After end of lease inspection dispute

Discussion in 'Property Management' started by Jimmybird, 13th Dec, 2019.

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  1. Jimmybird

    Jimmybird Member

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    Hi all
    I’m just curious if any body can advise me on the following...
    Does any time have to be given to a tenant that has vacated a property (after their lease has ended/final end of lease has commenced) to return to the property for any corrections that need doing, which have been noted down on their final inspection/end of lease report? (ie things like gardening/cleaning etc) and if so how long do they have to return do so after being given notice that such things need addressing?

    also, if it changes anything, the tenant agreed to move out sooner than the lease ending (without signing an updated lease)on the owners behalf, for renovations (not to be re-tenanted)

    thank you and muchly appreciated, Jimmy
     
  2. thatbum

    thatbum Well-Known Member

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    1. No
    2. No

    I'm confused though. What exactly do you want to happen?
     
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  3. Jimmybird

    Jimmybird Member

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    i ended my lease/handed my keys in early in early last week in favour of the owner so that they could do renovations to their house, and after the final inspection the property manager notified me that some additional weeding needed doing, and that they’d gone ahead and had their own gardener go in (without giving me the me the opportunity to have my own party or myself enter (No keys needed) to do it, a gew dead strands of tall grass in between some plants that I’d missed and is saying that i owe them $300 whether it be out of my bond or direct debit.
    I kinda thought your answer would be the case but i just find it a really unfair considering the circumstances, I’d put myself out and done the owners so many favours whilst i lived their
    and it was also by no means worth anything like $300
    It was also a new property manager that started on the day with seemingly no hand over, which probably didn’t help.
    What i want to happen if for me to get my money back, all of my bond plus the $600 i over paid them, i could have pulled those weeds out easily for nothing
    But if I don’t have a leg to stand on i will just have to wear it i guess
     
  4. Jimmybird

    Jimmybird Member

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    And thanks for the reply =)
     
  5. thatbum

    thatbum Well-Known Member

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    Well its important to ask the right questions, because from the actual detail you've given I'd be very surprised if you were liable for the $300.

    Why do you assume that you are? Just because they tell you so? Why would you be liable for some grass between plants?

    If you're a tenant in WA you can get phone advice from Tenancy WA, or your nearest tenancy advocate service, which is usually in your local community legal centre. Its probably a good idea to get proper advice from someone who can hear the whole story if you have the time to tell it.
     
  6. Team Tenant

    Team Tenant Member

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    1. No they are not obligated to let you re-enter the property to clean or garden once you have vacated http://www.tenancywa.org.au/sites/default/files/Version 3 June 2016 Disposal of the Bond.pdf "In the Residential Tenancies Act the landlord is referred to as the lessor. The lessor is required to give you reasonable opportunity to be present at the inspection and you should make every effort to attend the final inspection. If the property needs any further cleaning, the lessor may give you access to the property to do the work yourself. They may not, however, be obliged to do so (it may be reasonable for them to get a cleaner and add the bill to what they claim you owe them)2 . Similarly you are not obliged to do this work yourself (you can let the lessor sort it out and pay the bill)"

    2. Very nice of you to agree and move out earlier, but makes no difference to their claim. Just because you did them a favour, don't expect the landlord to do one for you.

    I hope you have ingoing/outgoing property condition reports, and photos. I'd compare the two and see if their claims for $$$ are justified. You are only required to leave it in a similar condition from when you first moved in, minus wear and tear. Also, in WA From 1 July 2013 ‘Property Condition Reports’ (PCRs) are compulsory when entering and ending a tenancy agreement. When you leave the property, the lessor must give you a copy of the PCR within 14 days of you leaving the premises" so make sure the PCR was provided for end of lease within 14 days of you vacating.
     
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  7. D.T.

    D.T. Specialist Property Manager Business Member

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    Not required to give you opportunity.

    Doesn't sound like you over paid. Just because you left earlier doesnt change your contract date.

    And yet you didn't so someone else had to.

    300 sounds a lot for gardening. We don't have many gardening bills that big unless lots of work needed. Keep in mind i havent seen it, but i think you'd have grounds to question the amount, but not its existence.
     
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  8. Jimmybird

    Jimmybird Member

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    nah I actually did over pay nearly 600 rent accidentally, it was set up with deft and i forgot to cancel it.
    which they then refused to give back for quite some time.
    They seemed to be trying to hold it as long ad possible and sounded like they’d rather deduct from that than the bond. Less aperwork or something...

    i did everything that i could bar go to court to dispute it, which i was almost tempted to do just because i felt bullied by them and wanted to make my point to them that what they wanted was excessive.
    I spoke to the gardener and it turned out that he hadn’t even been to the property yet when they were trying to bill me for it.
    She’d lied and said it had already been done and wanted 300$ before he’d even seen the job.

    The gardening he did was excessive, the owners were present (give it a birthday, we’re not paying it felt like to me)
    And i sent them before and after pictures showing them before i moved in and after the gardener had been to show that excessive gardening had been done!

    but they pretty much bullied me into paying it by,
    Not agreeing to lesser the price, holding my bond money and holding my rent money.

    i could have ridden it out but it was getting stressful waking up and checking and sending emails so i just decided to let them have it and move on from it.

    My property manager friend told me to let it go to court as they would have been stupid to for 30 and probably would have negotiated instead..
    But i just didn’t want to wait any longer
    Even though i could have, got fed up of it.

    thank you everyone for your replys
    I now would like advice on how to delete this thread if no one has anything left to say as like i say i just want to forget about it all haha
     
  9. Jimmybird

    Jimmybird Member

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    300*
     
  10. Team Tenant

    Team Tenant Member

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    So did they refund you the overpaid rent?
     
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