Roomshare Nightmare

Hey Guys,

So I have a 2 bedroom apartment in Richmond that I am renting.. As I work part time I decided to get someone in to room share one of the rooms out. Frankly speaking its been the worst experience ever. In summary below is the predicament I am in.

Someone took one of the rooms & signed a similar form as this. They paid one months bond ($1000). In the weekly price of $250 it included all utilities. It even included a semi furnished room such as bed & wardrobe. I am holding the bond money. Common areas were clearly noted out in the signed agreement etc.

I regularly go interstate for work, which is why I felt it was a good idea to get someone in to offset some of the rent.

On my last trip interstate I was gone just over 6 weeks. Last week I came back to Melbourne were I noticed my housemate has caused damage to the following items

  • The kitchen bench is a varnished wood furnish. He has left water sit in the one spot for a extended period of time causing discoloration to the wood (Green colour). I even told him to be careful in doing this, yet he simply didn't care. Note that the wood benchtop has been sealed professionally to be robust against water but not for weeks on end like this.

  • A shoe box holder near the front entrance of the apartment is damaged in that it is not possible to be able to open and close it anymore. It looks as though my housemate has jammed something in it and forced it closed thus breaking the side hinges in that it now can't even be opened.

  • The door in of the wardrobe in my housemates room has totally come of its hinges. Again, basically its been abused. He decided it was a good idea to hold it together with sticky tape in the interim.

3 weeks before returning to Melbourne he told me he was going to leave. As per the signed agreement, 4 weeks notice was required so no concerns at all here. He is now due to vacate the premises on Tuesday morning. I have since approached him about the damage above & he has stated that he considers that general wear and tear. This is absolute crap. He has just outright abused the items in the house and a kitchen bench top. I have his bond money, I have reservations in simply deducting from it for above particulars. My reservations are the following.

  • With a room share arrangement like this, I am not even sure I am allowed to hold his bond money.

  • Is the money I receive for the room considered an income? It's not in my way of thinking. It's merely an agreement to rent a place out together for the benefit of reducing the overall rent either of us have to pay if we had to rent the place out by ourselves.

Assuming I am not breaking any laws, I have no reservations in taking small deduction out of the bond to have the 3 things addressed above. The guy is a bit of a smart ass as well. Essentially, if I am not doing anything above board with the agreement we have both signed, he will surely attempt to use it to his advantage if I deduct the cost of damages from the bond.

Any advice on this matter would be extremely appreciative. I estimate the cost for damages would be (On the very conservative side) around $250.

I room shared before on 2 other occasions at another place. On both occasions I have nothing but positive experiences overall to say.. This is a lesson learned..

Comments

  • Are you Renting through an Agent?

    Did you seek permission to sub-let?

    If so, maybe Insurance Claim. But for $250? nah…

    Maybe having a Varnished wood bench is a bit fragile in a Kitchen…

    How did an accumulation of water sit there long enough for damage to occur?

    Water evaporates/drys usually. Was it a roof leak in your absence or what?

    Hinges fail, probably is wear and tear. Bunnings/new hinges.

    • -1

      Are you Renting through an Agent = Yes

      Did you seek permission to sub-let = No.. But is this technically called subleasing when you roomshare a bedroom of a 2 bedroom apartment?

      Maybe having a Varnished wood bench is a bit fragile in a Kitchen = I would tend to agree but I've been here 2 years & never had a problem with it

      How did an accumulation of water sit there long enough for damage to occur = Visualize facing a kitchen sink directly. The gap between the glass splashback & sink rear is where the water was sitting. basically he put a soapy wet sponge there everyday of the week consecutively. It remained there 24/7 for a good solid 5-6 weeks. When I was not interstate I had to keep reminding him that was a bad idea. Clearly he didn't give a crap when I was not there at all.

      Hinges fail, probably is wear and tear. Bunnings/new hinges = This is true. But in this case the hinge was actually ripped off the unit.

      • I think the part about the damage to the bench is exaggerated as there's no way you can know nor prove that they were the cause of that.

