Would You Chase Tenants for Compensation?

Hello OzB,

A bit of a long story, and just after some advice. Apologies if this isn't the correct forum sub section.

~11 years ago, I bought/built my first house on my own. 5-6 years later after being in a long term relationship, my partner and I bought another house together, while renting mine out, up until now.

During the period that the tenants were there, I only increased rent twice during the 5 year period, and kept the rent lower than market value, because initially the kept the house nice and clean and I wanted them to be happy, while still being relatively comfortable myself. Every time they went to the agent with an issue, (hot water stopped working, ducted heater stopped working, front door lock and handle fell apart so replaced that and all the locks around the house so they only had to use the same key) and a few other things, I would simply tell the agent to get it fixed asap, no questions asked.

I tagged along for the yearly inspections only 2 or 3 times, and then put my trust in the agent, and the report always came back that all was well.

You can't plan life, and now my wife and I have separated, it may not be permanent but we're taking time apart. I'm moving back into my house and we are getting advice wether to rent or sell our jointly owned house.

I got the tenants to agree to break their lease early, in exchange for a months free rent, my agent said I really had no choice in the current climate, but I needed a place to live.

Last week, I went to do the inspection with the agent for the first time in a few years. I was very disappointed.
The crim safe security door locks are jammed closed, there is solid dust caked onto the skirting boards, every wall has marks and gouges that have been painted over in a similar but different coloured paint, there is mold growing on the INSIDE of the main bedroom windows, all the sliding door and window rails are full of not just dust, but in some cases piled high with dirt, the rear bedrooms have MOSS growing on the inside window seals, both showers in the house have a fair amount of missing grout and black mouldy grout and silicone, the freestanding cooker, the stove top works but the oven itself doesn't, the range hood canopy is caked in so much grease that the some of the buttons don't stay activated, the kitchen tap has taken a hard knock at some point as is kind of hanging loose, and has been leaking water into the below cabinets, swelling and bubbling the laminate shelves, big stains on 2 sections of carpet, the outdoor speakers I had attached to the alfresco roof, they took them, the old but nice Samsung monitor I had for the CCTV system has been replaced with some shitty looking no name brand monitor. A foxtel satellite was installed on the roof that I don't want either. No hard surface has been wiped down, bench top, kitchen cupboards, bedroom doors are grimy and sticky. It looks like every wall has had liquid spilled on it at some stage and not cleaned properly.

I definitely know that some of these issues are related to wear and tear/age, however they never notified the agent or myself. I handed over a relatively new house, everything in perfect working order, everything clean, and I walked back into people who don't understand cleanliness or preventative maintenance. I'm thinking a lot of these things would be fine if preventative maintenance would have been carried out (like when you live in a house). I would have had these kind of things fixed or replaced immediately like I have in the past.

I'm pissed at the agent as well for not really inspecting the property to a decent standard. The agent has been in touch with the ex tenant, and the the ex tenant will be returning the speakers and monitor, I'm baffled why the thought they could take them in the first place. However for all the other things, the agent has asked me for a dollar value of compensation that will be negotiated.

If you were back to living in your house that you had rented out, would you find this kind of thing acceptable? Would you ask for compensation? I am pissed that the house is in the state that it's in, and I'm not sure if me being upset is making me think I'm justified in expecting compensation. So I'm just after opinions on if you would, and how much do you think you'd request?

I don't know if it would make any difference on a personal level to anyone else, but it was my house that I built on my own and worked hard for and to keep, not just purchased as an investment, it really was upsetting to walk back in and see how filthy it all is.

Thanks for reading, looking forward to any opinions or advice.

Poll Options

  • 376
    Chase compensation
  • 26
    Accept the state of the house
  • 7
    O'Doyle rules

Comments

  • +44

    Take all of the bond, thats all you can do.
    Make the agent do the donnkey work.
    Tell the agent to get the place cleaned from top to bottom, that will take care of maybe half the bond.
    Then get the agent to get quotes to repair and replace all the damages.
    Just be mindful of the wear and tear in the context of depreciation.
    In every lease theres a part that makes the tenant responsible for notifying of repairs, argue that they failed to do that therefore must assume responsibility for the greater damage like the waterlogged cupboards.
    If the agent isnt keen to pursue the whole bond, tell them its that or you will lodge a complaint against the agent and seek damages for their failure in meeting the terms of your rental management contract.
    if you have landlords insurance use that too, again have the agent deal with the insurance company.

