Jump to content

Bond dispute - tribunal experiences


  • Please log in to reply
8 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 copham

Posted 16 November 2012 - 11:50 AM

DH and I just finished at the Tribunal in QLD as our tenant moved out of our house and refused to pay for water, broke the stove and a water tap, kept the keys so we had to get a locksmith in to change the locks. When we went through mediation the lady said oh no it seems fair for them not to pay $xxxx but we were not happy so took it further. In the courts we were found to have a case and receives the FULL bond amount & more but haven't seen a cent (apart from bond cheque) as the old tenants are meant to make arrangements to pay is so I am not holding my breath.
When we went to court we had all the paperwork including the lease, repairs and changes we HAD to do because of the tenants and all the invoices to what we had paid. We were prepared and had photos to prove our point. If you have the evidence you should be right although our old tenants had false stat decs about rubbish that had apparently been 'overlooked' by us :/ it has made me put the house through the real estate so we don't have to deal with it as I would never privately rent again.

#6 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.

#7 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.



#8 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.


#9 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

 

Clever panda fakes pregnancy

News that a giant panda was pregnant prompted much excitement, but it appears there were never any cubs on the way.

'I survived placenta percreta'

When writing her birth plan, Simone Pavil included an item most women wouldn?t even think about: what should happen if she was put on life support. The mum had the potentially fatal condition placenta accreta.

Managing personal space as a mum

In the midst of the early parenting years, our bodies and minds can seemingly be overtaken by our offspring. How can we balance our need for personal space with the needs of our children?

'If love could have saved you, you'd have never left'

The words "spontaneous abortion" on the hospital paperwork really got to me. My baby died; I didn't spontaneously decide to abort him.

15 classic Aussie ads

Watch some of the classic Australian ads of the 80s, 90s and 00s, and remember the catchphrases and jingles we all used to know so well ...

For and against

Should Blue Ivy have been at the VMAs?

Many were quick to condemn Beyonce and Jay Z after appearing on stage at the MTV Video Music Awards with their two-year-old daughter, but others thought it was a sweet family moment. What do you think?

Toddler attacked at gym creche

Two-year-old girl Eva Ness was left with a black eye and bite marks on her face and body after an altercation with an older child at a health club's child-minding facilities. Now her parents are calling for the centre to be closed.

Pregnancy a tricky matter of timing for FIFO couples

Manipulating rosters, coordinating 'conjugal' visits, working on site with your partner; getting pregnant can prove stressful for FIFO workers.

WIN a $100 RedBalloon for Dad

Enter now for your chance to win 1 of 5 $100 RedBalloon experience vouchers. Helping you make Dad's Day EXTRA HAPPY.

Carseats have twice as many germs as a toilet

Most parents know their child's carseat is not always squeaky clean, but they might not realise just how dirty it really is.

Doctors remove foetus from 'medical marvel' after 36 years

Doctors in India have removed the skeleton of a foetus that had been inside a woman for 36 years.

Nine months in six seconds: new parents' Vine clip a hit

We?ve seen some memorable time-lapse pregnancy and birth announcement videos before. Now one new couple has taken it to the extreme, capturing it all in just a six-second Vine video.

Sonia Kruger speaks of baby joy

Celebrity mum-to-be Sonia Kruger has spoken candidly about using donor eggs and IVF to fall pregnant at age 48.

Dressing to not impress: life through the eyes of a three-year-old

When it comes to getting dressed, my three-year-old has only one criterion: ?I don?t want to look beautiful.? And now I've worked out why.

Special nappies made with love for angel babies

Angel Baby Nappies make and provide tiny bereavement cloth nappies for pre-term stillborn babies and premature babies who pass away in the NICU.

Inside the brain of a tantruming toddler

What's going on in your child's mind in the lead-up to a tantrum? And what?s the best way to respond?

5 secrets to a long-lasting relationship

When it comes to keeping your relationship strong, it?s what you do - and not what you want - that really matters.

When 'furbabies' meet real babies

I am obsessed with my dogs, and can't imagine loving them any less once my baby arrives. But that doesn't stop everyone from telling me I will.

The least popular baby names of 2013

Looking for a baby name that?s nowhere near the top 10 ? or even the top 1000? Try the bottom five.

'I was so sleep deprived I crashed my car'

There are no laws regulating driving while tired, but statistics show that driver fatigue is one of the top three contributors to the road toll.

Win back some precious time and get FREE coupons

Membership to eBay's Bubs? Corner is free and includes a $10 coupon to spend on nappies each month - a win for multitasking mums!

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

WIN a $100 RedBalloon for Dad

Enter now for your chance to win 1 of 5 $100 RedBalloon experience vouchers. Helping you make Dad's Day EXTRA HAPPY.

Win back some precious time and get FREE coupons

Membership to eBay's Bubs? Corner is free and includes a $10 coupon to spend on nappies each month - a win for multitasking mums!

Do you suffer from Precious Firstborn Syndrome?

Testing ?no more tears? shampoo in your own eyes, warming cucumber sticks so they're not cold straight from the fridge, waking a sleeping baby to check they?re still breathing: these are all symptoms of Precious Firstborn Syndrome.

Ezra's tragic death not in vain, mum says

Little Ezra was a "Harry Houdini" who loved trying to escape the family home. Now, after his tragic death, his parents are doing what they can to help others.

7 mistakes old hands make with new babies

As I sat across the table from my friend ? me, a seasoned mother of three; her, a brand new mum ? I thought of all the mistakes an old-hand parent can make when visiting a newborn baby.

Video: When adults act like children

Ever wondered what would happen if adults were allowed to act like children? This dad's hilarious video clip will give you an idea of what life would be like.

Mums hit hardest as flu cases skyrocket

The number of confirmed cases of influenza in Australia has doubled the number for the same time last year - and women are 25 per cent more likely to get it.

The mum who had four babies in nine months

Feeling exhausted due to the demands of caring for a baby? Imagine the life of this mum, who gave birth to three boys and one girl in just nine months.

Everything baby at Big W

Lowest prices on everything baby, only at Big W. Sale starts August 4 and ends August 20 2014.

Going viral

Outrage over baby's icy challenge

A man has been reported to child protective services after taking the ALS ice bucket challenge with his 10-month-old granddaughter.

Personalised baby gifts

We've scoured the internet to find gorgeous personalised keepsakes and nursery decor to record baby name and dates. They make great gifts for christenings, name days and birthdays! (All prices in AU.)

 

Mind, body, beauty, life

Making time for me

We look at your wellbeing, covering health, relationships, beauty and fashion, mind and body.

 
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.