Bond Claim and Entry Report

Hello All,

I am assisting my sister and have some questions if anyone could give thier input.

She vacated her property last month, the agent inspected the property and came back with a "N" on every item under Clean on the condition report. And included 60 pages of photos a total of 360.

She emailed myself at 9am and gave me too 2 pm to rectify the clean, I went with the kids and re-wiped or cleaned missed areas. I do know I didnt compete the list and some cleaning may actually be required.

She also noted some damage, in our hall the front door had made an indent in the wall as there was no door stop. I had patched it and painted but in the right light you could see it due to fresh paint. She has also listed damage that was there before us moving in which she advised it was not on the report.

The following day she recieved an email from the RTA and the agent has requested my full bond of $1880.00 reason: cleaning.

We emailed the agent asking why they are claiming $1880, along with looking for photos we took on entry as when the agent returned the entry report they have scanned in black and white therefore we can not refer to the photos, On entry I didnt write many things as the photos capured markings, cracks and the overall state of the property. The property wasnt 100% clean on entry, marks on things ans aircon filters filthy, nothing to jump up and down over though. We also added 22 photos of large cracks around doors and skirting which was not shown on entry and asked they include which they did.

I wrote to the agent letting them know if they look at photos we provided in the report they will see the previous damage and also that walls were marked etc.

They responded that they are charging cleaning of $390 and $220 for painter

We owe for final waterbill and the garage door stopped working when we were moving not sure what the issue was with it, they have billed us $120 and as i am not sure what went wrong with it i was going to pay for the repair.

This where i need some information:

We have mediation in 2 weeks and I need a colour copy of entry report as it shows the actual entry conditions of the property. They have not responded, which makes m think they dont have a colour copy on file (maybe in archive). What can i do without a colour copy to show them?

They also state they worked off entry report, which i doubt as they have mixed up bedroom 3 and 4 listing items on bedroom 4 that is in our entry report of level 3 and also mixed up dining and loungeroom area... something you wouldnt do if you could see photos. So can an agent work off a black and white copy which does not show any details in photos and say it was of the same standard? 22 general photos on entry 360 on Exit?

I agree that some cleaning was needed, as i left 2 woolies freezer bags ontop of cupboard, forgot to wipe a cupboard out and light front light bulb and kids paint on a brick outside. $380 though? I asked for an itemised list of what was cleaned and they havent sent. What would a reasonable amount for a cleaner be? I would say $40max per hour on a min $120 call out? So they are saying 9 hours of cleaning was required, would i be right in that assumption? And why wouldnt the agent send an itemised bill to say what was cleaned?

Question about bond claim, the agent claimed the entire $1880 for cleaning when submitting thier claim, had i misd read the email and accepted the RTA would have sent the $1880 to the agent and i would have had to go to small claims to get backz however the damages they are seeking is only aprox $800 is this right? RTA website states any undisputed amount will be refunded but as they claimed with entire amount the RTA wont release the $1000. This doesnt seem right to myself.

I would like to mention we had a constant roof leak, major water stains in some areas. A hole in the garage roof plasterboard for 5 months and not fixed until we moved out and had 3 inspections per week for 4 weeks during QLD covid lock down, they held 2 open inspections until i had to make a complaint that 8 people are entering my sisyer home with her 6 kids there in th middle of a pandemic and QLD law was 2 People max per house. This led to a request almost daily for viewings, which she only allowed the 3 per week, does anyone know what the reasonable amount of viewing would be Normally without disturbing a tennant? This caused alot Distress but she could only push back so much?

Sorry for long winded post? If anyone know or can point myself in the right direction, i just feel sending a black and white copy is like sending back a copy of a contract with half the terms removed and filing a claim for $1880 when according to them is only $390.00 for cleaning (disputing) is making a false claim.

When calling RTA and asking for the $1000 back while we dispute the rest and they wont release it, makes me know dispute the garage door? Can I request a copy of invoice and be able to speak to repairer about what the issue was? Did the motor die? Or was actual damage caused?

I have attached a few photos of entry (black and white) and exit (colour) reports.

Any help will be great, thank you in advance

Pete

 

Unless those first images are literally scans of paper copies of reports from another property management product that they no longer use, they will definitely still have original photos on file.

I'm unfamiliar with specific products in the RE industry, but the most likely will be either Console or PropertyMe (I'm sure one of the PMs here will be able to identify by the format alone). I will say that those photos are hideous quality, and I really can't see how they would be able to win at tribunal if that's what they were planning on presenting as evidence of entry condition.

What model of garage door opener was it do you know? I had a failed B&D Control-a-door 4, and when I got a garage door mob in to quote on repairing it they just said I was better off chucking it and getting a brand new one for $660 installed including disposal.

 

Final is PMe, ingoing looks like Rentfind (possibly but I haven’t used it in years).

Unless the management was transferred during your tenancy they should have the originals, and just general photos are not showing the actual condition of the property. They’ve clearly relied on you to correct the report because they couldn’t be bothered doing it properly.

I would be following @wylie advice, but to speed up the process ask for all the proof upfront including broken down invoices. Do it in writing and CC the principal, either that will get their butt into gear or it won’t and you can prove to the tribunal member that you have attempted to discuss this.

Sounds like there was a few things to be done and maybe you didn’t do them all, but it also seems the PM has either been really lazy at the ingoing/or a different PM did the final with higher expectations.

I generally say 24 hours to reattend minor issues is reasonable, but I don’t know what is considered in QLD. There’s no requirement for us to allow a tenant back once they’ve returned keys, but again I don’t know if QLD is different. @Michael Mitchell ?

 

Organise your submission properly - @Wyllie provided some pointers.

Request the colour copies from the agent (why doesn't your sister have the scanned copy which was sent to her originally? Also add her response to the ingoing condition report.

