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So, we moved out, and the owner is moving back in.

So far, we have been called back to the house to

*remove rubbish that was not ours (and some that was, we removed that)
*replace a light fitting that never fitted on anything anyway
*repair a flyscreen that the previous tenants broke
*reattach the smoke alarm to the ceiling (stand on a chair and turn 1/2" left)
*reattach a flyscreen to the bedroom window (it used to just sit there with no fasteners)
*reattach a flyscreen that doesn't belong to the house
*pull up 3 weeds from the back step.

Now, TODAY, we get ANOTHER email saying we have to fork out $75 for their handyman to fix the laundry flyscreen and buy a new light fitting.

WE DIDN"T BREAK THE FLYSCREEN
WE NEVER HAD THAT LIGHT FITTING

I am so angry.

We fixed holes in the walls, and attached toilet seats, and blocked holes that the mice came through and put up with having no back screen door and a dog-eaten hills hoist and removed an entire window pane from the front garden and replaced the letterbox and got council pick-ups for the previous tenant's junk, and were generally pleasant and respectful.

They drag us back to pull up 3 weeds and now are charging us for other people's messes!

I'm just completely ropable.

Yes, fine, we can fix the flyscreen, thats no biggie cause there is flymesh in the shed up the back, but n way am I buying a new lightfitting when there was no lightfitting there originally.

thing is though, there was no official inspection before we moved in, Jerry just made a list and gave it in, so I don't know if thats a good thing or a bad thing.



For animals, the entire universe has been neatly divided into things to (a) mate with, (b) eat, (c) run away from, and (d) rocks. - Terry Pratchett

If I was you...I wouldn't do anything...see what they do. My cousin moved out of his appartment and they gave him a huge list to repair etc. The owners of the appartment actually kicked him out of the appartment, thus he didnt do anything. They tried to scare him by telling him if he doesnt do the things they told him to do, they will call the police etc. Its been a year now and havent heard from the owners. They just want you to do things they dont want to do.

Hope they dont give you another list and stop bugging you.
Mango [/font]

Well, we would, but there is an $800 bond we need to get back.

For animals, the entire universe has been neatly divided into things to (a) mate with, (b) eat, (c) run away from, and (d) rocks. - Terry Pratchett

Hey Calla,
I've had my share of landlords too.

Get him (them) to write down:

- what they want you to do,
- that you're free of "duties" when it's done
- that you will get your bond back when everything that was written down has been done
- that there will not be any more business between you and him/them.

Both of you will have to sign the paper in advance and for agreement when everything is done and once the second signature is down, you're home free!

Another option is to write down the "chores" yourself and make up some sort of declaration like the above.
That way you've got control of what's on paper.

I did the latter with my landlord and we never heard from him again!

Last edited by tinfoil at 22-Jun-2005 05:32

Callatya, Take it to the Department Of Fair Trading. They will sort it out, as the Landlord MUST have a copy (as well as yourself) when renting, of a inspection notice. Which the Landlord and yourself fill in before and after you move in. As because if there is a problems (EG like this one) there is an inspection report to fall back on. It is in 4 parts, where you keep 2 copies and the Landlord keeps 1 and the Real Estate keeps 1 also.
Department Of Fair Trading will be annoyed with the Landlord for not doing this, so take it to them. Do not pay the bill. Also the Department Of Fair Trading will help you get your bond back., and any other problems you may come across if you think is unfair. ***Tiger.

From the booklet: Renting Guide NSW Department of Fair
Trading>

Beginning the tenancy.
Disclosure: Before a tenant enters into an agreement or moves in to the property they must be given the following documents by the landlord or the landlord's agent.
A copy of the proposed tenancy agreement (including a premises condition report), filled out where appropriate in the space provided, and
A list of all entry costs payable to begin the tenancy, and
A copy of this booklet.

THE TENANT MUST BE GIVEN TIME TO READ AND UNDERSTAND THIS TENANCY AGREEMENT BEFORE BEING ASKED TO SIGN.

