Clueless Young Tenant. Agent Only Returned 1/10 of The Bond

ripesashimi on 31/07/2017 - 23:39
Last edited 31/07/2017 - 23:53

Im 23 yo male tenant and have not received the bond 18 months after I moved out and now only the agent said I am only returned 1/10 of it.

In the last inspection, he pointed out the various damages including toilet seat, window winder, loose basin tap, loose shower head, blind clutch and chain, smoke alarm, new exhaust and heat lamp, light bulbs,… all of which I have noticed them during my tenancy but he kept delaying on fixing them until I moved out. Despite we have cleaned the apartment before moving out, he was not happy enough and said he would hire a cleaner and charged me for that. I said I would redo the cleaning myself (at this point I have already moved out), he gave me the key and charged me 2 days extra of tenancy.

He said he needed to call someone to evaluate the damages but that took forever. I tried to reach him multiple times, left my contact number but recently when I finally got to see him, he said the same thing that he tried to reach me multiple times.

I think I'm not responsible for most of the damages since doesn't agent have to pay for all damages/depreciation during tenancy? It was a 5-year-tenancy and a lot of things have worn out.

I'm now thinking of applying for VCAT but worried about the extra cost if I lose or withdraw the application. The only images that I have were the apartment at its initial stage without these damages and don't help me case at all.

Any advice are appreciated at this point. I'm struggling with all the living costs right now and now this.

Home & Garden

Comments

    • D C on 31/07/2017 - 23:53
      +40

      I'm wondering how you wear out a window. "You kids stop looking outside, we're not getting a new window if you wear that one out!"

      • ripesashimi on 01/08/2017 - 00:00
        +7

        About that, this is a genuine question: if you wind your windows up every morning for the past five years during your tenancy, now it's worn out and stops working then is the cost of fixing that on me? Same with the light bulbs, which were working at the inspection. Now after the evaluation, he told me its broken. Do I have to pay that too?

        • ripesashimi on 01/08/2017 - 00:06

          @Spackbace:
          There are 4 broken bulbs that I only found out now after 18 months. There weren't broken at the inspection but after the evaluation, he said they were.

        • spackbace on 01/08/2017 - 00:08
          -4

          @ripesashimi:

          Sounds like a lot of 'he said she said' except with so much time passing and no evidence it won't be easy.

        • ripesashimi on 01/08/2017 - 00:11

          @Spackbace: I thought so too but I dont know what I could have done. I was there at the inspection but … maybe I should have recorded it?

        • D C on 01/08/2017 - 00:47
          +1

          @ripesashimi: Light bulbs are generally your responsibility.

        • D C on 01/08/2017 - 00:51
          +2

          if you wind your windows up every morning for the past five years during your tenancy, now it's worn out and stops working then

          That's wear & tear, that's the agents problem. 'Wear & tear' is a bit of a fuzzy one, basically how long should a window winder last? I'd assume more than 5 years.

          It's different if you break the winder by pushing the window open - you broke it so you pay for that.

      • bobbified on 01/08/2017 - 12:14

        I LOL'd at this comment! haha

        • D C on 01/08/2017 - 17:56
          +1

          Kinda reminded me of a short story about 'slow glass'. Google tells me it's called "Light of Other Days" by Bob Shaw.

          Worth a read.

    • spackbace on 31/07/2017 - 23:59
      -7

      I'm struggling with all the living costs right now and now this.

      So 18 months later you decide you need the cash? Who waits 18 months for a resolution?! The place has been tenanted for that time now and you have no pictures of the place as you left

      • ripesashimi on 01/08/2017 - 00:02
        +1

        I didnt know what to do beside calling and checking up on him. The advice that I took before renting on my own was to take pictures before you move in.

        • D C on 01/08/2017 - 00:46

          That's so if something was broken when you moved in, you can prove it wasn't you who did it.

          You're in the opposite situation.

          (And you give the photos to the real estate agent along with the inspection report.)

  • mylovelyminion on 01/08/2017 - 00:06
    +4

    It sounds like you are based in Victoria, so you had better give this website a bit of a read, it gives you some information about bonds. https://www.tuv.org.au/advice/bond/

    • ripesashimi on 01/08/2017 - 00:08

      Hi I read the website but it is not specific to my situation.

