Qcat

Discussion in 'Property Management' started by Kirra, 23rd Jan, 2018.

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  1. Kirra

    Kirra Member

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    23rd Jan, 2018
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    I recently moved out of my rental property, i paid for a professional bond clean, carpet clean and pest spray. I left the house in immaculate condition.

    I handed back in the keys and the following day i got an email from the property manager saying she was disappointed with the property and that i had until 5pm the next evening to provide receipts or she was claiming my bond.

    So i then scanned and emailed my receipts as requested and asked what the issues were with the property, i received no response. The following morning i received a email from the RTA stating that there they had made a claim on my full bond with no reasons given ( this was before the 5pm deadline they gave me)

    I lodged my dispute with the RTA and received a call a week ago saying that the property manager refuses to enter into mediation and they were claiming full bond but wouldn't give details as to what was wrong with the property.

    I have now raised a case with Qcat, submitting photos, receipts and the entry report asking for my full bond back.

    I have also raised a claim for a rental reduction for non working aircon for the duration (3 years) of my tenancy. When i rented the property it is was in Ad for the house and entry report that it was a working unit. Luckily i discovered it wasnt and commented that on the entry report. I asked the estate agent on several occasions via phone to have it fixed but they said the owner refused and if i pushed it and breached him he wouldn't renew my lease so i had little choice to but to accept it.

    I have photos and proof it wasnt working and also have a copy of their latest ad on realestate.com saying it is a working unit.

    So what are my chances at Qcat and what can i expect to happen on the day?

    Im actually feeling really aggrieved by this at no point have i been given an opportunity to rectify whatever they believe is wrong with the house and by refusing mediation they have forced me to spend even more of my money to try and get back money that is rightfully mine and possibly wait months and months to receive it back.
     
  2. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    QCAT is very tenant frienydly in my experience. The property managers on here will have a lot more experience than I though.
     
  3. Tom Rivera

    Tom Rivera Property Manager Business Member

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    Can I clarify that you were not issued with a Form 14a Exit Condition Report at any time?
     
  4. Joynz

    Joynz Well-Known Member

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    I wonder if it’s better not to tag on the claim about the air con?

    In my (non property manager) opinion, that could muddy the waters.

    If you wanted the air con fixed, you had three years to go through the correct process and get a rent reduction then. Or move out.

    If you renewed the lease during that period, it might seem like you agreed to the current conditions.
     
  5. Kirra

    Kirra Member

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    No exit form was issued to me. Infact i didn't know i had to do one until i started searching these forums for information.
     
  6. Kirra

    Kirra Member

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    We did renew the lease, simply as we were saving to buy a house and couldn't afford to move.
     
  7. Kirra

    Kirra Member

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    Ive just gone back and triple checked all my correspondence from them and no exit form was ever provided. The only one they sent me was an intention to leave form 13.
     
  8. wylie

    wylie Moderator Staff Member

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    This makes my blood boil. Stand your ground. I doubt they will get anywhere and I'd also leave in the aircon claim there as that might help your case.

    Please come back and let us know how you get on.

    I'm sitting here right now arranging refund of bond for amazing tenants who are leaving. Landlords (or agents) who bulldoze owners like you've been bulldozed disgust me.

    Good luck. I hope the QCAT adjudicator rips into the agent for doing this.
     
  9. willair

    willair Well-Known Member Premium Member

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    Maybe try something like this ,they seem to get traction very quickly with consumer tendencies..
    I'm outside of Australia. Why can't I watch 9Now?
     
  10. Kirra

    Kirra Member

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    Im so so cranky about the whole thing. Weve been great tenants. Rent paid on time, never an issue when they did inspections.

    Ive now been hearing stories from other people that have had the same treatment from them but didn't bother with Qcat because they put it in the "to hard basket" which i guess is what they are relying on.

    On further inspection of my entry report i did find other fairly substantial damage to thing that they totally overlooked that thankfully i noted in the copy that i signed and returned to them.
     
    wylie likes this.
  11. Scott No Mates

    Scott No Mates Well-Known Member

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    When you get a hearing date, make sure you're prepared with at least 3 copies of anything you need to present eg inspection reports, entry/exit report, cleaning invoices, emails requesting repairs, diary notes etc.

    Even if they refund the bond beforehand attend the QCAT to get your costs and judgement.