Tenancy agreement:
The law now requires that there must be a written tenancy agreement between all landlords an tenants. The agreement must be provided by the landlord. Agreements can be purchased from most news agencies and stationery stores.

The Act contains a standard form of tenancy agreement that must be used in all circumstances. Each tenancy agreement must consist of 2 parts;
Part 1 - The terms of the agreement (ie, what the landlord and tenant agree to during the tenancy)
Part 2 - A premises condition report, setting out the state of the premises at the beginning of the tenancy.

The standard terms of the agreement (terms 1 to 28) apply to all landlords and tenants and cannot be altered or deleted. Additional terms may be added to the agreement. It is essential that all parties read the tenancy agreement before signing it.

Condition reports:
WHEN A TENANCY BEGINS A PREMISES CONDITION REPORT MUST BE FILLED OUT. IT SHOULD BE TRUE AND ACCURATE ACCOUNT OF THE CONDITION OF THE PREMISES. THE CONDITION REPORT MAY BECOME THE MOST IMPORTANT PIECE OF EVIDENCE IF A DISPUTE ARISES OVER THE CONDITION OF THE PREMISES AT THE END OF THE TENANCY.

The steps needed to complete a condition report are:

The landlord or agent must fill out and sign the condition report in triplicate (ie 3 copies) noting the cleanliness, general condition and working order of each applicate item on the report. Any comments should be written in the space provided, or on a separate page if there is no room.

If the property is furnished a list of all the furniture and the condition of each item should be attached to the report.

The tenant should then be given 2 copies of the filled out condition report at or before the time the tenancy begins.

The tenant should take the report away and fill out the "tenants agrees" column with a Y (for yes) or an N (for no). If the tenant does not not agree they should write a reason in the comments area of the report.

The tenant should sign and return a copy to the landlord or agent within 7 days and keep the other copy for themselves.

Promised repairs;
IF THE LANDLORD OR AGENT PROMISES, PRIOR TO THE START OF THE TENANCY, TO FIX ANYTHING OR DO OTHER WORK (EG CLEANING OR PAINTING) THIS SHOULD BE NOTED IN THE SPACE PROVIDED AT THE END OF THE CONDITION REPORT. THE TENANT WILL THEN HAVE WRITTEN EVIDENCE ON WHICH TO TAKE THE MATTER FURTHER IF THE REPAIRS OR OTHER WORK ARE NOT CARRIED OUT BY THE AGREED DATE.

Bond refunds:
During the tenancy, the rental bond is held by the Department of Fair Trading. At the end of the tenancy, after the final inspection, a claim form should be filled out by the landlord or agent and given to the tenant to sign.

ANY DISAGREEMENT OVER HOW THE BOND IS TO BE PAID OUT SHOULD FIRST BE DISCUSSED BETWEEN THE PARTIES.

If agreement cannot be reached, either party may send a claim form to Renting Services Branch, Department of Fair Trading without the signature of the other party. The bond will not be paid out straight away. A letter will be sent to the other party advising them of the claim and giving them 14 days to apply to the Tribunal to dispute the claim. If no reply is received within 14 days the bond will then be paid out.

NO MATTER WHO APPLIES TO THE TRIBUNAL IT IS ALWAYS UP TO THE LANDLORD TO PROVE ANY CLAIM ON THE BOND.

(I hope this helps. Sorry I could not scan the book and send it as an attachment. ) Regards Tiger..

(

I always take 100+ photographs of any place I rent before I move in, especially of any damage and make a very detailed entry report.

They've tried to sting me with this kind of thing, but I've always had evidence.

We should have done the same.

I have a vague recollection of a "list of things that weree wrong" and it had like 6 things on the list and the agent expected us to sign it. We didn't. That must catch a lot of people out.

Well, theres a good start, thanks for that TigerAngel. If they can't provide the sheet listing ALL of the faults that we provided them with (and invited them to double check, yes, they let us move in without signing the inspection sheet) then stuff them, we'll go to the DFT.