      • mylovelyminion on 01/08/2017 - 00:41
        +10

        Have a read of: https://www.tuv.org.au/advice/vcat-fees-costs/

        The fee for an application is quite small. The landlord actually has an obligation to provide you with details on why they are keeping the bond with receipts. You will likely find that once you make an application to go to the VCAT that your landlord will actually provide you with more of your bond back. Also you could call the advice helpline to give you some more information about how you can proceed with your situation: https://www.tuv.org.au/tenants-help-line/

  • sraymond on 01/08/2017 - 00:25
    +7

    Only avenue is to go to VCAT. They see these cases all the time and are a wake up to sleazy REA's.

    https://www.vcat.vic.gov.au/resources/application-form-gener…

    • ripesashimi on 01/08/2017 - 00:29

      I know but I dont have a piece of evidence supporting my situation at all. I dont even know what an evidence for this case should be.

      • garetz on 01/08/2017 - 06:11
        +9

        The onus of proof is on the real estate agent to prove you did the damage, he has to show that he visited often, and when the damage was done, and prove that you are at fault.

        You have your word, that it was all wear and tear over 5 years, and that you did not do the damage. Whats also important is, if this damage was your fault, it should of been taken care of when it happened, not at the end of your tenancy.

        It might be best for you to see a solicitor, and like sraymond said goto VCAT.

      • [Deactivated] on 01/08/2017 - 09:07
        +1

        Do you have your correspondence with the agent, for when you asked them to do repairs?

        • ripesashimi on 01/08/2017 - 11:17
          +1

          No. The reception is down stair so most of the time I just walked down there and talked to them. Frankly, that's the only way to reach him. I now realise how this is working agsint me.

    • MrTweek on 02/08/2017 - 15:54
      +7

      This!

      The landlord/agent will be required to produce evidence for every single cent he is taking from you.
      He will also need to explain why it took him 18 months to do that.
      I believe, normally an agent needs to do that within 10 business days, unless there is a good reason why this was not possible.

      No way a vcat member will consider 18 months as reasonable.
      Send him a letter stating that you want the money back within 14 days and threaten to go to VCAT otherwise.
      Go to VCAT if he doesn't pay.

  • Steptoe on 01/08/2017 - 00:43
    +1

    Did you sign anything at the final inspection, and/or receive a copy?

    • ripesashimi on 01/08/2017 - 02:31

      I received the copy listing all the damages. I have listed above in the post.

  • spal on 01/08/2017 - 05:08
    +1

    Onus is also on the agent to show that it is not normal wear and tear, and that your caused the damage. You lived there for 5 years, and the winder would be older than 5 years. It could be normal wear and tear. Also, they will have to provide receipts for each repair work. All of this needs to have happened within reasonable time. Doesn't he needs your acknowledgement on the final inspection report. So you would have known about these prior to now.

  • TheBilly on 01/08/2017 - 06:16
    +2

    Tbh you lived there for 5 years, 18 months later you are struggling with living expenses so this issue has become more important to you. He doesnt have any evidence by the sound of it, neither do you, so its all a he said she said excercise. Im not supporting the REA but to be honest you sound like you want to have a go but no leg to stand on. If it was me, just cut your losses (if you can call that losses) you are struggling as it is, focus on more fruitful endeavours. Pro rata that cost over 5 years and just feel better about it knowing that you just walked away from it and had to not repair anything extra over.

    • MrTweek on 02/08/2017 - 15:59
      +5

      Sorry, but that is rubbish.
      That he said she said game has to be played right after tenant moves out.
      It's on the agent/landlord to produce evidence.
      18 months later, this is barely possible.
      Agent should have made their claims 17.5 months ago and refund the rest.

      And agents now that, so there's no excuse for them.
      Sounds like a dodgy agent to me.

      • TheBilly on 02/08/2017 - 20:45
        +3

        Thats a really strong conclusion given you dont know the full story. How something like this drags on for 1.5 years is beyond me. Your only hearing 1 side.

