[ProgSoc] Some advice on property rental/tenancy tribunal issues

Michael Lamont michael.montey.lamont at gmail.com
Thu Feb 5 11:37:10 EST 2009


When you lodged your Bond you should have recieved a statement from the
Rental Bond Board in your name with the property details saying that the
bond was lodged.

All the relevant information is Available from the NSW department of Fair
Trading Website

http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Renting_a_home/Bonds.html
.

If the Scratches are minor it could be argued that this is normal wear and
tear and you should get your bond back.

What you should have is a property condition report attached to your lease
agreement detailing the condition of the property when you occupied it. It
should have been signed by both parties.

You should have also been supplied a copy of the property report upon
leaving the premises.

Documentation is your friend for any claims, emails to the landlord or the
landlords representative count as such.

2009/2/5 <traltixx at progsoc.org>

> Hi Guys,
> I am in need abit of advice on some tenancy tribunal issues for anyone who
> knows about these things as I am unfamiliar with NSW law.
>
> I had just completed a 1year length of stay at a house under a contract.
> One thing i failed to realized is that if you give the landlord a bond,
> the landlord then has to send it to the tenancy tribunal to keep. and it
> normally has interest that comes with it. And upon rental bond claim, we
> normally sign a bond claim form to be sent out to the tenancy tribunal
> again and then they will refund the bond. not so sure if this is how it
> works in NSW. These forms I never received nor signed.
>
> Anyways, I left the house on Sunday.
> The thing is upon inspections he noticed some scratches and minor paint
> peeling off the wall. It's not significant i would say, not to an extend
> where a whole room repainting would be necessary. But he (the landlord)
> mentioned that he wont refund the full bond of $2080 because of some
> damages to the wall (DAMAGES??? it's only the paint). In which I said it's
> not fair considering it's a normal wear and tear and the house is left in
> an excellent condition, very clean since i cleaned it myself...if not
> cleaner before when i first moved in.
>
> What makes me confused is that he said he's going to charge me $400 for
> repainting of the rooms plus labor. I told him that it's too much and if I
> could, i'd get some one else to inspect the house and make a painting
> quote on that. He's sounded nervous and he said he'll ring me back and
> discuss this with his wife. But until today he hasn't rang me back and I'm
> not sure how to approach this case.
>
> Now :
> 1. Should i be persistent on getting the whole bond back?
> 2. he has acted against the law by not sending the bond money to the
> tenancy tribunal and also the bond claim form that he never provided me
> with...can i use this against him?
> 3. I took the lawnmower for a service for $90 and he never paid me
> back...i thought it is his obligation to pay for any service because it is
> his property (is it?)...should i mention this to him as well?
>
> Anyway, thanks for any advice.
> Cheers
> Astan
>
>
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-- 
Michael "Montey" Lamont
Antiquis temporibus, nati tibi similes in rupibus ventosissimis exponebantur
ad necem
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