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  1. #21
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    I have been to a couple of tribunal hearings and its pretty easy.
    They are fair and listen to both sides look at evidence etc.
    Don't stress one bit, I will tell you now that she won't get that money.
    The major thing they always look at is was your rent up to date and was the place trashed.
    The things you mention are ridiculous. She might get money for the cleaning if she fights hard enough but that's about it.
    Tell her you will see her at the tribunal. I would mop the floor with her.. Lol

  2. #22
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    Quote Originally Posted by louellyn View Post
    You do not need a lawyer, you and your DH are capable of handling this yourself.

    Look up the residential tenancy legislation in your state and use that to form your case in the tribunal. The revelant consumer protection department and your state tenancy advice centre websites will also have information you can use.

    Possible points to consider given your original post;

    1. Reasonable fair wear and tear in respect to the fridge, outdoor chair (particularly if you have a photo of it from when you moved in and a mention of it in the condition report) and possibly the chandelier.

    2. If there was any cleaning to be re-done generally the tenant should be given the opportunity to do it themselves before a professional is called in. Notwithstanding this you should be given a receipt for any professional cleaning and a detailed invoice of what work was done. You can use this, photos and the condition report to determine (and argue in the tribunal) whether the cleaning was required and whether the charges were reasonable.

    3. Go through the list in fine detail and correspond this with the photos and the condition report when you moved in and when you vacated.

    4. The landlords behaviour is relevant and may well amount to a breach of your right to quiet enjoyment, particularly when everything should have gone through the agent.

    Obviously you can pay a solicitor if you want to do so and they will send the landlord a letter which may settle the matter but you really can handle it yourself.
    This. You can definitely handle this yourself. That's part of the reason there is an RTA. There is a big difference between wear and tear from normal use of a property and damage.

  3. #23
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    Also most of the things you have listed in your OP would be classed as wear and tear.
    This might help with your response:

    http://ripeproperty.com.au/_blog/pro...Wear_and_Tear/

  4. #24
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    Hmm, I wonder whether, since you asked for the bond asap, they are banking on you making an offer to pay a portion of what they are asking just to get it sorted quickly. As in, they've asked for such a ridiculously high amount so that you'll feel like you've gotten a good deal if you agree to $1,000 or something, even though they're not entitled to anything like that (and they know it).

    Call their bluff.

  5. The Following 2 Users Say Thank You to shelle65 For This Useful Post:

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  6. #25
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    What an awfully stressful situation - you look like you've left the house very clean!!!

    I have been to a tribunal before and won, the landlords tried to pull a similar stunt!! (wanted us to replace whole of laundry flooring - among other things!)

    It will be a PITA and very time consuming but go through one by one her list and come up with reasons rebutting them - no tribunal judge would make someone replace an entire chandelier for $510 over ONE broken crystal!

    Sounds like a total money grab!!!

    Good luck! I agree you are articulate enough to represent yourself - in landlords tribunals you don't have lawyers anyways!

  7. #26
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    Quote Originally Posted by BerylsMum View Post
    The property agent went through and told DH is was fine and would get it done.

    So we ask again and we get a list with a claim of - $6,500

    WTF?
    The list includes..
    203 photos taken -$40
    ( they can't charge for photos!)

    Broken chair ( it was an outdoor chair, she left there wrought iron, rusted) $245
    ( fair ware and tear )
    Broken crystal on chandelier cannot be replaced, whole chandelier $510
    ( wear and tear)
    Bird feeder (not stable fell in wind) $380
    ( wear and tear - did you report it had fallen)
    on the side of the fridge there is a dent which is the size of my finger nail $250 to fix.
    ( wear and tear )
    removal of foxtel cable $75
    cleaning $500
    ( ask to see photos of what needed cleaning - the tenant must have a chance to clean first)
    replacement of lino on laundry floor as it has marks. $400 ( ware and tear )

    The whole thing just feels like a money grab. She got all the cleaning done so I dont even have the chance to see what she is talking about or to do it myself..

    ?
    firstly try not to stress you have done nothing wrong! In my 20 odd years in real estate I have been to many a tribunal hearing and from what you have said you will be fine!

    As a pp mentioned, you do not need a solicitor for the hearing ( if anything they will cost you more than the claim!) call the tenancy tribunal in nsw and have a chat over the phone , ask questions and put your mind at ease

    the agent/owner must give you ample opportunity to rectify any damage before they do , you mentioned the agent when he first went there said all was ok? Make sure you mention this, get your original inspection report and your photos taken when you left, that's all the tribunal will care about , the tribunal is very fair with tenants as long as you have all your documentation and write down all the phone calls and conversations you have had with the agent

    if you need any other help please pm me and I can put you in contact with our senior property manager ( he is fab and knows the laws backwards!)
    Last edited by Elijahs Mum; 16-04-2012 at 13:52.

  8. #27
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    Call their bluff. Go to the tribunal.

    They are blatantly trying to rip you off. Don't let them.

    All the best.

  9. #28
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    Sorry to laugh but honestly, their claim is laughable. There is absolutely no way they will win and they are just trying to take advantage of you. I'd keep EVERYTHING - all the text etc - for presentation at tribunal. Floor coverings have a fairly short life after which they are considered to be worth $0. So good luck to them trying to get free replacement flooring out of you for starters!

    You can't be expected to replace giant slabs of things like an entire chandalier for one broken piece. They obviously have no clue what fair wear and tear is.

    I had an annoying issue with my landlord when I vacated my last property. She kept saying the edges weren't done on the lawn - DP and I returned 4 or 5 times and couldn't work out what she was on about. What she meant was there was 3 or 4 bits of grass sprouting out between the pavers. I pulled them out and saved myself the $150 she was requesting for gardening. So honestly, don't back down. I had the ad they'd put on realestate. com. au which clearly said "well kept gardens" - proof enough for me that the gardens were left in good condition!

    ETA: My DP also laughed and said "Thanks for renovating your house on my dollar!" so I think you'll be ok fighting this one.

  10. #29
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    We had something very similar when we moved out of our last rental (after 6 years!). After having inspections every 6 months where there were NO complaints, all of a sudden we had 3 A4 pages worth of repairs to do! For example, they wanted the carpet replaced. We had it professionally, industrial cleaned, and there were pulls around the edges. The carpet cleaner had noted the carpet had been cut wrong, and there was no underlay. They also listed problems that were mentioned in the original condition report. They were banking on us not having a copy, which we did. They complained about the plastering on the roof of the garage being uneven!!!!! Also, there was a light fitting that had one screw holding it in. It fell out on the day we moved in without us touching it. They knew about it during the first inspection, and agreed it was their fault when all the other fittings were found to be incorrectly fitted too, however still demanded we pay for it. The list went on and on!

    They weren't selling but had decided to put the rent up which priced it the same as properties with an extra bedroom, or brand new properties. They just expected us to pay to get it to that standard. When we rang the tribunal, they basically laughed. It went back and forward for about two weeks between us and them. We just kept telling them we would see them in court and eventually they backed down. It was such a bad experience, I never, ever want to rent again. Good luck, and definitely don't agree to anything until you know your rights. I agree with PP's, no more verbal contact, keep everything in writing.

  11. #30
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    Had you signed the bond refund forms? I'm sure once that has been done they can't do anything.


 

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