Advice for tenant regarding bond, wear and tear and where is my tenancy agreement?

[KatieR]

I m hoping you can advise me. I recently bought and left my rental after three years. Our motivation was dishonesty regarding a small increase in rent. We were not notified our rent was increased and did not recieve our water bill after we got a new agent, who refused to admit to a mistake but abused us and accused us of lying. After buying we gave about 4-5 weeks notice and allowed 5-8 open homes. When we moved out, we cleaned the carpets and the property only to get a nasty surprise from our agent, who wanted to charge us for a rotted post that happened over a year ago, some small scratches on a door which has been there since we can remember (Probably before we moved in), and cleaning a clean house. We fixed the door anyway, and recleaned the house. She still wasn't happy. When we got confused and asked for a copy of our tenancy agreement, and a specific list of remedial action they required, she told us in email they were billing us for cleaning dust she did not originally mention. This was to a house on a main road, and motorway close by, with a ceiling that was falling down which had been cleaned twice by me to a high standard. So I complained to the supervisor and manager, but was told they worked for landlords. We filed with the tenancy tribunal, but what constitutes reasonable wear and tear on house that hadn't been touched in over 20 years?
Also- as landlords, would you be happy to have tenants for three years your agents had never met?

[eri]

hi Katie

some spaces would help

esp. important when ? are missed and grammar mixed

what does this mean?

I recently bought and left my rental after three years. Our motivation was dishonesty...

[DazRaz]

How much were they trying to charge for cleaning dust?

[KatieR]

hi Katie

some spaces would help

esp. important when ? are missed and grammar mixed

what does this mean?

I recently bought and left my rental after three years. Our motivation was dishonesty...

oops- sorry. I bought a property and moved out of the place I was renting. It would have been more convenient not to buy at present for personal reasons, but being abused by an agent over her own errors was a real motivator!

[mrsaneperson]

Any judgment would be based primarily on the inspection form both you & the landlord would have signed at the beginning of your tenancy.If there was cleaning to be done after you vacated then clearly your landlord would be able to charge you for this . If the scratches on the door were pre existing then this would have been noted on the inspection form, clearly they're not mentioned so you would be billed.Scratches on doors & cleaning would not be constituted as fair wear & tear.If the new agent has now presented you the water bill it still needs to be paid. Any notification of rent increase , 60 days written notice is required.My advice would be, save yourself & your landlord the hassle of dragging this thing around & pay the bill as its only going to waste everyones time & cause stress to both parties. Depending on why the post rotted , you may have some reasonable claim to having this removed from your bill.

[eri]

congrats on owning your own home Katie

if you have it have a good look at the TA you signed when you moved in

don't bother fighting anything in there that states things like "cleaning will be performed at tenants expense"

as said above if stuff seems very unjust, fight it

but in the long run it may be better just to put it behind you and focus on your own house

[KatieR]

I was happy to fix any issues with the cleanliness of the property - but they refused to be specific about what they were and when I asked, they kept talking about charges of $70 an hour for cleaning. I never heard of such a fee to clean nothing!
If I damaged anything, I would have repaired it. I refuse to pay as I did not damage it. I was hoping that it would be covered under reasonable wear and tear as it would make it simpler. I guess I am out of luck. I will still take them to tenancy as I am really offended and hope for the best. I never had any issues with previous landlords and agents, so it has been such a nasty experience!

[JABlog]

Katie, what was the TT outcome.
perhapes as eri says..time to move on..enjoy your new house.

[artemis]

When you say you are taking a case to the TT, what are you basing it on, and what are you asking for? Was there a bond lodged, and if so have you applied for it to be refunded with just your signature? (You can do this.) Was there an inspection form completed at the beginning of the tenancy? And again at the end? Are the items you are concerned about documented there? Have you kept any emails about condition of the property - they will help. For example, if you have asked for a list to remedy and haven't received one, the TT will not be too pleased with them. You are required to leave the property 'reasonably clean and tidy' - that is all. It always helps if you have photos at the start and end of the tenancy. Come back to this thread with info, you will get helpful advice here.

[Perry]

Was there a bond lodged, and if so have you applied for it to be
refunded with just your signature? (You can do this.)

I have a suspicion there's something amiss with that statement.
One party bond releases go from the one party signing, not to
that party.

[artemis]

No, either party can send in the bond refund form with just their own signature. The Bond Centre has a process for dealing with that situation. They contact the other party who may agree to bond release. If they don't agree, the bond is considered in dispute and an application to the TT is required to resolve it.

[Keys]

No, either party can send in the bond refund form with just their own signature. The Bond Centre has a process for dealing with that situation.

Indeed. My Disputes Tribunal hearing is looming soon.

To explain.

If the one signature is to refund the bond in whole or part to the person signing the form, the bond center follows the procedures laid out in the RTA for one party claims.

If the one signature is to refund the bond to the other party, the bond center breaks the law and ..........

Follows the procedures laid out in the RTA for one party claims (not for those in favor of the other party).

The bond center is required to refund the bond to the other party (not the applicant) on the signature of the applicant.

Yes, I will report on the findings of the DT hearing. Yes, I could lose. It will be interesting.

[Perry]

Yes, you're right, Artemis. I had the 'other'
process in mind - sorry. Keys has straight-
ened me out on the details.

[KatieR]

We got to the stage the agent refused to supply us with specific information but I am pretty sure that as their focus was claiming our bond and not repairs/cleaning that nothing that we did would have been satisfactory in terms of cleaning or proof. We have caught the agent out lying on a few occaisions but her stories seem to be accepted by her boss. It isn't one agent- seems to be a culture of keeping part of the bond for every tenant, judging by the two people I kno who rented from them, and left after being abused by other agents and had similar issues with charging money for specious reasons.