Hi Everybody!
Recently I had tenants move out after nearly 3 years in my property. Damage was moderate. The place had been spotless but was left filthy. I charged a $300 cleaning fee for the oven, rangehood, dishwasher & fridge, all of which had been brand new & unused but were left filthy. The amount I charged for damage to painted surfaces was well below commercial rates. Tenant agreed & signed for full repayment of bond (I have kept about 40% in total which includes some unapproved claims for rent reductions). Now tenant has claimed charges were excessive & is threatening to go to Rental Bond Board (NSW). I did not lodge bond with the Rental Bond Board. Any advice?
Hi and welcome to the forum.
Let them threaten. It’s an arduous process that they probably won’t go ahead with. If they’ve already signed the form to release the bond to you then that’s an indication that they agree that you should be compensated due to the condition the property was left in.
It just sounds like scare tactics to me. I’d get their bond, clean up the place and move on to the next tenants.
Cheers
Jamie
Jamie Moore | Pass Go Home Loans Pty Ltd
http://www.passgo.com.au
Email Me | Phone MeMortgage Broker assisting clients Australia wide Email: [email protected]
Thanks for the reply, Jamie. My understanding of signed agreements/contracts seems to be very different to that of the tenant. He seems to view it as a starting point for negotiation.
Due to some unusual circumstances at the time, the bond was not lodged with the Rental Bond Board. I guess the form that you refer to is the method by which bond would be claimed from the Rental Bond Board. I simply have his verbal agreement that the amounts charged were fair & his signature on a receipt saying that the matter has been settled.
I am a newbie at this & clearly I have left myself open to these sort of threats by not lodging the bond. I don’t have a problem with paying a fine or fee for my mistake. I do have a problem with being threatened or ripped off by a tenant who has been a dishonest pain in the rear from day 1.
I guess I’m just going to have to let the issue run its course (re hearings, etc). Any further advice would be appreciated.
You are in a perilous predicament, pd.
Bond wasn’t lodged with OFT which is a breach of the lease. Did you have a lease in place? Did you do a condition report on entry? Did the tenant sign it & return a copy to you? Did you do an exit inspection on the same condition report?
In NSW a tenant can have up to 6 months to object.
Your course of action: prepare for CTTT, you will need all the inspections/reports/lease, copies of invoices or quotes for repairs etc. As well as finding a good excuse for non-lodged bond.
Fairtrading.nsw.gov.au is a useful site, check your obligations & their definition of fair wear & tear, cleaning Etc…….
Did a cleaner do the cleaning and issue a receipt? Same for a painter?
Self managing?
Thanks for the replies. Have just returned from work.
IP Freely: Everything was done correctly re lease, condition report, etc. Tenant was aware that bond would not be lodged as I was leaving the country the next day. Thanks for the tip on the site.
maree: I’ve worked as a painter & since I prefer quality work I would not like to hire a painter. Will get receipt from cleaner. None of the work has been done yet. Deductions off bond were amounts that were agreed to & signed for by tenant. Remainder was paid out on the spot.
Derek: Initially I had a manager. Cost me 10% of the rent & tenant repeatedly lied to the property manager about deductions that were supposedly allowed for under verbal agreement with me. Rather than deal with the constant hassle & loss of income I simply sacked the manager. The claims for expenses incurred by tenant then stopped bar 2 ridiculous attempts which I did not allow & he still disputes.
Thanks to everyone for the help. As I have said, I do not have a problem with fines/penalties imposed by CTTT. I screwed up & I’ll wear it. My only interest is in preventing the tenant from ripping me off further.
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