Hi guys, I have a super long post basically I was really after any advice and really appreciate it. We have been good tenants rented many property’s and never had a problem but 2 years ago we moved into a new property and it all has gone bad!Shortef version the rental manager was awful I mean super scary we couldn’t ask for anything and she was so scary we gave up asking for our condition entry report, the house wasn’t grand upon moving in and so we fixed a few things ourselves like there was not many down lights working and not even a light in the kitchen so we paid an electrician to put all new in, we fixed the roof as was 2 leaks , we got special chemicals and pressure cleaned the whole outside of the house, we put lights in the oven, exhaust etc , fixed fly screens you name it! Then it was such a hot house we asked if the owner could put fans in but no so we asked if we could put air con in and we pay so we did that then they had a vanity pipe burst and we quickly tried to clean up at 12 am my husband even putting all new pipes in to save them drama etc so we really have tried to be good tenants and that’s only the half of it! So anyway fast forward 2 years and we found a rental that suited better as had land and so we gave notice all proper as it was end of lease. Well after that all odd things happened...my husband got basically abused and questioned as to why we were leaving, they started immediately advertising and having people threw (which I know is normal) then we received 2 water bills and we’d never received any in the whole 2 years , so we thought that’s strange anyway so we cleaned thoroughly as per usual got the pest done and carpets cleaned handed in the keys and asked to be present at the final inspection as we felt trust had gone over years of things we put up with , never got a call and hadn’t heard anything but I drove past to visit a friend and saw the most suss van there which I tried to go round the block but was gone by the time I came back, but over a week later got an email staying the house wasn’t clean enough so we had to pay cleaned and the stove has a massive crack in it!!??? I know no one on here knows me but I swear to you I left that place so clean and when we left the stove was working and no crack! No I didn’t take photos as I didn’t know you couldn’t trust people and we’d not had problems before! Anyway we said no to paying as we’d put so much money into the place and we cleaned that house like scrubbed it! So now there taking us to the tribunal! What do we do? Do we even stand a chance the stress is killing me I can’t eat or sleep, it’s just so unfair we’ve been treated really unfairly and it feels like a movie as we didn’t do anything to the stove and the house was dirty? How do I prove we didn’t do anything ? Somebody did and there blaming us sounds untrue I know please help we are honest people always try to do the right thing but I can’t help feeling we don’t stand a chance against a real estate and I don’t trust them how much can they legally take? I’m worried they’ll make more stuff up! But I have no proof we didn’t break the stove and I know we cleaned so well it’s like someone’s gone in and done it to be awful sounds nuts hanks so much for any advice really appreciate it
Firstly, if you haven't done so, lodge for your bond now. Then let them take you to tribunal if they wish. I would get your story into dot points, sharp and concise. Your post above is long and detailed, but you need short, sharp, dot points for tribunal. Ensure you point out what the agent did wrong, not issuing entry condition report etc. At tribunal be succinct and polite. Don't let them get you riled up. The only time my parents went to tribunal (I went with them), the tenant got quite angry, verbally aggressive towards us and the adjudicator, which didn't help them at all. They'd done the wrong thing and my parents were awarded the bond. Tenants stomped off like kindy children. If you can show receipts for work you did yourselves that would help support your story too. I'd say you have a good case and really have nothing to lose, and don't stress. The worst that can happen is that you have to pay their extortion, but I'd fight it for sure. Good luck.
Hi Summer78 - that sounds like a stressful situation. Another idea could be to consider contacting the state tenants advice service for advice/support.
Pretty much as Wylie above says... From a presentational point of view try and keep to the plain facts and avoid the subjective and emotional elements (ie you received permission and installed aircon - fact, landlord become abusive and questioning - subjective and irrelevant). If you dont do this properly you risk not getting your point across. That you were not provided an ingoing inspection report probably already has them on the back foot. If it makes you feel any better, you dont necessarily have to prove you didnt do something, so much as the they have to prove you did. This is half the reason for a condition report. At the end of the day the tribunal deals with these sort of things all the time so they will see through most of the BS provided you really do keep to the simple facts.
