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.
1 user(s) are reading this topic
0 members, 1 guests, 0 anonymous users
Some phrases just pop out before you really think about them, but there are some things you should try to not say to a new mum.
The phone calls started a couple of weeks ago. At about 5.30 each evening - if I am lucky - I will be greeted by a sweet, excited voice declaring: "'Allo Annie".
You sometimes have to wonder whether relationship/sex advice from magazines is designed to help or humiliate.
People used to think that social skills were something kids were born with, not taught.
Lately I've been thinking about the caesarean stories and the brave women who birth their children with strength and beauty.
Scientists have calculated at exactly what age you need to start trying to get pregnant to have the best chance of realising your dream.
Differently abled child
Why are people so concerned for this happy child and his mother?
When it comes to two-year-olds and birthday cakes there are a few requests that are usually at the top of the list. But a cake featuring a local personal injury lawyer?
When we become mums, our instinct to protect our children and keep them safe from harm is so strong we're often likened to a Mama Bear protecting her cubs.
There are no guaranteed ways to avoid the dreaded winter illnesses completely, but there are ways we can boost our children's immunity.
Jade Beall usually chooses to breastfeed her son, now 3, in private. This week, however, she shared portraits of her breastfeeding her preschooler.
Your schedule is not important to your two-year-old, and you cannot convince her otherwise. So what can you do?
A child whose remains were dumped in a suitcase in the South Australian bush is believed to have been a girl aged between two-and-a-half to four.
An Argentinian mum and politician has caused a stir on social media after being filmed breastfeeding her baby.
It was 1am on a cold winter's night when I woke suddenly to the screams of my 12-month-old son. Our lives were about to change forever.
Inflatable and portable children's pools may be required to be sold with compulsory fencing to prevent backyard drownings, with some experts even floating the idea of a ban.
At 11.07am on April 2 this year, Sarah Marriott welcomed baby Sebastian into the world.
These kids' beds definitely fit the brief of providing personality and personal space for little people who are moving up in the world.
Since becoming noticeably pregnant, my son has taken more of an interest in the sibling he'll soon have.
In this age of political correctness, it seems the one subject still subject to discrimination is that of the Only Child.
A neighbour heard a child screaming before a baby was found dead, believed to have been stabbed, in a house in Newcastle.
So far, 206 Samsung washing machines have caught fire and some have exploded. But many remain in people's homes.
We all know that having a baby can turn your life upside down - and it can also bring a raft of new anxieties and worries.
Couples using IVF may be able to choose the gender of their babies and women could be financially compensated for donating their eggs.
Not too young, and not too old. That's reportedly the best age to get married. Not everyone agrees.
Get your free ticket to the Sydney Essential Baby & Toddler Show for September 25-27 - register online now.
Top 5 Articles
I believe that you get out of families what you put into them, and I will give mine my all.
I have had two postnatal psychotic episodes. The first when my eldest child was six weeks old, and another after my second child was born.
French names are always in fashion, but a few have risen in popularity in recent years.
A British woman who gave birth in Spain has told of her ordeal after spending weeks trying to convince medics the baby girl was hers.
Some friends of ours say that it's dangerous to have a dog around a newborn and that we should start looking for a new home for him. Is it?
First Apple and Facebook announced they would pay $20,000 towards the cost of their female employees freezing their eggs, now IBM in the US has come up with an innovative new policy aimed at retaining female employees.
The Duke of Cambridge opened up about family life and his plans for the future in an interview to mark his first day as an air ambulance pilot.
A simple photo taken in front of an evening fire gave new mother Sarah Bowers the power to save her baby's life.
Of all the advice people told me before having a baby, no one warned me about the amount of decisions involved.
Parents of toddlers all know the moment when realise your child is being suspiciously quiet. It can only mean one thing - trouble!
If you have trouble recalling the ages of Jeremy Ryan's seven children on The Voice, you're not alone. So does he.
Getting glasses can be a formative moment in a person's life.
When a mum of six was caught shoplifting nappies, clothes and shoes for her kids, the last thing she expected was for a stranger to pay for her haul.
The risk of having uncontrolled depression is far greater than the small increased risk of birth defects that may be associated with specific antidepressants.
Police have raided properties and arrested a number of people over a brawl at a child's birthday party at a play centre in Sydney's west.
Looking for a creative way to share some big news? Look to the skies, like this family did.
Little Owen DiCandilo's name means "young warrior", and it's a description that perfectly fits the inspiring 18-month-old
The exhaustion that comes with caring for young children often means romance between parents becomes a thing of the past.
I've been fat for pretty much most of life, besides a few crazy moments of being less-fat, but for the most part I've existed on this earth with a little more meat on my bones than desirable.
Since the dawn of civilisation, generation after generation of new parents have had to rely on instinct, trial and error - and sometimes get it wrong.
Get your free ticket to The Essential Baby & Toddler Show and save $20 - register online now!