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Hi There All,
Could anyone offer any advice as to a breach of section 29(4) of the RTA 2010. My landlord and agent didn’t offer me the opportunity to be present at the final inspection despite 29(4) saying I should be present, nor was I given a ‘reasonable opportunity’ to be present – 29(5). It appears to be a breach, is there any action I can take, as I believe the landlord made spurious claims to the ‘reasonable cleanliness’ of the property. I felt they did it deliberately to make life difficult. I did go back and clean it just for the sake of it, but feel cheated.
Appreciate any advice?
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John – you could have completed your copy of the outgoing Condition Report and submitted that to the Property Manager or to the Owner/Landlord in order to get the discussion started about any discrepancies, but as you’ve already gone back to the property and again cleaned, I don’t think that much would be gained by now complaining.
You could contact Tenants NSW for some advice after the fact.
@JohntheBaptist said:
Hi There All,Could anyone offer any advice as to a breach of section 29(4) of the RTA 2010. My landlord and agent didn’t offer me the opportunity to be present at the final inspection despite 29(4) saying I should be present, nor was I given a ‘reasonable opportunity’ to be present – 29(5). It appears to be a breach, is there any action I can take, as I believe the landlord made spurious claims to the ‘reasonable cleanliness’ of the property. I felt they did it deliberately to make life difficult. I did go back and clean it just for the sake of it, but feel cheated.
Appreciate any advice?
Too late now. It helps if you how the rental bond system works. Landlords usually wait until a new tenant moves in. If a landlord does not invite you to the final inspection or there is a dispute, the tenant can lodge the rental bond form without the landlord’s signature for the full amount or part of bond but he will have to wait 2 weeks or more for the refund if the landlord does not dispute. If the landlord disputes this he has to take you to the tribunal to argue over the bond. The landlord can also lodge the bond form without the tenants signature and often do.
watchman said… The landlord can also lodge the bond form without the tenants signature and often do.
Yes that’s correct, but in those circumstances and IF they’ve been provided with a forwarding address by the outgoing tenant, the Rental Bond Board will write to that tenant to advise them about the Landlord’s Claim, and to provide them with a opportunity to dispute it before any payment whatsoever is made to the Landlord.
So the message for outgoing tenants in NSW is to always provide a forwarding address directly to the Rental Bond Board before leaving rental premises.
There is nothing much you can do since you have already gone back and cleaned it again. It is a little inconvenient on your side, so I think you just need to check with the proper authorities about what can be done. Recently, there were cases involving the storage space within the house that was overlooked by the renter, but the authorities were able to help resolve it. So, better check with them before doing anything further.
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