Tenancy End Dispute

I wonder if you maybe spoke to multiple people ?

But either way, the reason owner & agent as well as agent & tenant do everything written, is to prevent such mix ups, and if the owner held no keys, and you did, they could hardly start putting possessions etc in the place.

Agent should not have allowed this situation to occur, it should have been clear IMO, I would clear it up with them though so they give good references.

This sort of thing happens to landlords a lot too, where you have to let things go.

 

We have had a similar situation many years ago with a self managing landlord insisting we owed $116 at the end of our tenancy and insisting we pay before they released the bond. We could prove otherwise but ended up paying the money to get the bond release signed. Could have taken it to the tribunal but it wasn't worth the loss of our time and the aggravation. We just moved on. The time required to defend the principle of the matter versus getting our bond back quickly was just not worth it.

 

Not necessary in all cases. If the end of tenancy date was agreed on in writing, why has the agent not attended the property on the date agreed upon to see if the tenant has actually vacated.

Might be different in every state but in SA, keys being returned to the office is not required for vacant possession. What was going to happen if keys were not to be returned at all? this would not equal infinite rent. If this was to go to tribunal I would argue that vacant possession was given but the property manager has no proof to demonstrate I hadn't left the keys on the table for them.....

Really it comes down to is the stuffing around worth the small amount of the bond verses your time? If you have time, take them on and then also report them to their local ethics board if they are a member.

 

No I'm 99% sure its the same in each state - because a common law principle concerning when vacant possession is granted. Return of the keys is only one factor, but obviously sometimes a big factor in determining when vacant possession is granted.

 

Yeah completely agree that it might be seen as a big factor in some cases but I would happily take my chances if I was the tenant in this case and had the time to burn. I think this really comes back to a money vs effort situation- sure would annoy you though if it happened as its a lose\lose situation.