private landlord refusing to hand back bond

Discussion in 'Property Management' started by kypreo4u, 27th Oct, 2021.

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  1. kypreo4u

    kypreo4u New Member

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    hey guys so i have payed bond to a private landlord we havent moved in and we have decided to not move into due to the place being a dump doors missing no smoke alarms and windows that wont open i payed bond over 3 weeks ago and they have yet to send the money to the bond board. so just wanting to know what leg i stand on thanks
     
    kypreo4u, 27th Oct, 2021
    #1
  2. wylie

    wylie Moderator Staff Member

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    In Queensland there is a time limit for lodging the bond. Failure to do so would cause trouble (and fines) for the landlord.

    Check what that timing is and either report it to that authority or tell the landlord you will report it and see if that prompts them to return the bond.

    Why didn't you notice these things before paying the bond?
     
    wylie, 27th Oct, 2021
    #2
  3. kypreo4u

    kypreo4u New Member

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    the house was well covered and had furniture blocking most of the bomb of the place. i am in sydney nsw
     
    kypreo4u, 27th Oct, 2021
    #3
  4. D.T.

    D.T. Specialist Property Manager Business Member

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    Not sure on NSW rules as each state is different - but in most states there's no cooling off period for tenancies, ie if you've signed your contract and paid money then you're in a contract for the term of it. If the same happened here in SA, we'd be going down the breaklease path.
     
    D.T., 27th Oct, 2021
    #4
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  5. kypreo4u

    kypreo4u New Member

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    no contract has been signed.
     
    kypreo4u, 27th Oct, 2021
    #5
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Has the lease been signed? Did you Lodge the bond to rbonline.nsw.gov.au?

    Have you advised the owner that you're not proceeding?

    Contact the tenants union
     
    Scott No Mates, 27th Oct, 2021
    #6
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  7. kypreo4u

    kypreo4u New Member

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    no lease has been signed advised owner not proceeding .
    payed bond directly to the owner
     
    kypreo4u, 27th Oct, 2021
    #7
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    Always use the Bond Lodgement website. No excuse then.

    Keep following up the owner (in writing & keep a diary of phone calls). Contact Fair Trading for your options.
     
    Scott No Mates, 27th Oct, 2021
    #8
  9. Propin

    Propin Well-Known Member

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    Did they knock back other applications to accept your application? Did it take you three weeks to change your mind? I’d consider telling the landlord they can keep half your bond for the inconvenience as they will likely have an unplanned vacancy and possibly other expenses such as mowing. Other than that you could possibly apply through the court to get some or all back.
     
    Propin, 27th Oct, 2021
    #9
  10. Zepth

    Zepth Well-Known Member

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    One week’s rent is the maximum holding deposit they can take in NSW
     
    Zepth, 27th Oct, 2021
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  11. Michael Mitchell

    Michael Mitchell Property Manager Business Member

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    Make a complaint with the RTA, big fines for not lodging a bond...

    Once the bond is lodged you can apply for a refund - it is not a unilateral decision presiding only to the Lessor...
     
    Michael Mitchell, 27th Oct, 2021
    #11
  12. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    contact the tenants union and see if they will help
     
    Terry_w, 27th Oct, 2021
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  13. Mel Morgan

    Mel Morgan Sydney Property Manager Business Member

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    In NSW contact Services NSW/Fair Trading. Their phone line is relatively helpful. Hopefully you have a receipt and some documentation for the bond.

    Keep communicating with the owner, let them know you are going to authorities to seek the refund.
     
    Mel Morgan, 30th Oct, 2021
    #13
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  14. wylie

    wylie Moderator Staff Member

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    Hopefully if they realise they might be hit with a large fine, they might decide to return the bond. This type of landlord is the type that gives all landlords a bad name. :mad:
     
    wylie, 30th Oct, 2021
    #14
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  15. MB18

    MB18 Well-Known Member

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    As @Zepth says its one week maximum holding deposit in NSW

    Starting a tenancy

    Landlord is required to have provided you a receipt.

    If you were misled over the property the one week deposit must be refunded too.
     
    MB18, 30th Oct, 2021
    #15