I hate to say it, but its the principle of the thing!

For animals, the entire universe has been neatly divided into things to (a) mate with, (b) eat, (c) run away from, and (d) rocks. - Terry Pratchett

oh calla i'm so sorry

I must admit that my current landlady is very nice and understanding and out of the countryVietnam

But, her only complaint was the time I flooded the apartment next to me with the canister

I would do as somebody up there said sorry i've lost train of thought on who said it have them make a list of what they want fixed, and have them include that when it is fixed you are free and clear of anything else...then either pay someone to do it or do it yourself...

if it weren't for the $800 bond (deposit?) I would just leave them to themselves...also have them include on the letter that after the above mentioned items have been taken care of that the bond will be returned to you immediately, within a month, whatever is most feesable (sp?) Because I moved from an apartment once that figured ok so you've done all the fixes, we are still keeping your deposit, tough toenails, now we don't have to do anything and we still have your money...

Good luck, I hope it gets better, it really is a reason to try to buy your own placenot that i am, i am still renting and will be for sometime I'm sure

heidi

EDIT: oops turned into microtiny print








~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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Were here with me
Well then there's hope yet
I can see your face, In our secret place
You're not just a memory
Say goodbye to yesterday
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Last edited by houston at 22-Jun-2005 15:40

"I've got a great ambition to die of exhaustion rather than boredom." Thomas Carlyle

They're stuffed...no condition report=no leg for the landlord to stand on. If he tries to keep part of your bond without this document he's stuffed and you will get your money back through the tribunal. I would ask him to show you where on the condition report it shows these things are your fault. He won't have an answer for you. Don't do anything else to that property. He is using you to make his own repairs for free! STOP!

There should be a report of things that are wrong with the property when you moved in. Surely they can't keep your bond if things were wrong when you moved in. The bond is held by a separate board and I am sure there are certain conditions upon which it can be withheld.

Documentation is the key. Next time if you move into a place email a list of things that are wrong to the property manager - photograph too. That way it is in writing. Verbals are not a good backup.

Landlords should take it on the chin. I am working on the premise that the place I am moving into soon will be trashed by the previous tenants, if it isn't crap then that is a bonus.

Good luck at your new place and for the tanks in their new home.

Last edited by wish-ga at 22-Jun-2005 22:04

~~~~~~~~~~~~~~~~~~~
~~~ My fish blow kisses at me all day long ~~~

crap.

There is a tenancy agreement.

Its unsigned on our part. Apparently this doesn't matter.

it seems like the agent just ticked Yes to everything, saying it was clean, undamaged and working, where in actual fact an awful lot of things were damaged.

unfortunately the laundry screen isn't marked as being damaged.



For animals, the entire universe has been neatly divided into things to (a) mate with, (b) eat, (c) run away from, and (d) rocks. - Terry Pratchett

ok. as a landlord (landlady you might say) I've seen this kind of stuff before.

A few tips :

1. ALWAYS ALWAYS ALWAYS do an inspection walkthrough with the agent/landlord BEFORE signing anything, and make sure it is written down on the paper before signing.

2. Always double check, triple check what you are signing. Its a contract, remember that.

3. If they are adamant, and that you need the money back, bite the bullet, and get a cheap light fixture (and I mean cheap - if it wasn't there before hand, they won't know what it looked like). Then say that you fixed it, and get the remainder of the bond back. Tell them that, that you'll fix it, give them the receipt for the fixture, tell them to deduct it from your bond and be done with it. Trust me, it ain't worth the hassle.

4. do what adam did, and take lots of photos prior to move-in, date and get two or three copies made. One for you, one for them, and one for a third party, just in case something happens to your copies)

And avoid the agent at all costs.

I've been burnt both as a renter, AND as a landlady. We retained an entire bond from a tenant for extensive damage they did to our house, and they still had the gall to tell us it was our fault, and that it was like that before hand (uhh, no).