Landlord trying to relieve us off our rental bond

This is a longish rant, so please bear with me :)

Our ex-landlord did an inspection over the weekend and has back with a loooong laundry list through their RE agent. Bear in mind that the owners and the agent had only done a thorough inspection in the first week of Feb and never complained even once about what is now contained in their laundry list.

Right, so we did everything by the book before leaving. Even had the carpets steam cleaned. Cleaned the tiles, wiped the cupboards etc etc. Mowed the lawns. Some weeds still remain. Some trees/shrubs are over grown. The state of tidiness is much better than at the start of tenancy and I have photos taken at the start of tenancy to prove this. Most of the items (scuff marks, torn drapes etc) were there from before, e.g. dusty drawers, cobwebs, weeds and fortunately I took several photos (some of which were emailed to the agent) to show the general state of untidiness at the start of our tenancy.

Now the condition report was due to be returned to the agent on 6/04/2011, however because there was no electricity, we completed the inspection only on 07/04 and sent it by email along with our photos on the morning of 07/04/2011. The agent replied saying she could not accept the report as it was a day late! In any case the condition and photos are documented on email.

Whilst I should be able to prove the scuffs and torn drapes easily, the toilet seats are discoloured (yellowish) due to age and obviously not pristine white. They are clean, just yellowish with age (about 12-15 years old with over a dozen tenants)

A part of the owners report [cut and pasted] reads as follows:

Carpet a few bits of debris on carpet. (the carpets were steam cleaned!!)
Skirting boards all dusty.
Dusty window sills
Wardrobes have bits of debris on floor and shelves not wiped properly (these were wiped!!).
Cleaning rag beside spa bath
Venetian blinds dusty (photos to prove they were bent and dusty when we moved in)
Vanity needs wiping out Scrap of paper inside. (have been wiped!!)
Counter top not properly wiped Bit sticky. (Have been wiped, used the lavender germ killer stuff, so probably a bit sticky in places?)
Some debris on floor where 'fridge resided
Cupboard shelves not wiped or poorly wiped.

Tiny grains of debris in drawers. (Tiny grains??? This is funny, as I have photos to show just how filthy they were when we moved in)

We have removed the weeds however garden not completely weed free. But I have some photos to show that there were weeds even at the start of the tenancy, although I haven't photographed every corner of the garden.

The agent/owners wants to get it "thoroughly cleaned professionally" and will deduct the money from our bond.

Can they deduct money from the bond for 'dusty' window sills, skirting boards, over grown shrubs (they were trimmed but I guess I was scared of cutting it off too much) etc?

I will be sending them an email along with the photos.

Here are some (we have over 150!) pictures taken at the start of our tenancy to give you an idea of what the place looked like before, during and at the end of our tenancy.

http://www.flickr.com/photos/70172205@N02/sets/

So what happens next? Will they rip me off and try to get the house cleaned 'professionally' at my expense?? I am going to fight this tooth and nail as I truly believe that the house is much cleaner than it was before.

Any advice? What are my chances of losing some of my bond money?
 
Why don't you contact the PM and ask to go back and rectify the cleaning issues?

Next time, make sure you submit the inspection report in the proper timeline.(don't wait until the last day..something can always go wrong)
 
Need to hear the landlords side of this one. Did you have issues during the tenancy, or is this the first problem that has surfaced?
 
Why don't you contact the PM and ask to go back and rectify the cleaning issues?

Have you seen the Before and After pictures? There are NO cleaning issues. The place is tidier than before. One day late, doesn't matter as the pictures and issues have already been documented on email.

There were absolutely no issues during the tenancy. We left the place as we bought our own house. There were three inspections in total, the last one this Feb conducted by the agent along with the landlords and they were very happy with the way the property was maintained. So much so that they took photos of the interior and used them in their rental advert:rolleyes:

I will fight this at the tribunal and prove that the place is more than reasonably clean and tidy and in a better state than before. I'm not about to become their next victim to be ripped off.

Anyway, their karma is already biting them. They tried to increase the rent by 10%, had 4 OFI in the last 1 month, only a couple of peeps turned up and it has been vacant for a week already with no prospect of it being leased in the near future:cool:
 
Your only bit of evidence is the incoming condition report - were these items listed on the incoming report or did your response bring up more issues ie did it say everything was clean, tidy, in working condition, pristine, undamaged, new etc or did it note the mess etc?

By not returning the report on time, you are openly agreeing to it (even if you returned it late, you should have posted it as at least the delay could be explained).

How long were you in the house & can these items be fair wear and tear?

How long between leaving the house and the owner's inspection? Did the agent inspect upon you vacating?

Contact the PM in the first instance, and raise your objections, if you get no concessions then take it to fair trading.
 
Your only bit of evidence is the incoming condition report - were these items listed on the incoming report or did your response bring up more issues ie did it say everything was clean, tidy, in working condition, pristine, undamaged, new etc or did it note the mess etc?

By not returning the report on time, you are openly agreeing to it (even if you returned it late, you should have posted it as at least the delay could be explained).

How long were you in the house & can these items be fair wear and tear?

How long between leaving the house and the owner's inspection? Did the agent inspect upon you vacating?

Contact the PM in the first instance, and raise your objections, if you get no concessions then take it to fair trading.

We were in the house from 08/04/2011 until 31/03/2012. There is no wear and tear - the house is in a much tidier state than before. There is no question of a concession, I want my entire bond back. In any case I have all the photographic evidence showing just how filthy the place was in 2011 compared to when we moved out.

I never returned the report as she didn't accept it on account of it being a day late. So I sent my own findings by email along with photos in April 2011 at the start of our tenancy. She replied to this email requesting me to keep it for future reference.