Thank you so much everyone! I dont know how to tag but thanks wylie for all your advice and kindness! I’ve just contacted tenants.org and they tried to help and explain things. One thing they could help with for certain is just how much they’d going for if anyone could help I’d be grateful? So it says Order/s sort Section 187(1)(c) -An order for the payment of an amount of money $363.00 Section 175-An order regarding the payment of a rental bond So does this mean there going for more than just the cleaning amount? Also so sorry I can’t tag and now I can’t see who it was (I’m hopeless with this) but some kind person mentioned not to bring up other things, so the fair trading said to try prove we didn’t do things by listing things we improved and paid for while there so should I not do this? Not sure what to have as evidence
Summer - have a cup of tea, and a nice biscuit - it will be OK Do you have receipts for the carpet cleaning and pest control done? If by chance you haven’t kept them, ring the company and ask for a copy to be emailed to you. For the other work you have had done, check your bank statements/ credit card statements for dates and amounts you have paid. Make a list. If you had vacated and cleaned before the carpets were cleaned, you may be able ask the carpet cleaner if they could provide a statement to say it was clean? Good luck.
Thank you! Yes I have those receipts still for the carpet and pest I’m just looking for other receipts that we spent on the house like all the new down lights etc here’s an example of how well we cleaned! Even the front of the house!
@Summer78 there is an email address and someone's name visible on that screenshot. Let me know if you want me to delete it and you can load it again with them not visible? And definitely take those photos before and after you cleaned the front of the house. When my parents took the tenants to tribunal, I watched the adjudicator's face as he looked at the photos. I knew we had it in the bag by what I watched on his face.
You don't have to prove jack. Legally its very simple and you need to take a breath and calm down. The lessor needs to prove that the premises were not 'reasonably clean'. Or for alleged damage, that the damage was 'intentionally or negligently' caused by you. Its not enough that there was damage at the end of your tenancy. Both those things will not be made out according to you right? So rock up at the tribunal and tell them that. At its core, that's all it is.
They will need to demonstrate the cleaning wasnt reasonable. If it was a new build and they think it will be like new when you depart they are mistaken. Tribunals dont accept that view. You will likely allege the cleaner the owner engaged may have damaged the oven? Those external images indicate you were house proud and went way beyond what is expected. Good luck. Take them on
I would keep the photos that you just posted and receipts. I feel you will be fine. Just remember this: * Lodge your bond request if you didn’t do so * Prepare the story in summary. With dates. Like We have proven to be great tenants by: Cleaning the property and we left it in better condition than received (example the photos you attached) Performed pest and bod clean (invoices attached) So on If it does go to tribunal this structure should help a lot. Remember that there are hundreds of cases each month, tribunal doesn’t have time and would appreciate a good summary. To be honest, they might be just trying to scare you off. I think they know that if it first to tribunal they are likely to lose.
As per the above posts. Yes, it sounds like you are being bullied ! You likely have pics on your phone showing in the background how you maintained the place, the more evidence you can provide the better Make sure you have copies of any requests for things to be fixed, and list of hat these weren't done ! The Air conditioner, I'd be tempted to lodge a counter claim for a % of it's cost (remaining depreciable value) ....... The stove, possibly claimable as wear and tear ? (blame their cleaner as "it was fine when we vacated). Next time, make copies, keep copies, take pics Persist on any request until you get rejected, then when you ask to do any works, wait for authorization prior to doing anything Lesson learned............ Also, should you wish to add a previous posters name it is @theirname (it will often pop up as you type it and you can click on it to autofill ). Also, please use punctuation and spaces in your posts (as it is so much easier to read). You don't need it, but "break a leg"
Hopefully you removed "your" air conditioner when you vacated... if not, you should ask Tribunal for an order that it be returned to you in full working order, and with the remote control.
The landlord and manager give others a bad name. I value my tenants and managers, and they look after me. Mostly. One manager and one tenant were horrible. If going to court, there's a format that could be used, Particulars of claim. This sets out what the matter is about and what you want. In brief. At the top, applicant, respondent and perhaps the case number. Under that in numbered paragraphs say what happened. I use wide margins and 1.5 line spacing. Cite dates, who did what when. Cite evidence. Write neutrally, no emotion, just the facts, mostly those that can be proven. If there are documents or pictures number them and use these numbers. If there are less than 24 then label them A. B, C etc, thus avoiding confusion with the Particulars numbers. New heading, Remedies. This is legal-babble for what you want the court to rule on, pay this, make an order, nail the respondent's feet to the floor, whatever. The numbering should start from one for this section. At the bottom of each page I always put My name and Respondent .... centre page number/total page number tab date Wendy Smith and Property manager ... page 1/4 ... 15.9.20 There can then be no confusion about missing pages. I've sent such documents unsigned in MS Word to a court, all okay, but you may be asked to sign the last page, scan, and send. Do not shoot the respondent until they have paid the cash, and make sure there are no witnesses or CCTV.
I think a core issue here is that an entry condition report was not provided to you. Further to that point, can I clarify whether you took any photos or made note of the condition of the house when you moved in?
