rental bond-tribunal proceedings

[neelima]

Hello, Need advice on going to tenancy tribunal.
We've vacated the unit recently after living there nearly 5 years with 3 kids. We've done professional carpet steam cleaning n other professional cleaning of kitchen n windows etc., n provided the invoice to the agent. There are some very small stains left in the hallway otherwise the whole unit is fine. There some cupboards came loose(nothing broken) n a screw got lost. There were some sliding doors on top of the wardrobes, we've taken it off which can be fixable easily, but unfortunately forgot to fix them back. There is a very small rip on the vinyl in the kitchen, happend h\while moving the fridge n we've told the agent in the beginning itself n she said that's ok. then later the agent changed twice or thrice. every time they come to inspection I've showed them them every thing. couple of time they were not happy with carpet, but I've cleaned it again n agent said she is satisfied in the second inspection.
now they are charging us $4000 for the new carpet, new vinyl in the kitchen n $250 for curtain cleaning.
and n top of every thing we didn't handover condition report ever. So we don't have any proof that all the vents,bathtub were so dirty.
We've decided to go to tribunal, wanna know where we stand. do we have any chance.

 

[Scott No Mates]

Tell them to go whistle loudly. You have been in the place for 5 years, carpet would be stuffed as it's useful life is only 7-10 years. Everything else would be fair wear and tear.

Contact the tenants union for further information.

There is no obligation on the tenant to steam clean carpets - unless you have pets.

Why don't you have a copy of the ingoing report? This should be with your lease. If you didn't return a signed copy to the agency, then they should provide you with a copy of it.

 

[wylie]

Tell them to go whistle loudly. You have been in the place for 5 years, carpet would be stuffed as it's useful life is only 7-10 years. Everything else would be fair wear and tear.

Contact the tenants union for further information.

There is no obligation on the tenant to steam clean carpets - unless you have pets.

Why don't you have a copy of the ingoing report? This should be with your lease. If you didn't return a signed copy to the agency, then they should provide you with a copy of it.

I agree with this. You may find that if you never returned the entry condition report with your comments on it within a certain timeframe, that the tribunal will accept the agent's version of the condition of the property.

Other than that problem, I highly doubt they will get $4K for new carpets from you. Prepare your case, dot point, keep it simple, be polite and respectful, don't be drawn into a "he said, she said" situation. State things clearly and concisely and good luck.

 

[neelima]

They did give me a report at the beginning of the rent which I've filled
(just tickboxes) but never returned it. I don't know if it is going yo effect the outcome of the hearing. Agent says its not fair wear n tear.

 

[wylie]

They did give me a report at the beginning of the rent which I've filled
(just tickboxes) but never returned it. I don't know if it is going yo effect the outcome of the hearing. Agent says its not fair wear n tear.

In Queensland (unless I'm mistaken), your decision not to return the report within a certain timeframe means the landlord or agent's version of the condition is the accepted one. I'm afraid that is not good for you. You should check with the authority in the state you are in to see if this is the case for you.

But, apart from the removal of the sliding doors, which could be put back easily, the rest sounds like fair wear and tear. All you can do is go in prepared and hope you get a fair hearing.

I doubt very much you will have to pay for a new carpet. Five years is a long time and even if it was brand new when you went in, you have lived on it for five years. That is the very definition of "wear and tear".

I reckon you will be fine. Just keep cool and calm and stand up for yourself politely. If you can take photos that show the place left in good condition, take them along.

 

[neelima]

thanks Wylie n Scott no mates, feeling much better. All are seem like fair wear tear to me apart from a broken light switch n a cracked tile on the side of the bath tub. accidents happened after giving the notice.

 

[Scott No Mates]

Even cracked switches/tiles are FW&T if they cannot prove that the damage was malicious.

In NSW the inspection report will be taken as the copy provided by the agent as you did not dispute it (eg dirty fans etc should have been noted or responded to).

 

[Xenia IM]

They did give me a report at the beginning of the rent which I've filled
(just tickboxes) but never returned it. I don't know if it is going yo effect the outcome of the hearing. Agent says its not fair wear n tear.

In the absence of your input, the agent report is deemed to be correct.
You need to rely on wear and tear rather than the report that was not sent in.

I would guess that it would be ruled in your favour- keep us posted.