  • whooah1979 on 01/08/2017 - 06:39
    +9

    Im 23 yo male tenant and have not received the bond 18 months after I moved out

    it sounds like you were about 16 to 17 when you signed the lease. we yet to meet a boy at this age that could look after a property with care.

    • Zachary on 01/08/2017 - 11:55

      Better than living with parents and or other siblings…

    • thefud on 02/08/2017 - 22:38
      +2

      Rented since the age of 17. Am 25 year old male. Never lost a cent to bond. Always respected all 8 properties in every state I've lived and been ahead in rent.

      Don't generalise. Not all young males are scum bag tenants.

  • whooah1979 on 01/08/2017 - 06:47

    he pointed out the various damages including toilet seat, window winder, loose basin tap, loose shower head, blind clutch and chain, smoke alarm, new exhaust and heat lamp, light bulbs,

    Some of these items may wear out and some may not.

    • cameldownunder on 02/08/2017 - 11:02
      +2

      In my house, I would have fixed all that stuff myself. Including Light Bulbs. Quality LED "Light Bulbs" can be expensive.
      I cannot see how it is possible to break a Smoke Alarm. Nor a toilet seat. Blind clutch and chain, I can imagine, but that would be my fault.
      Back when I was renting, I would change light bulbs, readjust toilet seat before it breaks, tighten shower heads.
      My Interpretation of this scenario is that you paid very little for the apartment, and the REA and Landlord, where quite happy to keep you there at a low price,
      in exchange for no maintenance during your tenancy. You were OK of not having anything repaired, so your rental cost would not go up.
      When you moved out, this all changed, and all broken stuff hat to be taken care of.
      You thought you would get away without any expenses, and that's why you didn't follow up with anything. Turns out you didn't.

  • [Deactivated] on 01/08/2017 - 07:09
    +11

    These are all wear and tear general maintenance issues. Get in contact with tenancy tribunal ASAP. Make sure he actually lodged your bond to start with.(Also remember the folk here are the tightarsed landlords, get professional advice).

  • [Deactivated] on 01/08/2017 - 09:17
    +1

    All the agents that I have had have been either incompetent, or dodgy (or both). Take this as a lesson that they will try to swindle you. If something breaks, take notes and photographs, and save the correspondence (always in writing). If you put it all in Google drive or OneNote it will be safe and ready to go.

    In this case, gather any correspondence you have, to show that the agent was doing what you say (avoiding fixing things), then go through the list and make notes on each item for what you remember. I don't know much about VCAT, but I would hope that if you can prove that he has not been acting in good faith, that it might give more weight to your words.

  • o53djz7qTPY4der on 01/08/2017 - 09:20
    +8

    18 months passing since you moved out an only now you're thinking of going to VCAT?

    I'd have given them two weeks, at most, to return my bond then gone to VCAT about him not returning the bond.

  • bobbified on 01/08/2017 - 09:31
    +3

    have not received the bond 18 months after I moved out
    I'm struggling with all the living costs right now

    18 months…?!?! That's enough time to rebuild the whole house!
    I would've physically gone to the agency if I hadn't heard anything within a couple of weeks.

    When I moved out a couple of months ago, my first phone call to the agent was three days after the final inspection to find out the status of the bond. The signed form arrived at the RTBA two days later.

    Your best bet is to get together all your documentation and lodge a hearing with VCAT as soon as possible.

    • ripesashimi on 01/08/2017 - 11:22

      I did come to them multiple times. Since calling doesn't work, I dropped a handwritting letter. I talked to his staffs.

      • bobbified on 01/08/2017 - 11:46

        Have you still got copies of the letter and records of your calls? That will help your case when it goes to VCAT.

        It's a bit late now, but I would've escalated the issue to VCAT much earlier. 18 months is a long time to wait. A lot of renters would need the bond refunded really quick - the RTBA themselves recognises this and processes the completed forms within a couple of days.

        • ripesashimi on 01/08/2017 - 12:27

          I think I can seek call history from service provider but not the record.

        • MrTweek on 02/08/2017 - 16:02

          @ripesashimi:

          Good enough.
          Even screenshots from your phone will do as evidence.

