Tenants damaged my property then made a claim of bond after moving out immediately

Trust me, if this rule was introduced, it would be lessors that would be the loser most of the time - by far.

 

LOL @ $700, that's a disincentive fee, they don't want to go, probably because they didn't do their job well and they will lose. Yes you can go and handle it yourself. xCAT is for lay people - no lawyers etc and affordable for all to get justice. I would recommend you do some research and take this up upon yourself, if nothing more for the life experience

 

I can't relate to shifty Lessor/Agents who try and do unscrupulous bond claims because that's not me, but it absolutely ****s me off when a Tenant goes and rushes a bond claim (thinking they are being 'smart') eliminating the 'discussion' portion, and then forcing me to go through DR and xCAT, and when that happens, any good will is gone, and I will go for absolutely everything and anything because they've now forced my hand and wasted my time and money (I don't charge my Owners to go to xCAT and I only play to win so it's my time which is money to me).

 

Sorry just jumping in, this is actually incorrect.

Victoria now has an almost identical process to NSW and renters can claim their bond, even before moving out. They’re not meant to, of course - but they can.

This was introduced with the new RTA regs last year.

@Patricia yes you can go yourself if you wish. Perhaps negotiate on that management agreement while you’re at it

 

I've applied to VCAT recently and a case has been opened. Am now awaiting a hearing date, probably several months from now. Happy to wait.

Did it all on my own. Short and simple. Only facts along with evidence to back it. Plenty of before and after photos, condition report, quotes, invoice etc. Found the process of doing it on my own rather cathartic and satisfying.

Will keep you all updated on my VCAT experience.

 

I cannot find anything in the Residential Tenancies Regulations 2021 about lodging a bond application with VCAT.

CAV Bond claims and refunds says
"If you can’t agree on the bond, either the renter or the rental provider can apply to the Victorian Civil and Administrative Tribunal (VCAT) for a decision ... When there is a bond dispute, any party can apply to VCAT to resolve the dispute."

Hence, there must be a dispute before a bond matter is lodged with VCAT. If there has been no final inspection, no final condition report and no LL/PM view on the bond then there's no dispute, so VCAT cannot accept a a bond application.

 

OUCH! $700 up front! I agree with @Michael Mitchell that's a disincentive fee....!

How much damage is there? Around the value of the bond, or much more? Tribunal has no enforcement powers so if you need to claim well over the bond, there's not a huge chance of getting that back unfortunately. Do you have insurance?

 

You have to realise that there a lot of tenants out there who do this because of being on the opposite end of the same situation.

i.e. they have moved out of a rental only to find the landlord or agent have submitted a claim against their bond without the discussion/negotiation part and forced the tenant to go to xCAT to defend themselves if they want the bond back.

It unfortunately has turned into a situation where it's a race to get your claim in first to avoid having to pay filing fees and hold the burden of proof later.

 

I know, understand and empathise from both sides. If it wasn't such a nuance to roll back a bond claim, the process could save a lot of headaches. There is a lot that could be improved.

 

It would be nice if the relationship between tenant and owner/agent didn’t have to feel so combative all the time. Unfortunately like many things, the small number of horrible people on either side have ruined it for everyone else