We left the house on Saturday, owner inspected on Sunday. Agent did not inspect, this was done by the landlord.
 
In any case I have all the photographic evidence showing just how filthy the place was in 2011 compared to when we moved out.

There you go:) Mail the two sets of before and after photos to the agent. If the agent doesn't back off then off to VCAT (I think, not sure). Looking at those snaps there is virtually no chance of you losing any part of your bond.
 
Your only bit of evidence is the incoming condition report - were these items listed on the incoming report or did your response bring up more issues ie did it say everything was clean, tidy, in working condition, pristine, undamaged, new etc or did it note the mess etc?

By not returning the report on time, you are openly agreeing to it (even if you returned it late, you should have posted it as at least the delay could be explained).

How long were you in the house & can these items be fair wear and tear?

How long between leaving the house and the owner's inspection? Did the agent inspect upon you vacating?

Contact the PM in the first instance, and raise your objections, if you get no concessions then take it to fair trading.

That is what we state exactly in our leases. Very few tenants ever bother to fill it out.

I'm not disputing you didn't leave the place clean.
If you were to go back and address the minor concerns they are pointing put, it would take less than an hour..and be done with it.(wipe off sticky counter etc)

The inspection reports during the tenancy have no bearing on anything. It is the condition at conclusion.

Next time, have the PM sign off on the inspection report while you are there.


We'd be thrilled if a tenant left a place as clean as you did.
 
We had a slightly similar situation about 3 years ago in NSW. The house was filthy when hubby moved in. On moving out, 4 of us cleaned solidly for 2 days and the house was spotless. The REA was upset because 2 of the vertical blinds had broken. I had stored the broken pieces in a drawer but a well meaning friend had packed them away. I advised I would mail them as soon as we unpacked that box but this was not good enough for the REA. She was not returning our bond.

I downloaded a rental bond form and filled it out for return of the bond. It asked if we owed any monies, which we did of about $70 for water.

A couple of weeks later our bond was returned in full minus the $70.

Later on I found the blinds and mailed them back to the REA.

Could you ring the bond baord and see if you could do something similar?
 
By not returning the report on time, you are openly agreeing to it (even if you returned it late, you should have posted it as at least the delay could be explained).

By stating the electricity was not connected resulting in the email being sent a day late I would be a good enough excuse. Those marks in the photos did not happen overnight.
 
Thanks.

We were not aware that the power connection required 3-5 business days which is where I made a mistake.

In any case all the photos were taken on 03/04/2011, our stuff arrived from overseas and was delivered on 04/04/2011 (I have the Crown movers delivery receipt as proof) and we moved into the house on 08/04/2011 after power and gas were connected. We couldn't possibly have dirtied the place, put all those scuff marks in an empty house, torn and mended the drapes over a couple of days. Any sane individual will see through their bluff.

I've now found some of the windows there are now open, place has huge gaps between frame and outside doors through which dust can easily get into the house now. So I'm not about to clean it up for them again if it gets all dusty/dirty!

I have agreed to go and trim the (overgrown) shrubs and sweep the yard this Sunday.
 
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Now the condition report was due to be returned to the agent on 6/04/2011, however because there was no electricity, we completed the inspection only on 07/04 and sent it by email along with our photos on the morning of 07/04/2011. The agent replied saying she could not accept the report as it was a day late!

That would have been my que to be the most belligerent tenant they had ever encountered as a PM!
 
I would print out the most relevant pics from when you first moved in.

Then i would arrange to meet the landlord/agent at the premises and then you can do a direct, clear comparison.

And you can also do a quick wipe down while your there. Maybe bring someone with you to do it.
 
use the pics andy hope you win. but quite often what happens is that after you wipe dust settles back down on the wet surfaces and make them a little dirty again.

but what really annoys me with this stuff is that a tenant may lose part of their bond for these things, but they won't be reclined before the next tenant moves in. its like money for jam as far as the PMs are concerned as the landlord doesn't see a cent of it.

its just a scam as far as I'm concerned...and I'm a landlord.
 
its just a scam as far as I'm concerned...and I'm a landlord.

I don't intend being their next victim.

Against every allegation, I've prepared a response along with before and after pictures. Will be emailing it today and also asking for my bond to be returned in full failing which I will see them at the tribunal!
 
Need to hear the landlords side of this one. Did you have issues during the tenancy, or is this the first problem that has surfaced?

I agree with this post and the one from kathryn d.

If the condition was poor to start with why did you rent the place and even if you did so why didn't you ask the PM for rectification at the time? Frankly it does sound odd that you went to the trouble of taking all of those photos and you now say you were concerned but you didn't approach the PM at the time.

Yellow toilet seats - we recently replaced three seats in a near new house because the tenant had used a very strong and inappropriate cleaner that immediately yellowed the seats and caused minor cracking around the inside area. Not happy, Jane!

Stickiness from strong disinfectant left on surfaces? Why didn't you rinse that off?

With respect I can't say that I find the argument about not being able to submit the condition report at all convincing when you had other ways of getting it back. Besides, if you are asking the Tribunal to apply the letter of the law against the owner and PM you must expect it to apply to you.

What I cannot understand is why you would put all of this effort into arguing and tribunal appearances when the practical remedies were apparently so insignificant and easy to comply with. Fact is, the PM or owner would have to demonstrate through receipts the costs of paying someone to do it so that isn't a 'rip-off' as you allege, rather it is necessary to make it suitable to the incoming tenant and provides proof to the tribunal.

What might also appear strange to the tribunal member is your allegation that inspection and preparation were poor when you moved in. If the PM and owner are doing it properly now, it is reasonable to surmise that it is their usual approach and did same with the previous tenancy. How would you explain that apparent inconsistency?
 
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