NSW Left rental, agent asking for money for damages. Advice needed

Hello, we are located in NSW, we ended our tenancy and before we moved out the agent let through a potential new tenant. When they done this we asked them to please let us know what they'd like us to do before we vacate the property.
There was some scratches on the floor where our couch had been so they asked us to fix those up and fix up the backyard.

We done what they requested and vacated the property.

The day we handed in the keys we asked them to please let us know of any issues so we can fix them as soon as possible.

We heard nothing back from them and received our whole bond back so we though there was no issue. Until we received an email with a quote to fix up the scratches.

We informed them that we fixed the scratches up, but if it was not upto their standards they should've let us know.

Since then (talking nearly 3 months now) we've been asking for exit condition report, photos of said scratches as well as more information about repairs needed.

We have also asked for our overpaid rent on multiple occasions.

They continue to not respond to our emails or respond and completely ignore previous requests. We complained to their higher up person at their real estate so we are finally getting some where. Although they've told us they will not pay us our overpaid rent until we pay for repairs. I've already done some research and they have to pay us our overpaid rent within 14 days of us asking for it. So I will be mentioning this to them.

But what are our rights in regards to our request about repairs?
All they have done is sent us 2 photos. And a quote.

They have not mentioned where the scratches are, what date photos where taken ect and are refusing to give us a copy of the exit condition report.


He originally gave us a quote of 880 but said owner will accept 440. We are more then happy to pay of any repairs needed but we feel like the agent isn't going the right way about it.

Also for reference I will attach a photo of the scratches originally and after we repaired them

Also note, the whole house has floor boards and there is wear and tear scratches all over them so the floor wasn't in perfect condition to begin with. You also can't see the area they are trying to claim for until your right up close. From a distance it looks completely fine

 

I'll also note all times we have contacted the agent we have done so via SMS or email so we have absolutely everything in writing ..


They did try to call us in regards to repairs but ignored all calls so we would have proof of any communication

 

Thanks for the reply.

They owe us just over $500

Also we did move into our current rental about a week before handing back the keys (we used that week to do cleaning and everything else) and we knew they had entered the property a few times without informing us, we know this as we'd close blinds and we'd return to blinds open ect. But they denied entering the property and unfortunately we have no proof that they done so.

So I am unsure when they took the two photos they sent us but the photos they sent of the condition of the floor did not look the same as when we handed in the keys. Hence asking them for dates and times that they took those photos.

Thankfully we took our own time stamped photos of absolutely everything before we left.

Throughout our whole time at this rental the agent was useless. Would never respond to emails. Would take weeks to fix issues or not fix them at all. Just wasn't a pleasant experience dealing with them and was part of the reason we left in the first place.

 

Yeah look sorry but that damage to the floor doesn’t look like fair wear n tear.

To me it looks like the scratches were caused by carelessness.

But if the whole house was full of similar scratches to begin with then I’d say it’s tough luck for the landlord. The whole house would need to be resanded and polished.

 

Agree with datto above, looks more like being careless but depends on the condition on the rest of the floor.

Surprised the gouges in the floor posted by wylie were ruled as fair but individual cases vary....

 

Although I agree from a landlords perspective that the scratches are more than just superficial, I don't understand what leg they have to stand on.

They accepted the repairs and returned the bond. Correct me if I can wrong, but Legally they cannot keep the over paid rent!

Why did the agent come back after the initial okay and Bond return?

 

I'm surprised you got the bond back if there were alleged damages?

It almost sounds as though a PM has dropped the ball somewhere along the line and that after accusing everyone else you are offering the least resistance.

I cant think how you would have been given your bond back if there was an issue, or how you overpaid your rent either?

 

How come your rent was overpaid?

 

Seems like the OP has done everything right and as another poster(s) mentioned you might be the path of least resistance due to the agent stuffing up.

Question: Was the agent aware of the scratches on the floor and the fact you'd tried to repair them prior to them giving back the bond?

 

There was overpaid rent as the day we paid rent each fortnight put as ahead about a week.
Because we moved out halfway through the rent cycle we overpaid about 5 days rent.


Yes, the agent was aware of the scratches. About a week before we handed in the keys the house was empty. So when he took someone through for an inspection we asked him to let us know everything he'd like us to clean, fix up ect.

His main concern was the scratched area and the yard.

So we fixed the scratches the best we could using the floor polish they had in the shed. It did look much better but of course we were also willing to get it fixed further if needed. Just thought we'd try fix it ourselves first. I was even in the process of getting quotes to get it repaired further if needed.

We returned the keys to the real estate agent business letter box after hours and emailed him first thing the next morning and asked him to let us know of any issues once he done the final inspection.
He went to the house that night and just sent us a text and photo asking about a missing window handle. He mentioned nothing else. So we though everything was sweet.

He said he would do the final inspection the next evening with the owner (Though I think only one final inspection is allowed?)
And we never heard from him again, until he sent through a quote for repairing the floor over 2 weeks later.

 

Often, people use a special, coloured wax crayon to fix scratches - e.g. from Bunnings.

if all you did was use normal wax, it might have looked better at first but looked just as bad once the wax dried.

 

We tried the crayons but it didn't work very well.

We also done the wax the previous day and went back and checked on it and took photos the next day before returning the keys

 

Yes, but what did it look like a week later once the wax dried...

 

Good point. And I have no idea.
Because we used such a small amount honestly thought it was dry. Looked and felt dry. Wasn't aware it would take a week or so to properly dry

 

The photos the agent sent us, looked very similar to what we have photos of. There is just a few very tiny marks. The floor also appeared to be dirty but we mopped right before leaving and the floor was spotless when we left.

 

We have polished timber at home.
So paid thousands extra to have timber style tiles to be put in our IP to avoid this.

Based on the pics, fair wear and tear (even though the second is orientated wrong), sure as a landlord I wouldn't be happy about it, but I have also gone to pull the couch out of the corner and done this (and it covers a lot of this area when in place).....

The issue's the OP has are seperate !

The bond has been refunded, even though the managing agent has failed to provide an exit report !

The rent in advance has nothing to do with the bond or damage and should have been refunded 14 days after application !

The owner is complaining to the PM, and the PM is now bluffing you !

Dispute it all with the managing agent and ask for a written/email reply within 2 working days, or then lodge a dispute with the tenancy tribunal in your state

Fair wear and tear is an ongoing dispute, many owners can't accept wear and tear because they go to such lenghths to preserve their ppor !

Our polished floorboards at home are 6yo, we pad/mop daily and they look near new (except under my rocking "grandpa chair" ) where there are scratches

Could/would never rent out a property with real polished flooring

 

Bond has been refunded, so it’s too late now. Looks like fair wear and tear to me anyway, at least that’s what I’d argue. Tell them to take the matter to tribunal because you’re not paying for fair wear and tear.

Ask them to refund your over paid rent immediately, otherwise you will be lodging an application with tribunal. Real estate agent won’t want to risk it as they’re knowingly breaching the law and held to a much higher standard. If they’re not aware, then they’re incompetent.

 

This is a hard one. My thoughts of the process are that the agent has largely been negligent in their duties, but you also damaged the floor and should be responsible for the repair.

I think if you pushed, you could get away with going to tribunal and getting your money back. You probably wouldn't have to pay for the further repairs either. You probably wouldn't get a good rental reference from them, but it depends if that really matters to you. The Agent probably deserves a kick up the A** from the owner for being slack too.

The scratches after your repair still seem conspicuous to me based on the photo provided, but not so much so that they'd necessarily stand out against a floor that was otherwise worn. I'd probably need more photos to give you a better opinion on that.