  • thord on 01/08/2017 - 10:14
    +10

    You should've lodged a bond return as soon as you moved out.

    Anyway, fight it. You were there for 5 years, almost everything will be normal wear and tear. Take it to VCAT if you need to. The agent will lose. Use your photos as evidence. Write things down. It's the agents responsibility to prove that something happened that wasn't normal wear and tear. If they fail to prove anything, then your bond is returned in full.

  • Zachary on 01/08/2017 - 11:52
    +1

    various damages including toilet seat

    Geez, what did you do to that poor toilet…?

    • jaypick on 01/08/2017 - 23:20
      +3

      went full dumb and dumber

    • rambao9 on 02/08/2017 - 10:49

      giant poop that stained and corroded the seat.

    • TheBilly on 02/08/2017 - 20:47
      +1

      Intense batting session

  • [Deactivated] on 01/08/2017 - 12:03
    +2

    If what you say is true, just lodge a complaint to REA and lodge for your full refund from VCAT.

    This scenario stinks of REA incompetency, negligence and dishonesty, OR this is not the entire story.

    • ripesashimi on 01/08/2017 - 12:28

      I found out just now that the agent has claimed my bond 14 months ago. The status is shown as CLOSED.

      • bobbified on 01/08/2017 - 13:50
        +1

        Are you sure you didn't "accidently" sign the bond release form at the time they did the final inspection?

        If you really haven't signed, I'd like to know what the agent did to claim your bond! The form requires an agency signature and your signature. That's probably why they never responded to your calls.

        If the agency has committed fraud by forging your signature, I'd lodging a written complaint to the agency/licensee seeking a full refund of the bond with the mention of a potential complaint to Consumer Affairs. If that doesn't make their ears stand up, then go ahead and lodge the complaint with Consumer Affairs. They've got a complaint resolution area called Estate Agents Resolution Service. Consumer Affairs also deals with the licensing of agencies.

        Take the dodgy agents to the cleaners!

        • [Deactivated] on 01/08/2017 - 14:51
          +4

          Forging of a signature for monetary gain is a very serious criminal offence.

          If they have committed that, I would be reporting to the police. Police would likely fob it off but I would be very persistent and insist this is followed through. It is a criminal charge and not a small matter.

        • bobbified on 01/08/2017 - 15:17

          @tshow:

          If they have committed that, I would be reporting to the police.

          Consumer Affairs will prosecute if they think an offence has been committed.

          Now I'm really curious to hear the rest of the story with the bond.

      • bobbified on 01/08/2017 - 15:25

        Just a stab in the dark. It doesn't happen to be a lady by the name of Stephanie, does it?
        https://www.domain.com.au/news/melbourne-real-estate-agent-w…

  • elliebargain on 01/08/2017 - 12:12
    +1

    Lodge with VCAT - It's a fairly simple process and you won't lose any money! The real estate agent / landlord will have a certain amount of time to respond and if they're as lazy as you say they probably won't be bothered and you'll get your bond back in full. A similar thing happened to my housemates and I when we moved out - After months of chasing them with no returned phone calls, we lodged a from and got our bond back very quickly. Good luck! You have nothing to lose.

    • ripesashimi on 01/08/2017 - 12:29

      hi just wanna ask was it a hearing?

      • bobbified on 01/08/2017 - 13:58

        A "hearing" is like a little court session.

        In the room, you'll be there (you can have a legal representative if you like) or you can go by yourself or with a friend. The real estate agent or their representative will also be there.

        And then there's the mediator (like a judge) to see all the evidence and hear your arguments, then decides who's in the right and who's in the wrong.

        The decision of the mediator is enforceable.

        They make the hearings almost informal, so that it's easy to go by yourself without spending lots of money on solicitors.

        Here's some information on VCAT after you lodge an application (bond hearings are free).
        https://www.vcat.vic.gov.au/steps-to-resolve-your-case/when-…

        • goms on 02/08/2017 - 11:35
          +2

          Mediator is not a judge, they don't decide who's in the right and who's in the wrong. Mediator is there to facilitate mediation, to resolve the dispute without going to a formal hearing. You will need to be willing to negotiate in the mediation process.

