[QLD] Landlord Seeking to Have Bond Paid before Securing The Unit

LSlavingApe on 16/12/2020 - 06:36
Last edited 16/12/2020 - 09:20 by 1 other user

I'm currently looking for a new place to stay starting in the new year. The other day I went in for an inspection for a unit in a relatively new building. I did find it odd that the landlord conducted the viewing remotely (by phone; I later found that he is in NSW) and that he had remote access to the building (let me in the main doors and the unit itself). Nevertheless, I liked what I saw and started the application process. After sending in my documents, he sends me the agreement along with a "special conditions" addendum. In his email, he states that the bond has to be paid for me to actually secure the unit.

Now, I've rented a few places (private and through agents) since first arriving here in 2018 and was never asked to pay the bond before starting my tenancy. I also found it quite alarming that he wants to charge $380 for an exit cleaning for a simple studio apartment. My gut tells me to get out of this arrangement before it even begins but I thought I'd ask for advice as I really didn't get any clear direction from the RTA's website.

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  Stewardo on 16/12/2020 - 07:11

  Where in NSW, Tweed heads?
  Is it a landlord or a property manager?
  Do they have a licence?
  Is it a Airbnb or similar?
  Is there a lease?
  Paying a bond is pretty standard

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  Lichen6420 on 16/12/2020 - 07:14

  +15

  It's likely a rental bond scam and they don't actually own or the unit/studio in question.

  https://www.rta.qld.gov.au/news/2020/08/28/how-to-protect-yo…

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  Rilo 117 on 16/12/2020 - 07:52

  Hi, Victorian here.

  Recently moved and a bond payment was needed prior to moving in, and 3 weeks worth of rent, some when rental payments did commence, you were always 2 weeks ahead.
  Bond was paid to the, Residential Tenancies Bond Authority, which holds all Victorian residential tenancy bonds in trust.

  This is through a professional REA.

  The cleaning thing sounds a bit funny. I've heard some REA's have Pet Levy's? Maybe cleaning is a thing too idk. $380 seems excessive, our previous rental we cleaned primarily outselves and got a cleaner the REA recommended to go over it all and it was only $160, got the full bond back.

  GL

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  Summoner on 16/12/2020 - 08:23

  In my experience, I always paid at least 2 weeks rent on application approval. Then shortly after, the bond. So when I move in, I am 2 weeks ahead of the rent.
  Also, if bond cleaning includes carpet cleaning, its usually around $300~350 in my experience.
  Also, usually, if you use landlords preferred bond cleaners, they usually provide full bond refund guarantee (unless there is a damage, guarantee for cleaning only, ask your landlord if this applies). I used to clean home myself first and had it cleaned by bond cleaner for the first few houses, but when they started offering the guarantee, I just let them clean the house and save my energy.
  Anyway, if you do not like the special condition, you can try negotiate to remove it.

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  crashloaded on 16/12/2020 - 09:57

  +4

  Is he asking for bond payment into a trust account or business account or just into his own bank account? If it's the latter i would be skeptical.

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  OzHunterNSW on 16/12/2020 - 10:06

  Well yeah…. the bond is to be paid in advance. B4 you move in.

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    stirlo on 16/12/2020 - 10:24

    +2

    Yes but generally the day before you move in not weeks before.

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  stirlo on 16/12/2020 - 10:28

  +5

  The biggest question by far is where he is asking the bond to be paid to.

  If it's a property being managed by a real estate agent and the bond is being paid to their trust account it's unusual to have to pay it weeks before moving in but I guess the risk is they could rent it to someone who can instead of you so you have to make the choice.

  If it's a private rental then this is 99% a scam. Whatever you do DO NOT TRANSFER MONEY DIRECTLY TO THE OWNER/LANDLORD. Thats the number 1 way scammers work.

  To protect yourself you can lodge the bond directly with the QLDgovernment. https://www.rta.qld.gov.au/forms-resources/forms/online-bond…

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  bobbified on 16/12/2020 - 10:34

  +1

  In his email, he states that the bond has to be paid for me to actually secure the unit.

  I rented for years before and it was normal for the bond to be paid to secure the place. It was always two bank cheques - one made out to the Residential Tenancies Bond Authority (RTBA) and one to the agent for the first month's rent (rent was always paid in advance). The lease was signed at the time the cheques were handed over. The RTBA also sends a receipt shortly after to confirm the receipt of the bond cheque. This was after the application was made and almost immediately after offer was received (but up to a month before actually moving in).

  Having said that, a high degree of caution should be used for any private dealings.

  I also found it quite alarming that he wants to charge $380 for an exit cleaning for a simple studio apartment.

  $380 seems like a pretty standard price for an end-of-lease clean. I suspect that this is a "special condition" because over the last few years, it's been a bit ambiguous as to whether or not the professional clean in a standard leasing contract is valid or not and there's been disagreements at the end. The "special condition" addendum will remove any ambiguity around this point.

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    payton on 16/12/2020 - 11:27

    +3

    "At the end of a tenancy the tenant must leave the property in the same condition it was in at the start of the tenancy, apart from fair wear and tear."
    https://www.rta.qld.gov.au/renting/ending-a-tenancy/bond-ref…

    So long as you clean it to the same standards as when you moved in, doubtful if Landlord can force tenant to use a professional cleaning service? Esp one costing $380

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      bobbified on 16/12/2020 - 11:37

      Doubtful if Landlord can force tenant to use a professional cleaning service? Esp one costing $380

      If the tenant has agreed to it upfront, it's not "forcing".

      And this is exactly what I meant when I said there's been disagreements and ambiguity on the topic. In the past, they've inserted clauses into the standard lease about requiring a professional clean and the tenants sign the lease agreeing to it. Just because something isn't a legal requirement, it doesn't mean that it can't be agreed upon.

      Like other agreements, if the potential tenant doesn't agree to the conditions that are set out by the landlord/agent, then they don't have to enter into that agreement. It's like if you take up a credit card - if you don't like the interest rate, you don't have to enter the agreement with the bank and you can just walk away.

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        payton on 16/12/2020 - 12:03

        True, how they get away with it is by making the tenant agree to special clauses.
        OP can negotiate to get that clause's wording changed.

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          bobbified on 16/12/2020 - 12:11

          @payton:

          True, how they get away with it is by making the tenant agree to special clauses.

          Yeh, it sucks. The landlord is usually the one in the "power" position and the potential tenant is the one that often needs it more. As long as the landlord doesn't abuse that position, then it should be fine.

          The tables really turned during this whole covid period though! Although I do think that some of the new temporary rules they came up with were a little unfair to the landlords (ff course, that can be argued either way).

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  [Deactivated] on 16/12/2020 - 11:01

  +1

  the bond has to be paid

  Very normal

  charge $380 for an exit cleaning

  Very not normal