Who would I call first?

[silversands]

Good Evening all,

I have a young friend who vacated her rental property back in October. She was there for 12 months. Initially she rented through an agent. Six months into the tenancy the LL was was really happy with her and decided not to continue through the agent. They opted not to put up the rent and she continued making payments however these were direct to the LL.

Upon vacating the property (the LL's sold it and she had to move, to allow vacant possession) she left it in immaculate order. (no not bias, truth!)

The problem is they told her to lock up and leave the keys on the breakfast bar. They did not meet with her to do a final inspection. They did however send a message to her via the neighboring property owners that they were very happy with and thankful for the good condition it was handed back in.

The poor naive thing has just now, ( ) had a little wail to me, that she couldn't understand why they were taking so long to return her bond!

The LL's truly seemed like nice people and at this stage I can only assume that someone has forgotten to lodge the paperwork to get her bond returned.(innocent 'til proven guilty)

However she no longer has any contact details for them.

I want to help the poor thing sort this out. Who should I call in the morning? The agent who lodged the bond or the bond holders? Sorry! - am tired & can't think what they're called!

A point in the right direction would be appreciated. I really do hope this will be an easy one to sort out. The poor kid could do with a break!

Thanks to anyone who answers. Night owls, where are you all?!!!

Cheers, Jo

 

[Collector]

In NSW we have a rental bond board, this is where the bonds are lodged, in order to get the bond release both parties need to fill in and sign a rental bond claim form and forward to them, alternatively the tenant can fill out the form and forward with only their signature, the bond board then send a letter to the agent/landlord allowing them 14 days to dispute the claim, if no dispute registred then the bond is released.

As the property was firstly professionally managed by an agent it is likely that the bond was lodged with the bond board - your friend should contact the bond board or the previous agent to check to see if this is the case.


There may be a completely different method / law in your state - so check that out first.


Some private landlords never lodge bond, this makes it hard to retrieve when you vacate

 

[Collector]

google search finds most answers:

From http://www.legalcontract.com.au/SA_tenancy.php

Security Bond
The maximum security bond cannot be any more than 4 weeks rent if the weekly rent is $250 or less. However if the rent is over $250 per week the landlord can ask for the equivalent of 6 weeks rent as a security bond. All security bonds must be paid into the Residential Tenancies Fund using the Bond Lodgement form supplied by the Office of Consumer and Business Affairs within seven days of receipt.

 

[silversands]

Thanks collector,

That's a relief. I was just worried that there may be some kind of time constraints. I figure the owner probably didn't even think of this scenario as the agent would have arranged to forward the bond. A big Thank you for answering tonight. She'll sleep better!

 

[Project1080]

Interesting problem Silversands.
Who was the bond paid to originally? The PM? Did ur friend get a receipt for bond? If kosha, the PM would have submitted to OBCA. So i'd try OBCA 1st then work backwards though the PM then seek out LL via council if needed.

Try this link for further info: http://www.ocba.sa.gov.au/tenancies/res/bondrent/index.html

Good luck.

Project 1080

The Project: 10 IPs in 80 mths.

 

[silversands]

Thanks for that link pal!

Very interesting nic you've chosen. I'm sure I won't be the only one who wants to hear more about your strategy some time soon.

Welcome to the forum and thanks for being proactive and helpful with this advice.
hopefully it will all be clearer in the morning!

Cheers, Jo

 

[Project1080]

No Probs.
Let us know how you get on.

Regards,

Project 1080

The Project 10 IPs in 80 mths.

 

[silversands]

Hi,

Okay, so far we've called the ocba. They informed her that they did indeed have her bond, and that since the LL had failed to do the right thing and sign off on the bond thatmy friend would now need to fill out a request for bond refund form (has done so) and send it to them. They will then contact the LL and inform them that a request for refund in it's entirety is being requested and that if they wish to dispute any or all of the claim, they have 10 days to do so or else her bond will be returned, in full.
I just hope they can find the LL because my friend has no forwarding address for them - they have moved and mobile number no longer connected.
Maybe if they can't track them down there will be more delays. It was lodged by the real estate agency who initially managed the property. The woman who we spoke with said many self managing LL's don't even realize they are supposed to arrange for return of bond but that's pretty much what we thought.

Thanks for your assistance.

Looking forward to a post about your 10 in 80 plan.

 

[moyjos]

Hi,

They will then contact the LL and inform them that a request for refund in it's entirety is being requested and that if they wish to dispute any or all of the claim, they have 10 days to do so or else her bond will be returned, in full. I just hope they can find the LL because my friend has no forwarding address for them - they have moved and mobile number no longer connected.
Maybe if they can't track them down there will be more delays.

I would be hoping that they CAN'T find the LL

 

[Collector]

Hi,

Okay, so far we've called the ocba. They informed her that they did indeed have her bond, and that since the LL had failed to do the right thing and sign off on the bond thatmy friend would now need to fill out a request for bond refund form (has done so) and send it to them. They will then contact the LL and inform them that a request for refund in it's entirety is being requested and that if they wish to dispute any or all of the claim, they have 10 days to do so or else her bond will be returned, in full.
I just hope they can find the LL because my friend has no forwarding address for them - they have moved and mobile number no longer connected.
Maybe if they can't track them down there will be more delays. It was lodged by the real estate agency who initially managed the property. The woman who we spoke with said many self managing LL's don't even realize they are supposed to arrange for return of bond but that's pretty much what we thought.

Thanks for your assistance.

Looking forward to a post about your 10 in 80 plan.

What they will do is send a letter to the LL at their last known address, if the LL does not recieve or does not responed then the bond will be returned in full.

The onus is on the LL to update their details and/or to do a mail diversion though Australia post.

 

[silversands]

Thx for that Collector.

That's a bit of a relief. I thought if they could not locate them it could possibly drag on for a while. I like your version of events better!

 

[Project1080]

Good to see all appears to be working out ok Silversands.

Project 1080.