what a horridly stressful situation.
sounds like a money grab on the landlords behalf.
call the tribunal or tenency board yourself.
all youve listed sounds like general wear n tear to me. and to get the cleaning done without giving you the opportunity to do it yourself or get your own cleaner is certainly not fair or tolerated by the tribunal.
seriously a bird feeder and an outdoor chair! if she valued those things she should have taken them with her.
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16-04-2012 10:38 #11
16-04-2012 10:44 #12Senior Member
- Join Date
- Oct 2007
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.
Last edited by MsTruth; 16-04-2012 at 10:46.
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16-04-2012 10:44 #13
Oh Hun sending you lots of hugs
Not to sure if I can help too much but as pp have said take it to the tenancy tribunal.
With the change over of real estate was a new lease signed? If not then there is no case.
The landlord has to give 48 hours notice to attend the property (in Vic) so if she didnt then that is something that can be taken to the tribunal.
Did your DH save the texts that she sent in relation to rent? This can be classed as harassment I think.
How long did you live in the property for? As the things they have listed are general wear and tear.
As for the real estate agent I'd also let the tenancy tribunal know about him too, he has no right to speak to you that way.
Sorry the brains a bit fried today I'll keep thinking but in the mean time don't pay a cent until its been to tribunal.
16-04-2012 10:46 #14
16-04-2012 10:49 #15
Hugs OP .. how unfair!
As a previous worker in property management, agents have a bad habit of trying to get whatever money they can get their hands on through both landlords and tenants.
Google tenancy tribunal in your state as PP's have said and take it from there. I'm sorry you won't be getting your bond anytime soon but be sure to fight it. From the looks of those photo's everything looks in order so you'll eventually get your bond back. If you have contact with the landlord, I'd be letting her know that what she is doing is wrong and let her know you've contacted the tribunal. Sometimes that can be enough to scare a landlord off. You'd be surprised how many tenants fork over money they don't even owe just because of the bullying tactics some agencies use! It really is appalling to say the least.
I hope you kept the messages from the past about how the landlord would hassle you for rent because she needed money for IVF? Keep everything!
16-04-2012 10:53 #16Senior Member
- Join Date
- Oct 2007
They earn a high income and have investments (basing this on previous posts from BerylsMum)so they wouldn't qualify for legal aid so they would have to hire a private solicitor for anything more then brief legal information.
BerylsMum is also quite intelligent and articulate, and I would imagine that her DH is also given his profession so they would be able to represent themselves.
In WA where I advise tenants (and other clients) lawyers are not allowed to represent people in court for tenancy matters except in extreme cases so aside from writing letters I always advise people on how to represent themselves. I am not sure what the rules are in other states
16-04-2012 10:59 #17
I definitely think they are just money grabbing because of the cost of the ivf.
I agree with not paying a cent until you know where you stand. It will be a long wait to get your bond back But I think they are being really unreasonable just for the sake of getting some extra money out of you.
I would be tempted to call her and just say that you "have spoken to a lawyer" and will be taking this further.
Oh and I agree with clucky, if there was not a new lease signed when the real estate was changed over then they dont even have a case.
Hope it all just goes away for you and you get your bond back asap
16-04-2012 11:01 #18
I agree with London- definately go legal aide. They should not bully you like this
16-04-2012 11:04 #19Happy family
- Join Date
- Oct 2008
- Seasme Street
what a nightmare, i hope it gets sorted. They sound like they are money grabbing to me
16-04-2012 11:08 #20-
- Join Date
- Jan 2012
I have been to tribunal over something like this. They always favour the tenants. They will probably take one look at this and laugh.
She ABSOLUTELY was supposed to come to you with quotes for everything, you were supposed to agree on a price and THEN she was supposed to have it done.
We went over a broken window in the side of the garage that we had accidentally broken as we were moving out. They got it fixed and tried to charge us $300 for a window 50cm by 75 cm. DH could have got a mate to do it for a fifth of that price.
We fought them on it, and because quotes were never brought to us before the work was carried out, we only had to pay $60. (The quote that DH got).
Do not stress about this hun, she has been totally unprofessional. There is no way you will be made to pay that amount. Not at all.
This will no doubt go to something called mediation before it goes to tribunal. In mediation both parties will try to come to a mutual decision on an amount and some sort of weekly/monthly payment if you need it. The mediator will no doubt tell your landlord they dont have a leg to stand on.Failing a decision, it will then go to tribunal.
Oh, and mediation can be done over the phone if you dont want to be in the same room as her.
Last edited by GothChick; 16-04-2012 at 11:12. Reason: added
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