Jump to content
Bond dispute - tribunal experiences
7 replies to this topic
Posted 16 November 2012 - 10:29 AM
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.
Posted 16 November 2012 - 10:41 AM
No experiences, but good luck. I'd love to know how it pans out.
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.
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.
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.
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.
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.
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.
0 user(s) are reading this topic
0 members, 0 guests, 0 anonymous users
"As a bald man, I'm very proud of my 2-month-old's hair," wrote new dad Brian Gorham, 32, along with a photo he shared to reddit.
A US woman has been applauded worldwide for sharing a photo of her modest, US$130 engagement ring after a shop assistant labelled it "pathetic".
Mila Kunis and Ashton Kutcher welcomed their second child, USA TODAY has confirmed.
Chan Jae, a 75-year-old man from Korea, missed his grandsons terribly when they moved overseas.
It seems every year that Christmas-themed goodies for kids get less tacky and more stylish.
A dad has shared his genius hack for tackling Christmas shopping with toddlers.
I certainly wasn't shy about medication. In fact, my policy on this was, in the immortal words of Britney Spears, "Gimme gimme more".
Due during the festive season, or just have a love of Christmas?
When an adorable three-year-old spotted a white haired gentleman in a restaurant she naturally assumed he was Santa Claus.
"If, after careful assessment by their maternity care provider, there seems to be no reason why a woman shouldn't be offered a chance at VBAC, then the opportunity should be provided."
It's probably fair to say that broccoli is an acquired taste.
As specialists treat more adults for acne, Lucy Sheref reveals the emotional cost of years spent struggling with the condition.
Of course she does.
A random act of kindness from a stranger in the supermarket brought a mum to tears, exactly when she needed it most.
Hard to Find red nosed reindeer costume with hat, $79.95 "/>
December 25 is just around the corner, and it's the perfect opportunity to dress your bub in a sweet festive outfit.
Top 5 Articles
We asked real women what surprised them during their pregnancy. They've shared their experiences in the hope of preparing the rest of us better for the ride
Research suggests that big headed babies become more intelligent than their smaller peers. One mum shares the positives and negatives of having a big headed baby.
There are some everyday things that parents can do to improve gross motor skills and coordination.
A mum whose daughter was born with an extra thumb says that the extra digit saved her life.
Heather Krueger and Chris Dempsey's origin story began in a darker place than most: with stage 4 liver cancer.
This method, called elimination communication (EC or assisted infant toilet training), is becoming increasingly popular in the West.
Some of the strangest questions about pregnancy - and some of the most bizarre spelling - have made for a hilarious video.
The use of heat packs, along with other aspects of clinical care, can reduce your risk of tearing in birth.
Click through the gallery to read the details and see some of the most memorable monikers in show biz families.