    • +3

      Thanks for that info, the agent never mentioned there was a clause in the contract about them needing to notify of issues that needed to be rectified. While they did notify of some things, I just had it sorted as per my responsibility. I don't understand why I wasn't told of things when it doesn't cost the tenant anything.
      Thanks also for the idea of going after the agent too, the reports always came back staying the house was in good condition, hopefully it doesn't come to that though.
      I think I'll just put pressure on the agent to get the whole bond back and make sure I have everything documented. Thanks again.

      • +3

        The challenge you will have is the agent does not have your business anymore so won't be as helpful.

      • +5

        I think the onus is on the agent to fix it all. That's what their fee was for.

  • +6

    Wow… props to whoever actually reads all that.

    • +2

      Who needs to talk to an actual professional about these matters when you can just ask ozbargain for free ;)

      • +2

        Well I'm talking with the agent and he said to come up with a dollar value. While the agent hasn't really been doing a good job, what other "professional" would you recommend?

        • maybe they want you to spend some $$$ to talk to lawyer instead of asking people in ozb.

          well i would get their all their bond, claim insurance etc.

      • +1

        A professional? Like a real estate agent? looooolllll

    • +2

      Yes. I miss IVI's posts. Short and simple.

      • +2

        ~` Short posts yes~!

        But Simple~~

        Perhaps not'

        • Narrow
          posts,
          yes.

  • +11

    now my wife and I have separated

    Congratulations not many men get a second chance at happiness.

    • So long as you don't have kids or in future.

  • +1

    On the topic of compensation.

    Yes, chase them for the bond and claim insurance.

    • +1

      But through the agent and not tenant right?

      Isn't the point of having an agent is to settle these kinds of issues such as getting the house cleaned? Rented for over a decade in multiple locations and each time, the agent had the place "professionally" cleaned even after 2 days of cleaning the house myself.

      So you shouldn't be getting a whole bunch of issues with the non-wear and tear. Agent should have gotten professional cleaners to deal with the cleaning and charge it to the bond.

      • +1

        Yes, I thought that's what I paid the agent to do. If I ever find myself in a position to embark on another rental adventure I'll definitely use someone else.

        • +2

          Unfortunately good rental agents are few and far between it seems!

  • +1

    gross. how unfortunate..
    hope for a good outcome for you

  • +4

    This is an eleven year old house. Your tenants have probably spent over one-twentieth of there entire lives there. If you don't like being a landlord: don't invest in real-estate, when you're done with a house sell it.

      • +20

        I'm not whinging, I've provided information about a situation I've never been in before and I'm asking others who may have been in the same situation advice on what they would do. I know there are risks, but I've paid for someone to make sure the tenants look after the property to a standard they agreed too and they didn't.
        I'm lucky I was able to keep my house, I'm not rich, and I looked after the tenants while they were there any time they needed something. You sound very bitter, and in a thread asking for advice, you don't sound like you're very helpful to anyone.

          • +8

            @Markmathews: Why bother dribbling about topics you clearly have no idea about? Just turn off your PC and go back to sleep and save everyone the trouble of having to read your rubbish.

      • +10

        Found the piece of shit tenant.

    • +6

      What part of "real estate is a high risk investment" don't people understand?

      • +6

        I guess some people feel that fellow human beings would have more compassion and wouldn't be stupid low IQ morons?

      • +2

        The high risk part.

        • +3

          They also don't seem to get they investment part either, because all good if the price goes up, but complain endlessly if the price goes down. Only "investors" who don't seem to understand prices can go down as well as up.

          • @nickj: Exactly. Earnings and dividends can go down - but rents - never!!

    • +14

      Your tenants have probably spent over one-twentieth of there entire lives there.

      They were there 6 years, are you suggesting they will live 120 years? How does a fraction of someone's lifespan come into this equation anyway?

      If you don't like being a landlord: don't invest in real-estate, when you're done with a house sell it.

      Some of the items are wear and tear. There is also intentional damage and theft. Are you suggesting the OP should just 'let it slide'?

      It's as though as a LL, you are just expected to wear the pain because thats just investment.

