Landlord Wants to Have Us Repair Damages Left by Previous Tenants

Lmum does yoga on 18/10/2018 - 03:05

Hi all,

We recently moved out of a rental property that we previously rented for 5 years. On their final inspection, the agent insisted that we repair stains and damages to flooring that was left by previous tenants. When we first moved in, we weren't given any entry forms or photos indicating the damages nor do the agent previous photos for the damage. When we indicated the damages they would say that they know about it and that its fine. They have also asked me to get rid of a creeper on the roof where it is blocking one of the windows and I wondering if it's within my responsibility to remove it. They have said that we were the first ones renting the place even though there were several past listings on realestate.com showing that they were renting the place years before we moved in and that the agent previously had told us that the house was rented to students.

I was asked to fill out a bound form where I took pictures of it before handing it over the to the agent, however, when I asked if they had submitted it, they said that until they are satisfied they won't. I'm quite lost and would you guys kindly advise me on what i should do. I am considering submitting another form to the rta. Can they take my bond even though they do not have evidence that the damage was left the previous tenants or have take pictures when we moved in?

I was browsing online and I heard that apparently some dodgy agents/landlords get people to sign the blank form and then claim the bond without permission. Do you think this is a big issue? I have recorded past phone calls with the agent where i have asked about the form and have some recordings where the house was left in good condition. (Professionally cleaned, gardens cleared)

Home & Garden

Comments

  • spackbace on 18/10/2018 - 03:14
    +1

    How much of any of it is in writing, with an email chain…?

    • mum does yoga on 18/10/2018 - 03:38

      They didn't say amount in writing. They only sent an email regarding their final inspection and said that the damages needs to be fixed.

      • spackbace on 18/10/2018 - 03:54

        When you moved in, or during the next 5yrs is there anything in writing about the damage?

        The bond form also should've clearly stated everyone's details and the $$ value of the bond being transferred in your name; it wouldn't be blank.

        • mum does yoga on 18/10/2018 - 04:25

          when we moved in there was nothing in writing about the damage. For the bond form, we were told to only fill in our details and hand it over to the agent. I wrote the full amount for the bond under my name, whereas the agent and owners details were left blank.

  • tomsco on 18/10/2018 - 07:41
    +3

    I believe the onus would be on the agent/LL to present an entry report to show what the condition was like when you moved in.

    Without that, I imagine their claim would fall over at a xCAT.

    • salmon123 on 18/10/2018 - 07:45
      +6

      Yup - but they're betting on the fact that you don't want to take it to xCAT.

      Make sure you submit your bond refund form before the LL/agent, so then the onus is on them to take you xCAT.

  • garetz on 18/10/2018 - 08:27
    -8

    As soon as you move in, its your responsibility to get them to fix any damage from previous tennants, if you did not do that, and that damage was from previous tennants, then you live there for 5 years, then you become responsible for that damage. They will definitely take your bond to fix it if you dont.

    • tomsco on 18/10/2018 - 08:57

      What you've just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul.

      • ThithLord on 18/10/2018 - 09:13

        2/5 response.

        • tomsco on 18/10/2018 - 09:35
          +1

          5/7?

  • Fier2 on 18/10/2018 - 09:07

    Sorry to hear that you ve got a dodgy agent and landlord. Filled the form to get your bond back and if the landlord/agent opposed it, escalated it. Make sure you keep a record of all the exchange betwwen you and them and maybe ask advice at fair trading or other institutions to know your right.good luck.

  • chichi on 18/10/2018 - 09:30
    +3

    Tell them you are happy to go to the tribunal to fight it. They may back down. We once had an agent tell us that we would be wasting our time going to VCAT because they go there all the time and always win. We told them we were willing to do it anyway. They didn't have a condition report but we did (we had a different agent when we moved in and were there for 6 years) so we knew they couldn't prove anything. They ended up backing down and returning our bond in full.

    I think the fact that the agent didn't give you a condition report to sign when you moved in may be in your favour as they have to do this.

    • mum does yoga on 18/10/2018 - 13:42

      ok I will file for the bond to be returned now.

  • bbourke85 on 18/10/2018 - 11:00

    Absolutely threaten to go the tribunal. That really sucks OP.

  • Gronk on 18/10/2018 - 11:23

    If the agent can't produce a condition report that's signed by you, their claim won't go very far.

  • [Deactivated] on 18/10/2018 - 12:08

    It's up to the agents to proove that the property has suffered damage after you moved in. Without a condition report, you can pretty much burn the place to the ground (don't do that though).

    Lodge a bond return, wait for bond to be returned. If agent hassles you, just ignore. If they want to challenge the bond refund, let them take you to VCAT. Again, without a condition report from when you move in, the case would probably not even make it beyond preliminary hearing.

  • Speckled Jim on 18/10/2018 - 19:18

    From your post, OP, the creeper that grew to that height in your five year tenancy is your responsibility to prune. Unless there's a clause in the tenancy agreement relating to gardening service provision.

    • tomsco on 19/10/2018 - 09:26

      But without an entry report, perhaps the creeper was always that tall and therefore OP maintained it to that height.

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