          You will be given time to present your case, then the agent. After that the two of you will be separated while you are given a chance to make an offer to settle the dispute. If you did, the offer will go to the agent. The agent could accept it or make a counter offer. Then, it goes back to you and you can accept or make another counter offer, etc… There is no pressure for you to accept the offer. You can also choose to go to the formal hearing, if both of you can't come into an agreement. There is no extra cost involved other than the initial court fee that's already paid (either by you or the agent, depending who made the application). Be mindful that hearing may happen on the same day or a different day. You will need to factor this in, whether this is worth pursuing. The agent will have the same thing in mind, whether it will be commercially viable for them. 1 hour may cost the landlord/ agent $50, it may "cost" you more or less.

          I had a $350 dispute and took them to the tribunal. I was going to fight til the end, however the agent was going to settle for $100 and I thought to myself, with this $100 I could move on. At the time, I just bought a house and I would rather spend my time and energy in the new house. I was angry that I lost $100 for things that I had not done wrong, especially after spending $300 for a professional cleaner and had good record for 3 years I had been a tenant. I was confident that I could get a better outcome in the hearing. But, I didn't want to spend another time and energy trying to prove that I was not in the wrong. For $100, it's not worth it for me, but maybe different in your case. But at the very least, I fought it and they had to spend 2-3 hours going to the tribunal which at the end not worth the $100 that they are getting. I would say all that money goes to the a-hole agent, not the greedy landlord.

      • elliebargain on 02/08/2017 - 09:59

        Hi there, it wasn't a hearing, just one form we put in.

  • lgacb08 on 01/08/2017 - 22:26

    if the agent has claimed the bond then you should lodge a complaint or something higher against the agent. The bond can't be claimed by agent unless you have signed the form when you moved out, so there're 2 scenario, one is you obliviously sign away your bond on that date, the other is agent commited a fraud.

  • redslert on 02/08/2017 - 02:32

    Sorry, i'm going to be honest and say that you sound like an easy push-over and the agent has taken advantage of you.
    18 months is a long time… I don't know if VCAT will accept the claim, you need to check their limitations.
    I advice you get a friend who can support you in pushing your points and stronger in demanding things.

  • [Deactivated] on 02/08/2017 - 03:41

    I just want to say good luck and keep going. A lot of that sounds like deprecation and they should have fixed it or taken it up with you whilst you were living there. Isn't that the deal?
    You are young and this feels like a lot to take on when experiencing it for the first time.
    Lodge with VCAT with all the evidence including you contacting them and them not getting in contact and see what they say.
    Then move on. Good luck and I think you're doing really well having to deal with this on top of other things at such a young age.

  • drillvoice on 02/08/2017 - 08:24
    +4

    Really sorry to hear this story. I disagree with the other commenters - you shouldn't blame yourself for this. The agent was exploitative and doing a bad job, either deliberately or not.

    It does sound like going to VCAT is your best option. I think they would be sympathetic to your case. Also, the owner has to pay a lot more if the agent gets called to VCAT, so the owner probably wants a speedy resolution + it reflects badly on the agent. All good things for you.

    And you could try contacting a Tenants Union or getting other legal advice.

    Good luck.

  • CharityCase on 02/08/2017 - 10:09

    Didn't you fill in a form called condition report?

    • rambao9 on 02/08/2017 - 10:50
      -1

      Yeah, this is a dodgy story. Condition reports every quarter, and he has no evidence he didn't do any damage within 5 years. Up to 20 Condition Reports that you would have had to sign for, even at 2 per year there should've been 10.

      Tenant receives a copy, landlord receives a copy and RE saves a copy generally a soft copy on their database.

      You just sound like a bad tenant that the REA doesn't / didn't want to deal with but the landlord didn't wanna kick you out because they needed the money.

      • Domingo on 02/08/2017 - 11:50
        +3

        Condition reports every quarter? I've had about 6 REAs in Melbourne and I've never seen a condition report after the original one that I've signed.