    • +3

      I never said I didn't like it, I've found myself in a situation I haven't been in before, with a less than ideal agent, who is telling me to cone up with a dollar value on the things I've mentioned. I'm asking for advice on what others would do, if others have experience and what they did. I know my original post was long, but it wasn't a sole whinge, I put all the info I could then asked for advice and opinions.
      I'm not a property giant, I'm a working schmuck who was lucky enough to keep his house, who's found themselves in a situation they've next been in before, and is asking for advice.
      And there have been plenty of helpful posts which I'm thankful for. Yours isn't one of them.

      • +9

        Paint and carpet being 10+ years old now have a depreciated value of 0% … you won't get a cent for them, you get these costs back via your very generous tax deductions each year. It's part of running a business and that is exactly what you have been doing.

        Your not a generous chap who was helping out your poor tenants who couldn't afford to buy a house, it is an enterprise for profit. Nothing more nothing less.

        Cleanliness doesn't really matter, the recoverable expense is limited to the cost of a bond cleaner. If the condition of the house is what you think is beyond reasonable wear and tear then take further action. However be aware any damages will be limited to the depreciated value of each item in question. It's not a new for old type of deal so consider if it is worth your time pursuing it further.

        Being a landlord is probably not for you if your taking the whole thing this personally.

  • Take the bond - if you havent already given it back

    Landlords insurance - however they will give you a hard time but that is what you got an agent for - however now you are moving back in you might want to deal with it yourself bcuz ur agent sounds hopeless

    Your Story is SUPER common amount landlords and is usually why landlords sell there investment property after it has been rent out for >7 years not withstanding tax reasons

  • +24

    Carpets are devalued to $0 after 8 years I beleive so you'd need to replace or remove them anyway after 11 years.

    The lock sounds like an easy fix and not much of an issue.

    Grouting shld probably be re-done every 3-4 years in my experience as a renter and dont think its usually on the tenant to report this sort of thing (although I do).

    an 11 year old samsung monitor is likely to be as valuable as any crappy brand newer one (i.e. worth next to nothing).

    Foxetel satelite really an issue? And speakers mising is diasappointing but again, 11 years old, unlikely theyd be worth anything now unless they were extremely high end? Entirely possible it was an honest mistake and they forgeot they werent theirs? - Is a little odd though.

    Leaking tap/cabinet damage seems like the biggest issue and I reckon it wld be fair enough chasing compensation for that, Everything else sounds like it just needs a decent clean and wear and tear (except the missing items which are being returned).

    • +10

      I second this, but I'd also seek compensation for it not being clean as well.

      It's the responsibility of the tenant to return the house clean. They could have easily cleaned up after themselves, they chose not to.

      • Yes true, I only realised after posting that this was post move-out. The RE shld have made the tenants return and clean it properly or take some bond for cleaning, usually they try take your entire bond for so much as a flake of dust on a rangehood so sounds like the PM was just lazy.

        We had a PM/LL try take an entire bond once because of some leaves under a lemon tree (They didnt give us a Green bin even after years of requesting one), some water on the porch from a leaking gutter (which had ben reported several times) and we left one empty cardboard box some cleaning spray and one single mug behind lol.

        • You just reminded me, they requested a green bin which I got for them the next week, the backyard is full of plants they ripped out and left to die, not using the bin lol

          • +1

            @ryan1jz: Oh at least you got them one though.

            We moved in with MASSIVE garden beds that were empty when we moved in (coburg Melb) and we planted and grew all sorts of amazing stuff, when we went moved out the LL/RE had us rip out everything we spent years growing and would have been appreciated by the next tenant im sure (lots of veggies, lots of flowers etc). And since we didnt have a green bin it was a massive issue trying to get rid of it all but we did with a few trailer loads. We felt that was pretty unfair and silly that we had to rip out all the amazing stuff we grew there :/

            • +1

              @SkMed: Agree. The idiot owner/RE agent. Would love having you as a tenant.

            • @SkMed: Oh man agents. I left a very large Ikea wardrobe in the huge master bedroom which I figured would be pretty handy for the next tenant. Glass drawers, great condition, helped add more storage. Stupid pissing agent said it would probably be fine to leave it. Then another agent told us to remove it…. After we had moved out. It was three stories up. Had to take a loss of about $400 on it just to get rid of it. What a bloody waste. Sorry new tenant who thought it would still be there!

    • +1

      All valid points, thank you for commenting.

      I get the carpet issue, and I am planning on sprucing it up, however, I can understand worn carpets are not their problem, but ugly stains from what looks like ink in the study and vomit (?) in one of the bedrooms isn't. Sure, I'm going to replace eventually, but the principal of them thinking it's ok to leave it like that.

