out the form with a reduction for that amount. If the roller marks are not obvious, and the room doesn't need repainting and it is just the landlord being super-fussy, then still try to get all your bond back.

We cannot see the roller marks, so only you know whether or not you would be happy with how you have left it if you were the landlord.

You could still claim your bond and let him claim for what he thinks is fair. Do you have photos of this wall and I'm curious to know why you had it repainted after you moved in?
 
Ignore the landlord/agent.

Contact the Bond Authority and ask for your bond.

I believe the landlord just has a window to access your bond and yours might be too late.

But call them up and find out where you stand.
 
This puts another light on the issue. How obvious are these roller marks? How would you (honestly) feel about it if you were the landlord? If you are happy that you would refund the bond knowing how it looks now, then claim to get your bond back.

If you think you have made the house look worse than if you had left it without trying to paint it, then consider what would be a fair price to repaint that wall (only one wall with roller marks?) and maybe fill out the form with a reduction for that amount. If the roller marks are not obvious, and the room doesn't need repainting and it is just the landlord being super-fussy, then still try to get all your bond back.

We cannot see the roller marks, so only you know whether or not you would be happy with how you have left it if you were the landlord.

You could still claim your bond and let him claim for what he thinks is fair. Do you have photos of this wall and I'm curious to know why you had it repainted after you moved in?

Hi Wylie, thanks for the reply.

I didn't have the wall repainted. It was the landlord/agent who had it done for marks left by the previous tenant. When I moved in, I was told that a painter would be around to touch up the walls. As he didn't have the exact colour (was some young lad who was a relative of one of the agents), the roller marks show. Obviously, it goes without saying, that this isn't on the incoming inspection report.
 
Ignore the landlord/agent.

Contact the Bond Authority and ask for your bond.

I believe the landlord just has a window to access your bond and yours might be too late.

But call them up and find out where you stand.

Hi Simon, I am very intrigued by this. I am in NSW.
 
Then I'd definitely claim back NOW. Get the form in tomorrow and claim the whole bond.

Landlords who do this give all of us a bad name :mad:.
 
I might not be quite right, I knew they had 14 days but it is 14 days to respond to your demand for the bond.

Read this from the NSW Fair Trading Website.

Claiming the bond back
At the end of the tenancy, after the final inspection, a Claim for Refund of Bond Money form must be submitted to Fair Trading before the bond money can be refunded. You should not sign the form if it is blank or incomplete. The landlord or agent may want to claim some or all of the bond for themselves if they believe you have damaged the premises, breached your agreement or owe rent.

Any disagreement over how the bond is to be refunded should first be discussed between the parties. If agreement cannot be reached, either party may send a Claim for refund of bond money form to NSW Fair Trading without the signature of the other party. The bond will not be paid out straight away. A letter will be sent to the other party advising them of the claim and giving them 14 days to apply to the Consumer, Trader and Tenancy Tribunal to dispute the claim. If no reply is received within 14 days the bond will then be paid out. Tell Fair Trading your new address so we can advise you if the landlord claims your bond.

No matter who applies to the Tribunal, it is always up to the landlord to prove any claim on the bond.

If you have any questions about rental bonds, or the progress of your bond refund, call Fair Trading on 13 32 20.
 
Then I'd definitely claim back NOW. Get the form in tomorrow and claim the whole bond.

Landlords who do this give all of us a bad name :mad:.

Thanks Wylie. I hope I'm not too late.

On a side note, I lived one of 5 villas, the closest to the road. Throughout the tenancy, I received written requests to mow the nature strip. I always used to say "Why isn't there a body corporate, and why do the other villas not have to mow it?" I was told, because I am at the front and it is part of my contract. I have these requests in writing. Mowing the nature strip is not part of my contact.

To avoid hassle, and to be a good tenant, I grudgingly obliged. I am just wondering whether I can bill the agent now for 18 months of garden service, and also whether it is worth bringing this up in a tribunal should it go this far?
 
Thanks Wylie. I hope I'm not too late.

On a side note, I lived one of 5 villas, the closest to the road. Throughout the tenancy, I received written requests to mow the nature strip. I always used to say "Why isn't there a body corporate, and why do the other villas not have to mow it?" I was told, because I am at the front and it is part of my contract. I have these requests in writing. Mowing the nature strip is not part of my contact.

To avoid hassle, and to be a good tenant, I grudgingly obliged. I am just wondering whether I can bill the agent now for 18 months of garden service, and also whether it is worth bringing this up in a tribunal should it go this far?

At some point you need to just move on.

Dwelling on negatives just stops you from reaching your full potential.
 
Agree with all the others.

We have had this issue when vacating the last property we rented (so glad we don't rent anymore). Our LL was a pain in the backside the entire time we rented, and went through 3 different pm in the 2.5yrs we lived there - all of the pm's dumped him as a client.

Anyhoo.... claim your bond back, and if you have anymore problems give your local tenants advocacy service a ring - they will be able to direct you on what to do and help represent you at tribunnal if it comes to that (they are a free service).

good luck.
 
Agree with all the others.

We have had this issue when vacating the last property we rented (so glad we don't rent anymore). Our LL was a pain in the backside the entire time we rented, and went through 3 different pm in the 2.5yrs we lived there - all of the pm's dumped him as a client.

Anyhoo.... claim your bond back, and if you have anymore problems give your local tenants advocacy service a ring - they will be able to direct you on what to do and help represent you at tribunnal if it comes to that (they are a free service).

good luck.
 
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