        As best as I could tell, the MICM ones only had someone come and look at the place about half the times they scheduled an inspection.

      • [Deactivated] on 03/08/2017 - 09:21

        What are you talking about? I've had one condition report in 10 years of renting. You have too much faith in estate agents

        • rambao9 on 03/08/2017 - 11:37
          +1

          Lol. I understand I guess… if landlords aren't chasing for condition reports then they don't even bother.

          This is where you get all these "landlord nightmare" stories where landlords start complaining about their tenants are a nightmare after 5 years of renting and not even caring about their property.

          If they cared in the first place, that toilet seat could have been saved!

  • Typical16-bitEnjoyer on 02/08/2017 - 11:18

    VCAT.

    Stop posting here. It's your only option and they'll likely side with you.

  • nickj on 02/08/2017 - 11:44
    +8

    toilet seat

    Probably fair wear and tear - 5 years of wear and tear on a toilet seat is a lot. They're cheap anyway, $10 at Bunnings for a cheap plastic one, even a nice soft-close plastic one is only $30 at Bunnings.

    window winder : "now it's worn out and stops working then is the cost of fixing that on me?"

    No, that's fair wear and tear.

    loose basin tap

    That's a maintenance issue - it's for the agent & landlord to fix, not you!

    loose shower head

    maintenance issue - their problem, not yours.

    blind clutch and chain

    Most likely fair wear and tear.

    smoke alarm

    maintenance issue - their problem, not yours.

    new exhaust and heat lamp

    WTF? If they want to install new stuff, it's their problem, not yours! And if it's a replacement, stuff wears out, it's fair wear and tear. Unless you're smashing it with a broom, or pointing a hose at the ceiling, there's no way I can see how that's your responsibility.

    light bulbs

    If 4 bulbs worked when you left, and don't now, then I'm dubious that the agent is telling porkies. Besides, bulbs are cheap!

    said he would hire a cleaner and charged me for that.

    I believe they have to give you the chance to clean it yourself.

    charged me 2 days extra of tenancy

    I don't think that's allowed - you can clean again if there's disagreement at the final inspection (preferably do it then and there), but you cannot be charged rent for this. That's my understanding.

    So, you need to go to VCAT to get this resolved. Before doing this, contact your tenant's union/organization, and explain the situation, and see what they suggest. Pretty sure it'll be VCAT.