      • While you are supposed to get permission to sublet, in reality if you are the sole tenant in a 2 bedroom property it is common and indeed expected that you can have one individual sublet the other room. This is the situation at my current house. Owner is aware, real estate is aware, but the lease is in my name only. As long as you aren't turning it into a boarding house, it's fine.

        You would have to lodge bond with the bond board if you are letting, but not for subletting. Think of it as a "security deposit" rather than a bond. You're fine here too, but I might be wrong.

        Regarding the amount to keep, I'd say better to overestimate than underestimate - if he disagrees that $500 is fair, tell him you're happy for him to get a quote from a lisenced carpenter that shows the bench can be repaired for less. You should get a quote too.

        Finally, it's not income if you pay his rent to your landlord. Even if the taxman wants to consider this a business, you make absolutely 0 profit, so they get 0 tax.

  • +5

    With a room share arrangement like this, I am not even sure I am allowed to hold his bond money.

    No and there's a fine for it.

    Also :
    For rooming house residents
    "If you are a rooming house resident and you are asked to pay a bond, the amount cannot be more than the equivalent of 14 days’ rent.

    Note: A rooming house is a building where one or more rooms are available to rent, and four or more people in total can occupy those rooms."

    Subletting without the landlord's approval is not a good idea .

    I wouldn't bother arguing with him for $250 when you could end up being in a lot more trouble if he reported you to the RE and the RTBA.

    • Agree with Mr Binks. For $250 its not worth the hassle, especially since he can dob you into the agent for sub-leasing.

      Consider it a lesson in housemates - it could have been $5k worth of damage.

  • +18

    First up, I want your life where these trivialities are a “nightmare”.
    I suggest you tell your flat mate to sort these little items before they move out, or you will get a handyman to quote for it and pay them out of the bond.
    The estate agent will certainly want you to do so when you move out, so best to sort it now.

    • I'd suggest the OP get some advice from TUV https://www.tuv.org.au/contact/#advice before withholding any of the Bond.

      • +5

        I suggest that the OP does not contact TUV and waste their time as they are in the wrong by:

        1) sub-letting without the owner's approval
        2) taking bond and not lodging it with the RTBA.
        3) not declaring extra income to the taxman

        Point #1 may be a cause for eviction.
        Point #2 may result in a fine of $ 3500.
        Point #3 , well …

        My advice would be to return their bond and part on good terms. You don't want him to rat on you.

        OP, in the scheme of things being $250 out of pocket is nothing.

        • Yes, I agree.

          TUV are busy enough.

    • 'trivialities'

      Haaaaahaha, another rich old man who's lost touch with reality I see, a typical ozbargainer if ever I've seen one. OP screwed up in many ways on this one though.

      • +1

        There should be a thread about what constitutes a bona fide nightmare…

      • +4

        These are not serious matters, they could all be fixed with a little bit of handywork. Pain in the rear, sure. Nightmares, no.

        Frankly I have never woken up suddenly with a racing heart and covered in sweat because my shoe-box hinges are broken.

      • +2

        I'm forced to agree with trivialities, in the great scheme of things.
        I do know what it's like to consider $25 a lot of money, let alone $250.
        However, after losing my mother to early onset dementia, my father in law to an accident and damaging my spine in two places… definitely trivial.
        Life can be a dick, don't sweat the small stuff.

  • Given what could’ve happened I would write this off to experience. With the sponge I would’ve put a container down for it; he, obviously, wasn’t going to learn. Sounds like getting references would be good and telling the agent you are subletting. Your name is on the lease so you are liable.

    • If the sub-lessee were female, we now know the OP wasn't Sponge Worthy.

      • Either way he, obviously, didn’t gel with the OP.

  • Does this individual happen to be sporting a man bun?

  • Room mate knows you have no recourse because what you're doing is illegal.

  • TAKE HIS MONEY

    You are in control.
    Its basicaly a cash deal.

    You have the head lease and he is just sharing the unit.
    You got no worries at all.

  • +1

    Thanks for joining OzB just to tell us this interesting tale.

    Good luck in sorting it out.

    • I just did what the general consensus is and that is to cop it & just give them the full bond back.. A lesson learned..

      Yes.. I have been lurking on Ozb for a bit (Month or so) & never bothered to create an account till I needed to ask a question

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