Jump to content

Bond dispute - tribunal experiences


  • Please log in to reply
7 replies to this topic

#1 Mumma Mash

Posted 16 November 2012 - 10:29 AM

Hi,
We are going through a bond dispute at present and it's heading to the tribunal.
I am wanting anyone who can share their experiences with me, and any tips/advice to help?
So far we have photographs, stat dec's from cleaners etc, and possible correspondence from the actual RE about the landlords intention and plans for our bond money.
If you can share, either here or via PM it will be greatly appreciated.
Many thanks!

#2 Mousky

Posted 16 November 2012 - 10:41 AM

No experiences, but good luck. I'd love to know how it pans out.

#3 Fluster

Posted 16 November 2012 - 10:50 AM

This is going back a decade and relates to Queensland, however I used to work for a collections agency that went along as 'back room support' for landlords taking troublesome tenants to court.  In reality, we just gave them a bit of confidence and ensured they had their bits of paper together.  

Each party would self represent and would have to present their evidence.  I never saw a case which was even remotely unfair.  Don't allow yourself to get angry or emotional, just present the evidence, be polite and answer all questions honestly.  It wasn't Judge Judy, and it wasn't high school.  

The one thing I will say is 'show up on time'.  Plan to get there early.  There are vindictive landlords who will count on you now showing up, particularly if they know you are working or have young children. If you don't show up, a decision will be made based on the evidence that has already been submitted, and I can assure you it won't be as favourable an outcome to you.

#4 José

Posted 16 November 2012 - 11:40 AM

I went to tribunal this year over repairs required to our rental property which weren't addressed. The guy in charge wax an idiot in my opinion. He had an inflated sense of self importance made stupid jokes and spoke condescending to most people. That made me feel quite uncomfortable. I came to an agreement with the real estate which the guy formalised so I didn't need him to make a decision. The man's attitude and treatment of people would actually make me think twice about taking a matter to tribunal again. Hopefully you will have a better experience.

#5 Froger

Posted 16 November 2012 - 11:53 AM

I've twice been to tribunal over a rental bond which was kept by the landlord, but this is over a decade ago now. Once the landlord was ordered to pay it back, apart from $40 (because I hadn't removed a sticker from a mirror, which was already there when I moved in!)

The other time I couldn't get the money back as the landlord hadn't lodged it with the rental bond board, and the tribunal were not able to deal with that situation.

#6 lynneyours

Posted 16 November 2012 - 02:14 PM

I think you'll be fine - if you have photo's, the bond receipt, etc with you.  All you need to do is show your case.  
You do not have to restore the property to pristine condition, only to that in which you received it.  And you are allowed fair wear and tear - so for example - if you rented a place with brand new carpet, and stayed in the house 10 years, it would not be expected to be "as new".  
But it would be expected to be unstained, no holes etc if that makes sense.

I know a few people who've been to VCAT over various issues, and all of them have said afterwards that they think VCAT sways towards the "little people" and not landlords/big business.  This is from the perspective of both LL and tenants.

Good luck - come back and let us know how you go.

Don't forget the condition report, your lease, your rent receipts, your bond lodgement form, photo's etc. It is all evidence.
Maybe also take evidence you'd paid all utilities etc
The carpet cleaning, gardening, end of lease clean receipts etc.



#7 Mumma Mash

Posted 16 November 2012 - 06:35 PM

So are staines not considered fair wear and tear even though they are barely visible?

Efs - stupid iPad auto correct

Edited by Mumma Mash, 16 November 2012 - 06:36 PM.


#8 Mumma Mash

Posted 17 December 2012 - 03:03 PM

Thought I'd update quickly.

We managed to settle at the mediation and parted with just under 50% of the bond.

Whilst I am not overally happy (who is when they lose $700) with the result, I am glad that it is over and we can all move on and learn from this.






1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

Wondersuit heaven: Bonds & Disney launch exclusive collection

Bonds and Disney fans with babies to buy for will be celebrating this news. Bonds and Disney have just released collaboration Wondersuits.

Town welcomes first baby in 28 years

Since the 1980s, the Italian town of Ostana had not seen the birth of a single baby.

Great-great-grandma delivers great grandchild in her own home

''I've delivered calves, lambs, dogs and cats, but nothing like this.'' This 'Super Gran' calmly peeled the amniotic sac over her great-grandson's head before discovering the umbilical cord was wrapped around his neck ... twice.

How to start teaching your kids road safety

It's something that can be taught as early as possible and reinforced as they get older and more mobile - even from toddlerhood.

Just announced: Bugaboo Cameleon³ Classic+ Collection update

Meet the brand new understated chic model from Bugaboo.