    For future reference/next time, in general, I would suggest the following to protect yourself:
    * Take LOTS and lots of photos when you move in, preferably before a single box has even been brought into the house. If there's any damage, stains, cracks, mould, dust, dirt, anything missing, not working, dangerous, broken, or similar, then TAKE A PHOTO. Even better, let the agent see you doing this, and refer several times later (e.g. during later inspections) to the huge catalog of photos you took. Personally, I like to print out the 20 or 30 worst/grossest/dirtiest ones, and physically give them to the agent and say "I've printed some of our move in photos, and I made some extra copies, you're welcome to keep these for your file". You see all of the behavior and words are polite, but doing this sends one simple critical message: "Do not F*** with me. I keep records and proof. I will protect my rights. I will get my deposit back."
    * Complete the condition report, ON TIME, and make electronic copies (e.g. take photos), and keep it in a safe place. Note down ALL damage. Never EVER agree something is clean unless it REALLY is clean. E.g. I had agents say that an oven was clean, but the undersides of everything was dripping in grease. Response: turn everything dirty over, take photos, and note it down as not clean, and give the agent a copy of the photos. The rule is: you have to leave something as clean as when you got it. E.g. I've also had agents say a place was sparkling clean, but when we moved in it was a construction site, with concrete dust everywhere and builder's feces in the toilet and dirt in all the sinks. So document that (writing and with photos), because you can leave it that way. I also write in large capital letters on the condition report "PHOTOS AVAILABLE FROM MOVE IN DAY". If the condition is especially bad, email the agent to let them know in writing that it was really bad and you you have the right to leave it in that condition when you leave. Don't worry about the agents feelings, it's their job, plus they've got 6 months to get over it, but you MUST protect your rights, and trust me when I say that they couldn't give 2 hoots about your feelings.
    * Keep a notebook of all interactions with the agent or landlords. Any time they call or do an inspection or write a letter, or anything else, note the date, what was said/written, who said/wrote it, and what they agreed to do, or what you agreed to do. A logbook like this can be very handy.
    * If anything breaks, especially if it's a maintenance issue or fair wear and tear, then email the agent and notify them, and ask them to fix it. It's okay to notify them of several things at once. The benefit of emailing rather than phoning is that it creates a record of you having notified the agent, plus when you notify them and ask to get it fixed it becomes their responsibility to fix, plus you don't have to live with broken stuff. So hopefully they then do fix it and it's resolved, but if they don't, then you then have options to report to VCAT, compel them to fix it, or if it's an emergency you can arrange a tradesperson to fix it and send them the bill (for reasons I've never quite understood, agents hate reimbursing tenants - presumably it's because they're charging kickbacks on the tradespeople and suppliers they use? - so if they're dragging their feet on repairs you can offer in writing to get the problem fixed yourself and then they can reimburse you, that generally makes them hurry up)
    * When you leave, take photos of the condition before you leave. A few photos of each empty room + anything that you think might be contentious. It's easy to forget after a day of moving boxes, but don't, as then you basically have before and after photos. Probably you don't have to take quite as many moving out as when moving it, since it's up to the agent to prove damage, but some photos are good.
    * Then contact the agent, preferably by email, and say you vacated as expected on xyz date, you took photos of the move out condition, and now you want arrange a time to do the final inspection together. They have to give you the right to attend this, since many minor issues can be fixed then and there. If they say that you don't need to attend, insist that you wish to attend, and ask when they will be conducting the inspection so that you can be there.
    * During final inspection, be polite. Bring your move in condition report, and printouts of the worst photos, and simple things for cleaning. Don't printout all your photos, you can always get the files if needed. If they point out about something that was broken when you moved in, be sure to tell them it was that way - hopefully it was noted in the condition report, but if not you know you have photos of it. If it's something that's fair wear and tear, tell them that. If it's easily fixable (e.g. spot of dust or dirt, or missing scrap of rubbish), then just fix it then and there. If it was something that they've already been emailed about, then tell them that.
    * Then email them a week or two after moving out, requested any overpaid rent be returned, and all your deposit back.

    I suspect in this case, the agent has seen that you haven't done most of these things - you're young, unsure, inexperienced, haven't documented with photos and emails, haven't visibly acted preemptively to protect your rights, haven't chased up your refund, seem a bit willing to let their lousy behavior slide - and they likely thought that they could probably get away with ripping you off. Yes, it sucks, but don't stand for it, and next time change your behavior as described above to cover your backside.

    • qwerty on 02/08/2017 - 13:36

      new exhaust and heat lamp

      If he didnt clean out the exhaust in 5 years and it was so badly clogged up it was damaged and needed to be replaced - it is not fair ware and tear

  • [Deactivated] on 02/08/2017 - 13:47
    +1

    last time I was in this kind of situation off memory the LL has 10 days to return the bond. This is clearly something you need to take them to VCAT for. Get some free legal advice from a community legal centre and get your ass to VCAT

  • jchowx on 02/08/2017 - 16:33

    I'm sorry I can't be more specific with this post as this was awhile ago but you can definitely get your money back when you are in the right and the owner/agent is in the wrong. This occurred to my boyfriend two years ago when he was moving out and they said they weren't giving any of their bond back. Took it to the tribunal/regulating body here in Sydney and got everything back. From memory it wasn't super quick but it happened and once your agent/owner get's whiff of the tribunal there's no messing about after that.

    • jchowx on 02/08/2017 - 16:35
      +1

      Some agents can be scum, in our situation it was the owner that was scummy and didn't want to give back the cash. Tribunals are there on your side though. This agent of yours is obviously trying to pull one over you because you're young.

  • tipidmode on 02/08/2017 - 18:36

    Just to share with you what I usually do before moving into a rental property and while staying there.

    Once you signed the rental contract, the agent should give you a conditional report of the property. It lists down the condition and any existing damage to the property. You are required to review it and return back to the agent with your comments/objections within 3-5 business days.