      I'm concerned with the grouting in terms of water getting behind the tiles and potentially causing damage. And if it isn't for the tenant to report, you'd think the agent would pick up on it since that's what he's getting paid to do.

      The monitor, sure it's old, but, it's mine, and they took it, the alfresco speakers were bolted to the alfresco roof so I'm surprised they may have thought they were theirs, considering they left the mounting brackets there!

      Thanks for your comment you give me more to think about.

      • Yeah I agree the speakers and monitor are weird ones…

        Yes, we recently requested our grouting be re-done in our rental for a 2nd time in 3 years. The first time wasnt done properly I think as it peeled off. Took several requests before they re-grouted it again.

        • +1

          I didn't know you can ask your landlord to redo grouting!

      • you'd think the agent would pick up on it since that's what he's getting paid to do.

        You must be new to working with real estate agents?

        I agree, yes, that's what the agent should do. Most of the issues you describe are a result of a year or more of neglect.

        However, from the other side of this scenario, I assure you that the agent is doing absolutely the bare minimum. You say "I agreed to repairs straight away", but the tenant may have had to argue the case with the agent for a week before they even bother to ask you.

        Stealing the speakers and ripping out the plants are complete dick moves though, no excuse for that.

        As others have said, ask the agent to prepare you an estimate of how much the repairs and cleaning will cost. The agent will have cleaners and tradies in their pocket that overcharge like hell and should be able to quote at short notice. Act quickly, as the tenant may already have submitted a bond claim. (I probably wouldn't actually use the agents tradies though!)

  • +7

    The agent is the most at fault, they all take photos now. Mould, moss and wear and tear don't just appear overnight. When you're living there for 5 years things tend to creep up.

    How do you know all these things weren't mentioned to the REA verbally only to have them be too lazy to do anything?

    • +1

      Yes I was going to mention this. Even in writing we sometimes have to put 2-3 repair requests through before anything is done unless its something urgent. It's entirely possible these things were reported even in writing and just never followed up by the PM.

      Re Mould though, we had mould appear in one Rental essentially overnight haha. Just got so cold in the house that it popped up EVERYWHERE. Bathroom wall eventually caved in and was caked with balck moud on the inside. Repair guy came and put the same wall back up without treating it. We vacated a month later lol.

    • +1

      I agree, since I pay the agent too make sure everything is on shape. The tenants definitely did notify of issues in the past which were rectified immediately, so it's a possibility they verbally notified the agent, I'm leaning towards them not reporting in the first place.

      • +6

        But if the agent didn't notice they'd be the negligent ones. Or they're telling you that they inspected the property but didn't.

  • +2

    Speaking from personal experience, after moving back into investment apartment myself; tenants weren't the cleanest (according to wife). I've personally seen a lot worse. (Rubbish everywhere, overgrown grass, mouldy bathroom and grout). Talk to your agent and claim as much of the bond you can. If that doesn't work, don't dwell on it too much and just move on. Don't use this real estate agency again in future.

    If you are moving back in I would
    -consider getting locks repined or replaced (for security purposes). You can always put them back on at later stage
    -bleach the bathroom/shower area. It helps whiten the grout and bathroom
    -put the rangehood filters into a dishwasher cycle
    -repainting the place (walls, ceilings, skirtings) makes the place more enjoyable to live in
    -upgrading lighting. We had terrible non energy saving old downlights that weren't very bright.
    -doing a once over on the property to make sure everything opens/closes/operates correctly. Like doors, windows, cupboards, electrics, taps and alike. If required book a handyman for a day to get these little things sorted

    • +3

      Just to add to the rangehood filters, clean them in a sink with detergent and baking soda and a brush before placing them in the dishwasher. Don't want to clog up the piping for the dishwasher with all that grease. Baking soda is amazing with when you soak the filters for 10 minutes or so in hot water.

      • Didn't know that trick, thanks for the tip!

      • Do you mix dish washing detergent + baking soda into a paste and smear it onto the filters?

        • +1

          Just into the water before soaking. I think it was around half a cup for half a sink of water roughly and add as required and sort of swish it around in the water.

    • Thanks for your post and sharing your experience! I definitely understand that it could have been much much worse, just disappointing and frustrating when you do what you can to keep what you think are good tenants happy, and are paying an agent to make sure it's all ship shape.