Dented wall - wear and tear.
Why are you offering to pay the repair of the roller shutter, did you damage it or did it fail?

Is cleaning $380 or $390? Be consistent. Can a cleaner do an adequate job in a couple of hours on a 4 bedroom multi-storey house?

The costs still don't come up to $1880.

 

6 kids in a 3 bed?

 

Hi Mat,

Thanks for your reply, yeah the link at the bottom is for Inspection Manager, not sure if they use anymore but we have requested many times and to no avail.

I will have to ask my sister on the garage motor, the weekend of hand back it didn't want to open, it was rarely used as the garage was storage space and kids off season clothes. she tried to get someone out to look over the weekend, but with Covid was not possible and being last minute. she said yep they can just invoice me for it. it happens, but now we want everything to be above board and want to see actual a service record and to see was it us or was it old and its time to go.....

 

Thank you for your response.

I will certainly be keeping it short and sweet, I am hopping this can be settled through mediation however just trying to prepare as much as possible. If not we will go to QCAT and ill be sure to have it emotionless.

Sorry if it is confusing, I do a lot of things for my sister as she has her hands full with the kids.

thank you once again.

 

Hi Scott No Mates,

Thank you we have the 3 way phone call next week, if not resolved we will be sure to complete the submission as per the requirements. I do know i ramble a lot.

On entry she had the 29 page Colour copy entry inside her pack, It included photos the captured the main things and had number references next to there comments, we added the main concerns like cracks in skirting, paint bubbling etc took our photos added them to a word doc and submitted them to the agent. My sister received a scanned copy back a few days later which is the only copy that was returned.

3 times in the last month we have requested a colour copy of the report and referring them to the photos we included showing the the dent, but we have not received anything back.

That is my main question with that is, is it common to get a black and white copy returned especially when notes states refer to Image, I am not a lawyer but it doesn't seem right to myself and looking for advise? is this common practice? when on the phone with RTA and Agent it will be my first request to have that copy.

If Damage was caused by her or the kids she will pay to fix it, like she has had too, the garage door was bad timing within 48hrs of handover, could not see what was wrong with it. emailed Sunday to advise along with dropping keys back, inspection Monday morning she said in her email that if they could organise someone to repair and it was us who broke it she will pay, the sent an invoice with no information about what it was.

My next big question was: Why would a real estate request the amount of $1880 the day after inspection when if we did not dispute the amount they are requesting in repairs and our final water read it totals no more than $880.

 

3 girls 3 boy and my Sister in a 4 Bedroom

 

Thanks for the reply,

I am should found out soon enough about the condition report if they have one or not.

As my sister cleaned the property in intervals as she had time, what she really needed to do was go over everything once again with a dry clean cloth polishing water marks off some fixtures, my brother entered after she had finished and put 3 foot prints on the tiles and as for the rest - it will show in the condition report. It is a case of higher expectations on the Exit than the entry as she has included a photo of every mark or spot in the property. On entry they do not include them and the photos we added of major issues like cracks in walls show many marks and spots on walls, skirting, window sills etc Last night in Libre presentations i pointed everyone of them and Bold circled the areas they are claiming for painting, I personally cleaned the walls and the paint is so **** it is either ceiling pant or they used that $14.95 Bunnings paint as it is so rough and chalky that any mark actually stains the paint and if i cleaned anymore i would be sanding it back.

I have read the tenancy act and I did not see anywhere that it was a requirement to let her back in, I may be wrong. We are thank full for that, she went in and polished up, went through the list and took photos but she still missed somethings at most i would say a minimum call out fee, In Vic its around $120 (2.5hrs work billed for 3).

As for Painter, it is all in the entry report.

I just cant find laws or practices about the condition reports

 

I will be standing firm on all of these issues to the end, for my sister of course it is about the money. For myself i have spent the last 6 months dealing with my rental agent with an huge issue and having to teach myself (with a thanks to a few of you) regarding laws and requirements and had my submission ready for QCAT for when the non-reconciliation letter came. we came to an agreement but at some point i will still send that one to someone as what happened with me, could have been avoidable if our agent had the power to pay the repairs and not ask for owners permission.

That lead me to learn all about the Tenancy Act, Minimum housing standards, building codes, EPA and now something just isn't sitting right about this.

The lack of transparency, the fact that every box under Clean says N for no, the black and white entry and not supplying us with one so we can say look there it is...

But what gets me is putting a claim for the complete bond before knowing the damages, then after contracting services and not amending the amount on the claim so money that is undisputed can be released, as the act states.

Taking a photo of every mark and water mark inside of the property when if you are going off the entry are you maintaining the same standard as the entry? my photos show marks all over on entry.

So this one I am taking to the end, As its not right that agents can claim a full bond when less than half is actual damages and the actual owner of the funds has to prove their innocence, while a "professional" just chooses not to respond to emails, produces their own invoices for services to be paid and requires the money owner to fight. So I will stand my ground on this one.

I know i have put emotions into these posts, when it comes to writing for QCAT it wont be. With my dispute i did myself. This week I am seeking legal advice as those 2 things just don't seem right.

 

That's not entirely true. Subject to any claim based on a section of law that alters the standard, the onus is actually on them to substantiate their claims at tribunal to the standard of "balance of probabilities" - i.e. they must have enough evidence to convince the tribunal member or magistrate that it is at least 51% likely that their claim is the correct one. Any claim which cannot be substantiated cannot succeed.

If the photos they sent you are all they have, they have zero chance of being able to prove their claims. Once you're actually in front of the tribunal (assuming it comes to that and they don't back down a couple of days before) you'll likely find that a lot of their claims fall apart quite quickly. PMs on this forum often say that the tribunals are very much biased in favour of the tenant - perhaps that's just a matter of perception, perhaps not.