Landlord trying to relieve us off our rental bond

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?

They charged previous tenant bond to clean it but pocketed it and never did the clean?
 
They charged previous tenant bond to clean it but pocketed it and never did the clean?

Why would the previous tenants accept that without cause and receipts?

Why would the PM and owner present a dirty house when that puts good tenants off and reduces the rent?
 
Cause it's not dirty enough to worry about ??????

Well yes, that could apply to someone who has packed his bags and will not be responsible for the property in the future.

There is tenant clean and tenant clean. The expectation of a tenant on entry may not match what he thinks is an acceptable 'tenant clean' at the end.

The condition report is the authority but in this case there are entry and exit condition report problems from the tenant's end. Why?
 
Well yes, that could apply to someone who has packed his bags and will not be responsible for the property in the future.

There is tenant clean and tenant clean. The expectation of a tenant on entry may not match what he thinks is an acceptable 'tenant clean' at the end.

The condition report is the authority but in this case there are entry and exit condition report problems from the tenant's end. Why?

I don't know I wasn't there.

All I've read is a tenant said they cleaned up and left a property better than they move din but the PM wants to keep some of the bond for cleaning anyway.....

The vacating tenant believes that the PM will not use the $ for cleaning and just move someone in

In my limited experience, I can see exactly how that can happen with an overexcited young PM "Trying to do the right thing by her custoemr (the owner) and making sure that the tenant doesn't get away with stuff tenants like to get away with.
 
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?

Spoken like an agent...lol

A 5 min inspection during OFI is not exactly enough time to see every scuff and dirt mark. I had no problems with the untidiness as I cleaned it up after we moved in.

Have you read my post at all? The place is MUCH tidier now than it was before AND it exceeds the minimum standard of just being reasonably clean and tidy. I went and checked the benchtops yesterday and they were NOT sticky at all.

What other ways do I have to check all the electrical fittings when there was no power connected? I wanted to send a complete report. Just being a day late does not invalidate my findings and photographic evidence.

Moreover, following the agent's subsequent refusal to accept my report, I immediately contacted Consumer Affairs Victoria and sought their advice, all of which I have a record. I was advised that as long as I have photos and have documented my findings on email then I could use that for future reference in the event of any dispute.

My Before and After photos clearly evidences how clean the property is now and the fact that I did not cause any of the scuff marks, torn drapes, pitted tiles etc. They now want a $1000 to clean the inside of the property and are yet to advise on the garden clean up costs.

I'll let you know how I get on at the tribunal!!

The photos are now neatly sorted into sets here! Note that all photos are date stamped so no dispute there:)

http://www.flickr.com/photos/70172205@N02/sets/
 
Curious..cause I don't know...can the time stamps be altered, the same as emails can be?

I'm not suggesting you are doing anything wrong.(concerning cleaning) You just didn't follow the rules.Taking the inspection report to the office in person was an option.


Something to consider in the future.
 
Spoken like an agent...lol
..............

No, they were frank comments on issues you may need to think about. I took you at your word in your first post as wanting the pros and cons and I quote:

"Any advice? What are my chances of losing some of my bond money?"

If you only wanted ways of challenging at the Tribunal you should have said so.
 
The photos and report were sent using yahoo mail - so can't tamper with either contents or the dates.

As regards date photo taken not sure if this can be tampered with - date modified maybe but not date taken.
 
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!

Without knowing how you will get on by being a day late, I would guess that email before and after photos should stop this going any further.

Claim your whole bond back, and if they want to take you tribunal, I'm guessing you will have no problem winning.

The time my parents took filthy tenants to tribunal, I watched the "judge" and the photos were the clincher. A photo is worth a thousand words.

Good luck, and I hope you get your bond back. I'm amazed they are even considering "trying it on".

P.S. Not sure of the rules in your state, but I would suggest you fill in the form claiming all bond, send it in without their signature, and get in before the landlord/agent sends in the form. That is what we have done when unhappy with tenants "leavings" and then they have to fight for what they think they deserve and they also have to pay to take you to tribunal (at least that was how it worked last time we had an issue).
 
Thanks so much for your support and advice, Wylie.

As someone who is obsessed with cleanliness/tidiness (almost a disorder with me!) their baseless allegations have come as a huge shock. Thank God for photos.

By the way, can they keep adding to the "Final inspection report" indefinitely as days go by? They have today alleged that the windows are filthy and charging a further $250 to clean them. Have attached pictures of the window panes on the same flickr website - they couldn't be any cleaner!
 
I can see some weeds and moss between the outside block paving. I hope you are going to attend to that.

bJJLzr
 
I am in a battle over mine at the moment.

Apparently using their preferred cleaner for an end of lease clean isn't enough.

Going to the tribunal on another matter due to their ongoing disregard for the basic elements of the act.
 
I've been reading the TUV website and I just realised that I was only given one UNSIGNED copy of the entry condition report. I remember asking her and she said that it would be signed by her and a copy given to me only after I signed and returned it within 3 business days. I was actually supposed to receive two signed copies of the condition report which I didn't.
 
Thanks so much for your support and advice, Wylie.

... can they keep adding to the "Final inspection report" indefinitely as days go by? They have today alleged that the windows are filthy and charging a further $250 to clean them. Have attached pictures of the window panes on the same flickr website - they couldn't be any cleaner!

Not sure about other states but here in Queensland they can't. Well not according to our PM anyway, as we found out when we discovered stuff we both missed on a recent final inspection. Only a couple of weeks ago we were told that once the list of things they have to remedy is signed off and given to the tenants it can't be added to. Definitely worth checking that one out with your local tenant authority.

Oh, and like someone before me said - I wish our tenants had left the house as clean as you have.
 
I spoke to the new property manager who is now handling the property. The previous agent is no longer with the company.

According to this property manager:

"We do not believe we have a case against you and will not be proceeding with VCAT. It appears the previous agent did not inspect the property properly at the beginning of your lease"

I was asked to forward the email correspondence exchanged with the previous property manager which I just did.

So will wait for the above confirmation in writing before I do a victory dance.

To those who posted on this thread and provided some great advice and support – thank you so much and I sincerely appreciate it :)
 
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