    As soon as I receive this condition report, I go over it. I then visit the property for the first time. I then check and confirm if the condition of a certain part of the house (eg walls, doors, etc) and appliances stated on the report matches the real condition of those items. If I find anything that does not match, I take note of it and take photos. If I notice something that is not on the report (like chipped paint, etc), I list it down and take a photo of it for documentation purpose. I take a photo so that if we leave the property and the agent claims that we caused the damage, I have proof that the damage is already there before moving into the property. I'm also very detailed with my comments. Example:
    "Chipped paint at the wall right side of the front entrance"

    I prepare my own conditional report complete with photos and submit this to the agent. I submit it via email and ask for a confirmation email that they received it. If the document is too big for email, I hand it over personally to their office and asked for a "received by" stamp. Everything is documented. I know this is a lot of work but trust me, this protects you from unscrupulous agents who make up stories and ask you to pay for damages that were already there and not your fault. There is even one agent who took over as the property manager of our rented property who thanked me because she said she does not need to ask the former property agent anymore about the condition of the house as I have it fully documented.

    While staying in the house, any request for repairs should be done via email. Not over phone or sms. Remember everything should be documented. So if the agent fails to repair the damage or faulty items that you've reported and the agent still insist that you were responsible for the damage, you can use the email as proof that the damage was reported but not actioned. You can still talk to them over the phone or send a text message to report a problem but you should still send a follow up email for it to be documented.

    In your case wherein the agent wants you to pay for the damages, if you think the amount that agent is asking is too high, tell that the quote is too high and ask if he/she can get at least three quotes from different tradies. If agent doesn't want to ask for quotes, ask if you yourself can ask for quotes from tradies. This will be your benchmark price. It doesn't harm to tell the agent that the quote is too high and you want to get other quotes from other tradie. Besides you are willing to pay for the repair but you want it to be reasonably priced.

    I hope this helps and I hope you are able to sort out the issues with your agent.

    Cheers.

  • [Deactivated] on 02/08/2017 - 22:00
    +2

    The mere fact that no action was done for 18 months proves that they have not done what they are supposed to.

    Your Bond must be returned within a particular time frame. Taking 18 months to return someone's bond is odd.

    Just on these 2 things alone I would say VCAT would be raising their eyebrows.

  • Architectonic on 02/08/2017 - 23:46
    +2

    This is common behaviour. Agents commonly make up all sorts of BS so they can keep the bond. Amateur property investing is the norm in Australia (investment properties owned by individuals for the purpose of property speculation, rather than long term rental cashflow) and these investors as a class don't much care about the people they let to. The situation is quite different in parts of Europe where there are regulations that give renters much more rights (and often no negative gearing for private individuals).

    Your only option is the tribunal as mentioned above, if you genuinely believe that the agent is in the wrong.

    Ref:
    http://www.abc.net.au/news/2017-08-01/who-is-the-typical-inv…

  • picklewizard on 03/08/2017 - 09:43

    A lot of crap here. Please read this, I went to VCAT after a similar experience and won.

    Go to VCAT if you think you're being treated unfairly. It costs $30-something bucks, you'll need a half a day off work, but you'll get closure on the issue from a neutral third party.

    In my case, the adjudicator actually told the estate agent the claims were petty and they would rule in my favour almost straight away. It was obviously fair wear and tear, and anyone could see that except the money-grubbing landlord.

    That's it - that's your answer; this is 100% the solution and literally your only option.

    EDIT: who the f—k doesn't replace lightbulbs though? That's on you (and what did you do at night?)

  • bl1027 on 03/08/2017 - 09:50

    How much money are we talking about? Bond is usually 4 weeks rent so I'm assuming your bond would have been around $1200-$1500.

    It's not always about what is legally/contractually or 'in pinciple' correct.

    It may feel like you got taking advantage of and you probably were but weigh up whether it's worth your time / effort / stress 'fighting' for this? I think you can better spend that energy elsewhere.

    If you do decide to go to VCAT, you should view it more like an educational experience (this is how the legal process works etc) rather than wanting to get your bond back.

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