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Hi,
I moved out of a unit in Sydney last weekend after living in it for 5 years.
In that time the owner has not spent a single cent on the unit.
I treated the place as it was my own as much as possible and left the unit in the best condition possible due to the original condition it was provided in and the ever growing issue of mould.
Now the final inspection has been done and the property manager has sent me photos of items that they claim need to be cleaned prior to the bond being returned. Items include such things like 2 marks on the stove top, the never used oven/grill, a water mark under the sink pipes in the kitchen cupboard, kitchen cupboard handles and a couple of marks on the carpet.
I now no longer live in Sydney and have no access to the unit.
What would be my recourse be on these claims?
Thank you in advance for any advice.
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Your recourse would be to take them to the NSW Civil and Administrative Tribunal (NCAT). The dept of fair trading web site should be able to help also. Here is a link that may help https://www.choice.com.au/money/property/renting/articles/rental-rights-you-didnt-know-you-had
I once took a case like yours to the NCAT. I think a lot of real estate agents do this to impress their landlords and because they feel tenants are often too intimidated. Often agents (not all) try this on, it is a quick way for them to make a few extra dollars. You don’t need a lawyer before the NCAT, you can represent yourself. I did and I have seen others do it and win.
5 years is a pretty long tenancy. The items you describe would appear to fall within the definition of fair wear and tear. The water marks under the sink could be from a leak that the landlord should have had fixed anyway.
If you go to the NCAT. You need to gather/list as much evidence as possible in your favour. The evidence will include, the photos, the length of your tenancy, and details of the state of the property during your tenancy. Do you have much paperwork relating to your tenancy? If so going thru it for things like proving there has been no spend on repairs/maintenance, past condition reports (photos? Especially, if the past condition reports are all good and this one was bad it might help. Even if you can’t find much evidence the real estate should have it. The agent not give it to you but put a formal request to the tribunal to ask that they provide it.
it’s excellent that you have the records on hand! I should hope that more people are more diligent about the records that they have for the homes that they’ve stayed in, what with pictures and stuff. Whether or not it involves claiming money back from their landlord or whatever, being that on the ball with what’s going on will only help both parties to figure out the proper recourse in due time. So good on you!
You may find just talking to agent and advising of the intention to go to NCAT is enough. As has been said it’s often just agents trying it on, or unfamiliar with the property so just claiming any damage to be ‘safe’.
I had a similar thing and pulling out the original condition report had quite the effect on their bluster.
Sadly, a lot of agents will do this – especially with overseas students who may have to leave the country before they collect their bond or don’t have the nous to challenge this effectively.
Tell them that not only will you challenge them through Fair Trading but you’ll report them and, if there have been enough complaints, they’ll end up on the Fair trading blacklist (where they belong!)
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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