The emotional moment a mum hears her late son's heartbeat

It's been two and a half years since Heather Clark's seven-month-old son Lukas passed away.

Nine reasons why you have 'brain fog'

One minute your productivity is skyrocketing and the next you're sitting there trying to focus – just like that you draw blank, your brain, mush.

I had a caesarean and it was beautiful

Guess what? Despite not pushing him out, I cried, and my heart skipped, and I felt the rush of love and pride when I saw him for the first time.

Microcephaly still a mysterious condition around the world

For parents, having a child with microcephaly can mean a life of uncertainty.

7 baby firsts you won't see on milestone charts

Here are a few 'other' baby firsts you may not have been expecting, but you'll want to be ready for.

Why it's important to vaccinate on time

My son was born on the 1 July 2014. It's a fabulous birthday, don't you think? Not only does the first of July ring in a new financial year, but it also means we've hit the year's half way mark.

Naturopath treatment allegedly left baby "days from death"

A naturopath whose treatment of a baby boy allegedly led to the infant being severely ill has pleaded not guilty to charges against her. 

Andy Murray's emotional speech to pregnant wife after Australian Open

A teary-eyed Andy Murray promised pregnant wife Kim he'd be on the next plane home after his turbulent two weeks at the Australian Open came to an end.

This toddler and his duck BFF will melt your heart

A small boy in the US has struck up a quacking good friendship with an unlikely companion ... his pet duck. 

Great news for coffee drinkers - caffeine is good for your heart

Researchers have found that, contrary to prior belief, caffeine does not cause health-threatening heart palpitations.

I always wanted children - but I've found other ways to be maternal

I've always been one of the most maternal women I know.

When only one parent wants to know the gender

For some couples you either both want to know the gender of your unborn baby, or you don't. For others, it's not that simple.

'No jab no play' could hurt disadvantaged children, experts fear

Tough new "no jab no play" laws could hurt children who have not been immunised due to family dysfunction, poverty, or poor access to medical support, experts warn.

Zika virus: Airlines offer refunds to pregnant women

Airlines and cruise companies across the world are offering refunds or travel credits to pregnant women who are scheduled to visit countries struck by the devastating Zika virus.

#meditateonthis: Mums fight back against PND ignorance

Not all women will require medication, but many will. And there isn't and shouldn't be any shame in that.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Penny Wong

'The most hurtful argument in the marriage equality debate'

Labor frontbencher Penny Wong is used to to hearing arguments against same-sex marriage. But for Australia's most prominent gay politician, one hurts more than others.

Does exercise have to be fun to work?

Some things in life are inherently served with a big scoop of fun: balloons, bubbles, cupcakes to name but a few, but exercise?

Hair dye gives woman second-degree burns

She wanted a fresh colour for 2016, but instead she got chemical burns.

Kelly Slater saves mum and toddler from 'freak wave'

A Perth family has thanked US surfing "legend" Kelly Slater after the star saved a mother and a young toddler from "a freak wave" in Hawaii.

Apple recalls millions of power adapters

Tech giant instigates massive international recall of power point adapters due to risk of electric shock.

Toddler's adorable alphabet goes viral

It's impossible not to share this little boy's excitement  about the alphabet.

Tot's nighttime waking saves family's life

Like all tired parents, Monique and Kyle Ruppel were looking forward to the day their 15-month-old daughter Celia would start sleeping through the night. 

Australian mum gives birth to quintuplets

An Australian mum who has shared the ups and downs of carrying quintuplets has welcomed her five babies into the world.

Dad of four girls faints at gender reveal for fifth baby

It was all too much excitement for this dad.

The simple way you can help your baby's language development

The way parents respond to their child's babbling can shape how their infants communicate.

Zika virus is 'spreading explosively': WHO

The World Health Organization announced that it will convene an emergency meeting about Zika.

National database recommended for child protection cases

Baby Ebony was repeatedly failed by the agencies tasked with her protection before her horrific death at the hands of her father, South Australia's deputy coroner says.

Hospitals put babies at risk by ignoring policy on elective caesareans

Thirty-eight weeks or 39? Non-medical factors are pushing women to have elective caesareans earlier than official guidelines - and hospitals are playing along.

Police help deliver baby on busy roadside

Two police officers delivered more than a traffic fine by the side of a busy Melbourne road yesterday.

1D's Louis Tomlinson shares first photo of baby

One Direction's Louis Tomlinson has posted the first picture of his baby boy, Freddie, on social media.

 

FREE TICKET

Free first aid demonstrations daily

Get your free ticket to the Essential Baby & Toddler Show and save $20 - register online now!

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.