Concerns about getting bond back

[Tone]

Hi Guys,

Long story short.

I moved into an apartment sharing with one other.

My name is not on the original lease, but half of the bond was transferred into my name.

There was never a condition report done. I signed on as a registered tenant.

Currently im in a position where iam paying directly to my other housemate (2nd tenent).

My concern is he is having financial problems and is struggling to meet rent and other bills.

On top of that because a condition report was never done when i moved in, im likely going to be liable for any damage that may be discovered on the final inspection.

What can i do?

What i predict is going to happen is this:

Housemate will not be able to pay outstanding balance of rent up until the end of the lease, and will flee the country.

Because of this, the bond will not be released.

true?

Can i perhaps argue that the agency never performed a condition report when i moved into he property and registered as a tenant?

I just want to ensure i get my bond back.

cheers

 

[Scott No Mates]

Not much can be done, your flat (broke) mate is liable for the rent, the owner has a bond which will be used to make up some of the shortfall. If he doesn't pay up, you lose your portion of the bond too.

(I won't suggest that you fail to pay the last 2 weeks rent or equivalent amount as the bond as it may go against you if you seek to rent elsewhere).

 

[jkat]

The other thing that you may be able to do is contact the real estate agent and arrange to pay the rent directly to them rather than your flat mate -- this way at least you know it's going to the right place.

A friend of mine was recently in a similar situation (and her flat mate did flee the country with 1000's in outstanding rent). She contacted the agency and was able to negotiate with the landlord to stay on and not be held responsible because there was a history of her rent always being on time as she was paying directly to the agency.

 

[Lil Skater]

As Scott said.

I'm assuming you're in Vic as that's what it says.. it's actually illegal to take a bond without a condition report.

And to add here a tenancy agreement doesn't have to be in writing for it to binding, and as joint tenants you are both solely liable to ALL the rent. So if your housemate doesn't pay, you will have to.

 

[Tone]

As Scott said.

I'm assuming you're in Vic as that's what it says.. it's actually illegal to take a bond without a condition report.

^^^ This will be my leverage.

If i get rooted on the bond, ill throw this back at the agency.

 

[Lil Skater]

^^^ This will be my leverage.

If i get rooted on the bond, ill throw this back at the agency.

I'd probably make sure there is actually no condition report first

 

[Tone]

Ok this is where it gets interesting.

There is a condition report on file with the agency.

The signatories on this report have dated it in advance (the end date of the lease) which is fraud.

 

[Lil Skater]

Hmm that's odd..

To be honest I'm not sure what to do with that without specifics and actually seeing the report as there's no standard form.

You wouldn't ever date the report in advance, as you need that for your final inspection too.

If I were you, I'd get out before being liable for all the rent (if your housemate does fall into arrears). You won't get your bond back from the agent, you'll have to sort that out with your housemate but your name can be removed.

 

[Tone]

So basically the originals tenants on the lease signed a condition report dated for the end date of the lease.

I have raised this concern with the agent, and their response was "oh, thats not right"

I have also requested on several occasions that the agency perform a condition report, as one was never done when i moved into the property as a new tenant half way through the lease.

They have still not performed a condition report, and basically said you need to sort this out with your flatmate (other tenant)

 

[Tone]

When **** hits the fan at the end of the lease and i don't get all my bond back this agencies office is going to get ransacked.

 

[Lil Skater]

They should've had you sign a waiver, that you agree to the original condition report.

The risk you take on when moving into a property with a flat mate is that they may damage the property, not pay the rent and leave you worse off in the end.

If you are concerned about your bond, move out and have your flat mate pay you back your part bond and sign the transfer over to him.

 

[skater]

When **** hits the fan at the end of the lease and i don't get all my bond back this agencies office is going to get ransacked.

I was kinda feeling sorry for you, until I read this.

Look, to be perfectly honest, I would be listening to Lil Sk8r. She knows her stuff and is a kick ar$e property manager. I sure as hell wouldn't be doing anything either dodgy or illegal.