      That's a great list that I'll be checking off,I guess it's a good time to learn new skills and try some handy man stuff myself, silver linings huh?

      I'll be putting pressure on the agent, thanks again.

    • Grout deteriorates over time,as with carpets and paint. You have to hire a specialised grout restorer to fix it. Some tenant cannot control what happens to grout. Although, homeowners are given generous tax deductions to cover costs. So I have no sympathy.

  • +6

    after all the dust has settled start looking for a new property manager.

  • Like others have said, chase the agent for ALL the bond money. Make sure you receive all monies owed to you by the agent including any last rent payments then cut off all ties. Sort the repairs out yourself and dont rely on the agent for this because they have no more incentive to actually help you with your needs.

    Chalk this one down to risk and responsibilities of owning an investment property. You cant expect a house to look like brand new after 10-11 years.

    • Yeah the general consensus is to chase the agent, which I'll do.

      I understand that a house of that age will not look new, but consistent cleaning, monitoring and notifying the agent of issues, and the agent actually doing what he should have been doing, this could have been avoided. But I'll take your last paragraph into account and learn from it. If I'm in the position to rent a property or again I'll have to be more vigilant instead of relying solely on the agent.

      Thanks for your post.

  • the REA should be providing photos for bi-annual inspection, was this never done?

    • I never got photos, and it was inspected only once a year. I just got a page with tick boxes, and that everything was "good" in the comments.

      • +1

        Once a year?!

        I got inspected 4 times a year when I was renting. Property agent sent us (tenants) the report they send to the owner.

        • +2

          Only one inspection per six months allowed in VIC.

  • +1

    With rental properties sometimes all you can do is take the rent paid and the bond if possible and just clean up the mess yourself.
    A friend had several properties and rarely was one ever left in what you could call a reasonable condition. One of the last ones they had we started off cleaning inside with shovels and wheelbarrows!! Then came the shit up the walls, the house paint they let the kids paint stick figures on the wall with, then rip up all the urine soaked carpets. The oven and hotplates were beyond recovery and had to be replaced. All the usual wardrobe and bedroom doors ripped of hinges and holes punched in walls followed after that….
    Yes, an agent managed the property… :-( The tennants were fine for the first couple of years then turned feral for no reason. Agents can be just as bad as tenants, as long as they are paid their fee they are happy.
    There is good money to be made in investment property but often there are problems also. It is not all sweet and easy money.

    • Isn't there a blackbook or something of the sort for tenants? I heard about 'rental history' checkups - wouldn't these things go on one if it exists and they're just shooting themselves in the foot?

      • +1

        There is a blacklist but it's for unpaid rent only.

  • +2

    I'm in a similar situation. I leased out the unit I grew up in. Everything worked. All was good. Aside from the hardwood floor being a bit worn.

    3 years later …. Covid happens, the tenants move out, life happens and I realise I'm never going to move back there.

    I go to take a look after the tenants leave.

    Several items damaged or broken including the front door! Wtf.

    I sent to prop mgr a list of things I'll pay as wear and tear to fix and things that should come out of the bond. They'll take care of it. I'll just pay some invoices.

    It sucks. It was terrible to see my lovely unit take a beating. But it happens, that's why there's the bond and hopefully it covers it all, if not there landlords insurance for the rest. I'll let the prop mgr deal with the fixes asap.

  • +8

    I was successful in the following

    Get the agent to quote out all the cleaning and repairs. Its their job right to inspect the property.

    Claim on rental insurance

    Take bond

    Once all was resolved sent agent a letter stating that I wished to persue them for the remainder as they didnt perform their duties. Stated that I wished to recoupe the cost of repairs outstanding AND their rental admin fees for the last 24 months. This exceeded the value outstanding and I negotiated back to the amount out of pocket.

  • -6

    Yip it sucks, but you probably made $100 grand out of them over the years so you did ok

  • +1

    At least you didn’t get a meth lab.

    • +2

      If I did I could have at least taken it over and made some extra cash! Wouldn't be surprised either considering the suburb.

  • +3

    Firstly, sorry to hear about your separation.

    Honestly, looking at your list of things - although terrible as well as unfair to you - its more the norm. Malicious damage etc is easier to claim against- punches in walls, broken tiles,

    From my experience - Most rental agents are looking after a ton of properties and don't/cant really care much. Just enough to appease the landlord- so super easy job if you (landlord) are not the pushy type. In an ideal world they should be on top of it all but they arent (in most cases)

    As mentioned by someone earlier - longterm tenants are good for the first year or so then stop caring - its very common as well.

