Real Estate Agency not happy with carpet cleaning and threatens to charge bond for extra cleaning

dodgybrothers on 09/02/2016 - 10:32
Last edited 09/02/2016 - 10:32

Hi guys

so i live in Melbourne, finishing my tenancy contact on 18/02/16 , i was on monthly contract.

now i have recently (few days ago) got my carpet steam cleaned and produced a receipt to rental agency but they said there are still some stains on carpet which needs to be removed;

we have 2 kids, under 4 years and i accept that there some stains and we have tried a lot but couldn't remove all; in my contract there is no such a condition that i ll have to steam clean carpet when moving out. as per http://www.tenantsact.org.au/FAQRetrieve.aspx?ID=36384 and VCAT it not compulsory to have a carpet steam clean when end contract.

i would like mention here that carpet was new when we moved into property 4 years ago; the carpet is not damaged or anything it just there are 3 or 4 stains in lounge area otherwise carpet is all clean in both bedrooms and corridor area.

what can i do in this condition ? any suggestion ?

thank you all

Home & Garden

Comments

  • purplelady on 09/02/2016 - 10:45

    Not sure about this, but I am under the impression that things need to be left as close as possible as how I got it in the first place. So yeah, i got freaked out if I stained anything when I was renting (Even when I dropped a drop of nail polish).

    About the carpet steam, I'm pretty sure if you've lived in the property for more than 1-2 years, you have to steam it.

    If I were you, I'd probably contact the steaming company and tell them the agent is not happy and ask them to redo it again? (when I book the cleaners, I usually say upfront if the agent is not happy, I'd give their number to the agent to deal with directly).

    Oh, I am in NSW but.

    • miarn on 09/02/2016 - 10:49
      +3

      things need to be left as close as possible as how I got it in the first place

      True, with the exception that the tenant's not liable for normal wear and tear.

      I'm pretty sure if you've lived in the property for more than 1-2 years, you have to steam it.

      Completely untrue - nothing in the RTA or the OP's lease requires him/her to steam clean the carpets.

      • dodgybrothers on 09/02/2016 - 10:54

        thanks magicmoose,
        "True, with the exception that the tenant's not liable for normal wear and tear."

        thats extacly VCAT and http://www.tenantsact.org.au/ mentioned on their site but no definition of 'Normal' wear and tear !

        can the some stains count as normal wear and tear ?

        • miarn on 09/02/2016 - 10:54

          See my comment below - probably depends on the type of stain.

    • dodgybrothers on 09/02/2016 - 10:51

      thanks lilmisswendy !

      apparently VIC and NSW have different laws, there is no such a thing that i have to steam clean carpet if live for certain period of time, however 3 times i have steam cleaned it, this is the last time;

      i have already contacted cleaning company but yet to receive any response.

  • miarn on 09/02/2016 - 10:52
    +2

    You are correct in that you don't need to have them steam cleaned. However, you are liable for damage caused to the property, though not normal wear and tear. So probably it depends a lot on what sort of stains they are - if they are just dirty marks from feet/furniture etc., you're OK. If they are stains from spillage/pets accidents etc. then you are probably liable.

  • AuzzieGumtree on 09/02/2016 - 10:56

    Did you get the carpets professionally cleaned? ie you didn't hire a carpet cleaner yourself.

    • dodgybrothers on 09/02/2016 - 10:57

      it was professionally cleaned !

  • dodgybrothers on 09/02/2016 - 10:58

    please see here carpet pics http://imgur.com/8kWotYw

    • AuzzieGumtree on 09/02/2016 - 11:28
      +2

      They look, to me, like fair wear and tear for 4 years of family living. But some real estates will try and hold the bond back. I was in a similar situation when i rented a couple of years ago (in Vic) and I successfully took the real estate to court and got 100% of the bond back. Just make sure you are pre-pared get all your documentation together including photo's and receipts. It doesn't cost you anything to go to court just your time - i actually quite enjoyed watching the real estate agent squirm as she didn't have any documentation and the landlord couldn't be bothered turning up.

      What is the bond recovery process?

      One of two things must happen for the bond to be withdrawn from the account at the end of the tenancy:

      1) the original signatories to the bond lodgement account must sign a Joint Application for Disposal of Security Bond Form (Form 4); OR
      2) an order for the release of the bond money must be made by the court.
      The bond cannot be taken out of the account by you or the owner unless you both agree OR the court makes an order.

      • dodgybrothers on 09/02/2016 - 11:39

        thanks AuzzieGumtree !

        court is the last option, actually i do not know bond recovery process, always thought if you give property in good condition without any big damage and give early notice than you can get full bond back.

  • vikingbrad on 09/02/2016 - 11:33

    Pretty standard attempt by owners/real estate to get extra money.

    Had same thing happen rented property in Sydney.

