QLD bond claim

Discussion in 'Property Management' started by mun5, 23rd Aug, 2017.

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  1. mun5

    mun5 Well-Known Member

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    Hi

    In QLD, can quotations be used to make bond claims? I can't seem to find it stated in the legislation. However, I can find it stated quite explicitly in NSW RTA:

    "A landlord, landlord’s agent or a person on behalf of a landlord who makes a claim for payment of a rental bond without the consent of the tenant must give the tenant:
    ...
    (b) copies of any estimates, quotes, invoices or receipts for work for which the rental bond is claimed."

    Anyone know if it's quotations are allowed in QLD like in NSW?

    Thanks
     
  2. KayTea

    KayTea Well-Known Member

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  3. willair

    willair Well-Known Member Premium Member

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  4. mun5

    mun5 Well-Known Member

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  5. willair

    willair Well-Known Member Premium Member

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    The Qld-RTA have very helpful staff,maybe just give them a ring..
     
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  6. mun5

    mun5 Well-Known Member

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    I wonder why QLD RTA doesn't make it clear and explicit in writing.
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

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    Proof is in the invoice, a quote doesn't confirm that you have been put to any expense, you haven't rectified anything. Until you have paid, you don't have evidence. However, if you are making a claim on the bond, a quote is a bargaining chip - you're telling the tenant that it will cost $X to make good/repair, their job is to either fix it themselves or negotiate what is acceptable. If they disagree, it can go to the tribunal (where you'll need proof).
     
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  8. mun5

    mun5 Well-Known Member

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    Even if the tribunal rules in the landlord's favour, how is the invoice balance meant to be paid off without bond money? How is the landlord meant to find cash to settle the invoice?

    That logic doesn't sound quite right. For instance, if the landlord decides to leave the damage unrepaired temporarily (and, perhaps, lower rent for future tenants), will there be no damage awarded then?

    Also, according to Mitigating loss after lease breaks | Residential Tenancies Authority

    "Damage to property: Evidence required - Quotes or invoices detailing the work done"

    Even though the above link describes lease breaks, shouldn't the spirit be the same?
     
  9. Tom Rivera

    Tom Rivera Property Manager Business Member

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    @Scott No Mates is absolutely correct. They will not pay out on costs that you haven't incurred, quotes are really only bargaining chips to come to an agreement with the tenant directly.

    In a perfect world the court system would be efficient and you would be refunded the bond in time to pay the trades, but because of the lengthy process you're really expected to pay the invoice and seek compensation via the bond.

    If the Landlord leaves the damage without repair, they will not be awarded any
    compensation.

    The idea of the process is to stop landlords getting quotes for all sorts of things that may or may not be legitimate claims, then getting paid out and then ignoring or DIY repairing the item and pocketing the cash.

    It is painful and creates for all sorts of situations where Landlords end up deciding to leave damage as it is, or repairing it themselves at their own cost, because they understand that they probably wont be awarded the costs in court, which then leaves them out of pocket for professional repairs.
     
  10. Marg4000

    Marg4000 Well-Known Member

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    It should be a huge concern if a landlord's finances are so precarious that a repair bill can't be paid.

    Things always go wrong at the worst possible time, so a decent buffer is essential.
    Marg
     
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  11. Scott No Mates

    Scott No Mates Well-Known Member

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    Obviously the landlord shouldn't enter into a contract if they don't have the capacity to pay.

    Maybe they should be declaring bankruptcy instead.
     
  12. Tanya1335

    Tanya1335 Well-Known Member

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    Exactly right, quotes are a bargaining chip, I would only proceed to QCAT with copy of invoice or risk having the case thrown out
     
  13. mun5

    mun5 Well-Known Member

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    So, does that mean QCAT only awards compensation for rectification and not loss in value?
     
  14. Scott No Mates

    Scott No Mates Well-Known Member

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    You can't provide adequate proof if you haven't paid for a repair. However, you may be able to argue that you are to replace the item in x years and this has to be brought forward by ?? years as evidenced by your original QS report and new QS report. ie Buckleys. Quotes only suffice for negotiations with the tenant, invoices hold water in QCAT.
     
  15. Tom Rivera

    Tom Rivera Property Manager Business Member

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    Hypothetically, they don't exactly have a 'policy' as per your statement, but the reality is exactly as you say.

    I'm not aware of any case where an agent or landlord has successfully argued "excessive wear and tear" (i.e. loss of value not requiring replacement) without having rectified it as damage.
     
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