    Claim the bond, fix what you can- good thing in this case is you will be staying in the house so can get things sorted at your own pace. Would have lost a ton of rent/extra $$ if waiting on tradies to fix before renting again.

    Best of luck to you with everything - I know you might be feeling bad right now but this too shall pass :-)

    • +2

      GuitarNeo I second this

      To get that "dollar amount" the agent wants you to give, now's the time to get the work out of them that they didn't do that lead to this!
      Get the agent to get quotes (be mindful/ask to be advised if there's call out fees - don't want to get stung there too) for all job items required.
      Have agent present to tenants and see what tenants agree to relinquish bond amounts for. Best case scenario tenants agree to all and bond covers it.
      Tricky case scenario is if tenants won't agree to some or any and you need to claim bond via vcat.

      If claiming via vcat:
      * Vcat is more likely to approve in LL favour (but not guaranteed) if repairs are carried out prior to the hearing as they consider this proof of correct use of funds
      * Be mindful vcat may not rule in favour if not 'easily' seen as malicious damage and instead viewed as wear and tear. Unfortunately PM'S see the extreme worst, so much of what is 'not as bad' is categorised as 'satisfactory.' In future it's best to make the time to accompany PM on the inspections.
      * Check if your agent charges a vcat fee of their own to represent you, and how much. I've had one charge a fee that was 24% of the amount being claimed who did not advise accordingly prior or plainly state this on the fee schedule which most REs do (especially ridiculous as they say they charge a flat rate. Which if so, is easily listed on the fee schedule!)
      * If the claim total is less than the bond amount there shouldn't be any vcat charges incurred
      * If you do end up needing to go through vcat hopefully they rule in your favour. If so you can also make a claim with your LL insurance too as most will approve according to vcat's ruling

      Reminder what's spent on the property due to the tenants can be claimed on tax

      Should you happen to need blinds sorted I recently replaced mine and found a competitively priced biz
      For cleaning I know a well priced private cleaner
      Feel free to PM if you'd like the contacts to seek quotes

      Good luck with this and life's hurdles at the moment. Just try to power through so it hopefully doesn't overwhelm you.

  • +1

    kept the rent lower than market value, because initially the kept the house nice and clean

    These statements don't fit together. People paying lower rent are more likely to trash the place, as you've discovered.

    • Maybe more likely. But some people can understand one good turn deserves another.

      I'm getting a 2 bedroom apartment in inner western Sydney for 375 per week and I treat it well. Landlord loves me.

  • Ask the real estate agent to get quotes for all the damage to be rectified, then take the bond, and if it's not enough get the real estate to take the tenants to VCAT to get the rest. Don't let your property manager off the hook. You should not be doing the running around.

  • +1

    For next time, practicing Muslim couples/families are the best tenants.
    They keep their rentals immaculate!

    • what do you mean “practicing”?

      • +1

        So in Islam there are lots of virtues around cleanliness. By practicing I mean those who are aware of what the faith entails and act upon it. A particular principle in Islam revolves around keeping trusts - i.e. someone entrusts you with borrowing/using their belongings/property, you should give it back to them in a state better than you received it in.

        @stringbean402 lol, not sure if srs <3

        • +1

          Nice, thanks for the explanation 🙂.

    • -6

      That's so racist against whites !

      • +3

        How? Muslim isn't a race.

        • +1

          True haha

    • +1

      I second this tbh. I bought a house last year and there was a Muslim family rent and lived in it for about five years.

      When I inspected the house during open inspection, I noticed how clean and tidy it was.

      After buying the house, I let the agent take care of the transition. When I got the keys, I came to the house and it was quite clean, only a few minor things exposed after furniture was removed and things I missed during inspection. But that's passable. All the walls still in original paint colour, bathrooms are super clean, no mould or smell. I also got a shoes rack for free 😂

      Five years old, the house looks and feels almost brand new. Was a happy purchase

  • Sounds to me like your principle gripe is with your agent for not doing the job you are paying them for. The fact that tenants may have damaged the property is just a reflection of your poor agent.

    I have to ask though - were you complicit in this by not questioning the need for regular maintenance? I mean there are a lot of landlords who never expect the paint, grout, taps, carpet etc to need anything spent on it for years on end.