    I contacted carpet cleaning company, asked them to do it again and provide me written assurances cleaning was done to a professional standard. (email or pdf letter ok) Submitted to realestate/landlord, not accepted.

    I then took to tribunal which appointed mediator. Presented letters to mediator, said all OK, real estate/owner agreed to drop claim.

    depends how much effort you want to make. Document everything, only accept their replies via email not verbal. ie if you have phone call if they refuse to email, email them back with summary of phone call.

  • mskeggs on 09/02/2016 - 11:34
    +4

    I am a landlord, so I am empathetic to their position, but the stains aren't bad, from your pics, and you have done the right thing by professionally cleaning.
    I would let the agent know you consider it normal wear and tear, that you have a receipt for professional cleaing and you'll be happy to go to the tribunal if the agent feels this isn't the case.

    • dodgybrothers on 09/02/2016 - 11:43
      +1

      thanks mskeggs, since i have been in this property always treated just like my own home, except carpet, the windows, doors and garden is in much better condition than what we were given , and even never missed a rent throughout tenancy but now when ending tenancy facing all these issues.

  • CyberMurning on 09/02/2016 - 11:53
    +1

    agents are crappy bastards.

    hint: next time just say to agents "i want to use your cleaning company, just deduct my bond and give me the receipt/invoice" maybe $25 more expensive but the agent cant complain about the result. or you can take a risk and get your cheaper cleaning and get all sort of troubles from agents.

    • dodgybrothers on 09/02/2016 - 11:58
      +1

      this is really good idea but now i have bought a house so there wont be next time :)

      • CyberMurning on 09/02/2016 - 11:59

        who knows??? maybe sometimes in the future you decide to convert into investment and you renting again (if at the end you get extra income, why not - you can earn more and save more and later buy more)

    • purplelady on 09/02/2016 - 13:07

      Yeah, unless the agent doesn't give me any recommendation, then I usually use the agent's

  • altomic on 09/02/2016 - 15:20

    Rental real estate agents. For the most part they are scum. The decent ones seem to be the exception to the rule.

    7 years ago moved out of my house in Albury to Brisbane. Albury real estate agent " there is a cobweb in the corner of the second bedroom, we're going to take $100 to get a cleaner in to remove it". Seriously! Take the broom from the kitchen(5 meters away) and remove it and stop being a twat.

  • oscargamer on 09/02/2016 - 18:53
    +1

    carpets have an expected life of 10 years for a rental property (page 28)

    https://www.ato.gov.au/uploadedFiles/Content/MEI/downloads/i…

    your argument with the agent needs to be that the carpets are now at 40% of their expected life (fair wear and tear). if that is the case, then give me my deposit you ashles.

    • Peck on 10/02/2016 - 11:45
      +1

      True, and even shorter if not owner occupied use (tenants never take care of things as well as owners). And carpets are a haven for dirt and bacteria. However the carpets look pretty good to me for 4 years of tenant use. There will always be stains that cannot come out = Normal wear & tear!!

    • dodgybrothers on 10/02/2016 - 13:27

      thanks oscargamer !!

      I will add this point in report which I m preparing for consumer vic if they continue winging

  • backpaqer on 10/02/2016 - 11:43
    +1

    Lease I had in VIC (via Buxton) stipulated carpets had to be steam cleaned. But as we were only in there for 10 months and didn't really use all the rooms we only had the main rooms and stairs cleaned and just gave the rest a good vacuuming and the agent thanked us for leaving the place in an amazingly clean state. Though the carpets had a few marks before we moved in - the agent got a carpet mob in to spot clean the marks and made them worse - not our fault. No issues with bond return here.

  • CyberMurning on 10/02/2016 - 11:49

    how about the other side of story:

    RE agent screw landlord by having "deal" with a handyman, where every 6 month, "guaranteed" the unit will need "a fix" Handyman get constant $ and agent receive commision from handyman.
    or handyman always put 10% extra on the invoice because he need to give agent 5% for each job

  • WT on 10/02/2016 - 21:15

    Have you tried vanish on the stains? Instructions are on the back, use a brush or sponge with elbow grease. Just dont go oveboard with the water since it will take ages to dry.

    I have gotten some pretty bad stuff with it, blood, dried red wine, mystery stains. Just used normal detergent on some.

    Also works on car cloth seats, carpet, trim etc.

  • dodgybrothers on 15/02/2016 - 13:51

    thanks guys for your suggestions and ideas !!!

    well… guess what .. karma haunted down the rental agent, as they were disputing about carpet issue, last weekend hot water boiler were busted and wet all carpet in lounge area… at first glance it appeared they required replacement, anyways not my issue now :)

  • bluedufflecoat on 16/02/2016 - 10:28

    interesting tips for renters and landlords:
    http://www.domain.com.au/news/ten-things-melbourne-tenants-a…

Login or Join to leave a comment
Login Join