    I mean people accept that things wear or break or need replacing in their own house, but in an IP suddenly they expect to never spend anything.

  • use the bond for repairs,
    use landlord insurance, chase agent for repairs. The fee they charge you is for taking care of your property and issue actions when needed.

    Also in future, don’t be so trustworthy of people just because the put up a show at start being nicer. (tenants/ agents for instance)

    Good luck 🤘

  • +2

    Sack your agent. How did this never appear on an inspection report?

    Most of the issues you have raised are actually your problem. Oven. Security Door. Mould.

    Claim the "cleaning" against the bond. Make sure you have photos of how pristine everything was before the rental commenced, otherwise if the tenants take you to *CAT you'll likely lose. You're in VIC so don't delay or the tenant's can claim for the bond return without requiring your permission.

    • +1

      By moving back in, they are effectively sacking the agent.

      • That was in reference to getting the agent involved in bond recovery, cleaning, literally anything. Keep them out of it. Sack immediately.

        • Let them clean up the mess they helped create.

          You've already paid for the work (via commission), may as well get them to clean it up.

          Much easier for an agent to claim the bond than the landlord.

          • @JimB: No. They'll engage a "cleaning service" and get a kickback.

            It's not "much easier" at all. It's a single page simple form.

  • +1

    Take plenty of photos.

    I'd get a professional cleaner in to clean it as much as possible. This takes the emotion out of it.

    Of course paid by the bond. If the bond is insufficient, I'd ask the Agent to make up the shortfall as it seems they were asleep at the wheel.

    If they don't pay, just post google reviews with photos with the caption 'Agent believes the property was in good condition according to inspection reports, you be the judge'.

  • +1

    I usually would side with the landlord, and to some degree in this case the OP is correct, however prior to the handover the tenant is permitted to get the house in as close condition as before, which i feel pinging them for mould buildup, dust between floorboards, grease etc is a bit dramatic.

    These are all things that can be rectified by professional cleaners (oh and keeping appliances in working order unfortunately falls under the rental costs not the tenants, so even then they technically should have a working oven). Yes chase them on mismatched painting and dents in walls etc. But i feel to expect a brand new house, clear of wear and tear some 11 years later is a bit much, rent is generally higher than a mortgage for a reason, you had the choice to leave it empty but chose to allow people to live in it.

  • +1

    your agent dropped the ball here, and should be responsible (in part) for some of the 'make good' work - although I don't know if that's legally enforceable.

    We are good tenants, and the owner of our house can thank his lucky stars we are, because the 'three monthly' inspections that are supposed to happen haven't happened in nearly 3 years.

  • Agreed the agent has not done their job of regular checks, enforcing maintenance, or even enforcin the move out clean… hopefully you still have their bond at least.

    That all being said, as others have pointed out, good luck getting your agent to do something now given they've done not a whole lot up until this point.

    … stories like this make me appreciate my agent even more.

  • Period too long…. no records

  • +2

    You need to move quickly if you plan to claim some of the bond, you should submit your claim within 10 business days of the tenancy ending. The real estate agent should be helping you with this. You or they should get quotes or receipts for any cleaning or repairs, then a proportion of that can be claimed based on what is reasonable given they have been living there for 5 years and the house and everything in it is 11 years old, as well as what falls under their responsibility. You need to give the tenant the opportunity to do any cleaning they missed to mitigate the cost. You need to be able to justify it if they want to fight it. There are some landlords that always try to take all of the bond as people have suggested, but it's poor advice. This isn't a make up a number type deal as they and the agent are acting like it is.

    As an aside, getting hot water, heating and locks fixed doesn't make you a good landlord, they're all urgent repairs in Victoria and you were required to get them fixed as soon as possible. Raising rent twice in 5 years is a lot in my experience, I've never had a landlord increase my rent and I've lived in a couple of properties for more than 5 years. It does sound like you probably are a reasonable person and landlord though. You're asking if you should claim compensation, not how much you can get out of them and you meet your obligations as a landlord.

  • Ask the agent for the bond papers, get the bond yourself. If they didn't do a good job with the inspections, will they do a good job with asking for the bond?

    My agent, takes photos for me during the inspection and sends it to me. They only need to have a mobile phone to do that. I've never been with them to an inspection.

    Keep receipts for everything that you have to buy for repairs. Take photos of everything in case they disagree with you for taking the bond.

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