Advice: Issues Getting Rental Bond Back

First time posting here, or probably anywhere similar, for that matter. Hoping to hear from the wisdom of others that are more experienced than I

Background: I am recently married and moved out of home for the first time (with my wife) to live in the ACT to privately rent a small granny flat for $250 p/w. We signed a 6 month lease which we have just finished, and are struggling to get all of our bond back.

When we moved in, the place was a mess. The front yard was an utter disaster with everything over-grown and grass in much need of some mowing. The inside was worse. Grease and oil everywhere in the kitchen, requiring us to scrub the walls and everything else in the kitchen for a few hours. The windows were all very dirty too.

We told the landlord and he apologised but we moved in quickly to have a very pleasant relationship with the landlord over the following 6 months with no issues. We did not take photos of the place and I did not do a condition report (obviously, a stupid thing to skip over).

Present: We moved out, leaving the place far nicer than what it looked like when we had arrived. However, we did not wipe down the bathroom properly. The landlord texted me, saying that he is keeping $250 of our $1000 bond because he had to pay for a cleaner to make it presentable for the next person. I know that I'm not a messy person, and the place was definitely presentable. Unfortunately, once again, I took no photos of the place when I left it.

is this thing worth fighting about? do I try and argue my way out of this? do I pay the $250 and move on? any help/guidance would be appreciated

also, is this situation commonplace for people that rent (e.g. a $250 cleaning fee)?

I'm hoping that people can try to hold back their comments about "you should have taken photos bro" or "condition reports exist for a reason" - I know this now, and I should have known then. Oh what the hell… Say it, I know you want to


EDIT/UPDATE:

I apologised to my landlord for the stress it caused him to find a cleaner. I proposed that I pay $125 for the cleaner (and justified this based on the issues with cleanliness that we had on arrival). However, I also said that it is ultimately up to him how much he wants to charge me and encouraged him to keep "whatever he thought is fair given what I have explained."

His response took me by surprise. He now says he will be keeping $500 (half the bond). This guy is a bully. I've contacted ACAT.

This'll be interesting. Here's to getting some life experience ;)

Comments

  • You should have taken photos bro or condition reports exist for a reason.

    Nah just kidding. With the amount of $250 i think you can pay for moving out cleaning for a granny flat.

    Maybe ask for a discount and move on, or offer to engage a cleaner you can find at a cheaper rate to clean?

    Just curious, did the owner hold the bond so i guess there is no contract?

    • Haha there it is

      The cleaner has already come through and cleaned. I found out about all of this after the fact, and now he wants to hold $250 of the bold and return me the remaining $750

      There is a contract that I signed at the beginning of the lease. I transferred the bond to his regular personal BSB and Acc number at the start of the lease

  • Isn't the bond held with an agency or is it different where you are (or did you just paid them cash and they kept the bond)? Did he just take your bond or did they talk to you about rectifying the situation before taking your bond? Is it on the contract that they'll be taking money from the bond for cleaning at the end of the stay?

    • It's a private lease so my landlord is just this one guy. There's nothing on the lease about a cleaning fee being in place. He is saying he will transfer me $750 of the original $1000 bond. I haven't seen any of the money yet, though

      • +3

        I'm not a lawyer and could be wrong (this isn't law advice) but I'm pretty sure the "lessor" must lodge the bond with the ACT Revenue office as they will look after the bond. It sounds like they didn't do that, which I'd imagine would be illegal? As you should be able to request the full bond refund yourself if you believe you should get it all

        https://www.revenue.act.gov.au/rental-bonds?result_1060955_r…

        Or go through disputes with "ACT Civil and Administrative Tribunal (ACAT)" which would allow you to disagree and get that $250 back?

        • Thanks a lot. I'll look into this now

          • +1

            @GoIdDigger: The bond should have gone to ACT Revenue.

            You've been shonked.

  • Maybe ring up your ombudsman in rental in your region and seek advice?

    It is usually expected to professionally clean up the place when moving out on a standard lease. Of course owner must have the place cleaned up too before tenants move in.

    • Thanks for the idea and for the insight. Good to know

  • +5

    Take him to the tenancy tribunal. It’s illegal for him to hold the bond himself. He’ll never win the case because of that

    • As a first-time renter, this is news to me. Didn't realise I had a chance until now. I'll look into this right away. Thanks a lot 😊

    • Turns out that yes, according to my new understanding of ACT law, my landlord broke the law by making me send him the bond directly to his personal account. Thanks again, I'll get to work

      • +5

        And the ATO might like to hear about it too once the whole affair has blown over (don't do it now as it will go nuclear if they know you did that).

        But afterwards you can anonymous tip off him to ATO.

  • +1
    1. You should have had to sign a condition report with photos. He can't prove that it isn't in the state it was rented in without that.
    2. You should have got a chance to rectify anything that was wrong, either by coming back and cleaning or hiring someone yourself. He can't just arbitrarily take money from your bond like that.
    3. Your bond should have been lodged properly - he did something illegal there
    • Thanks a lot for these points. Ozb community really pulling through

  • +2

    So, others have already pointed out that he has done this illegally and you can easily take him to the tenancy tribunal and you'll 100% get your money off him, and he'll probably get a nice fine……but that might take a while I reckon. If you need the money, you can always just tell him that's what you're going to do if you don't get the money back by end of the week since he's done this illegally.

    Watch how quickly you get the money back :)

  • Tough new update: I apologised to my landlord for the stress it caused him to find a cleaner. I proposed that I pay $125 for the cleaner (and justified this based on the issues with cleanliness that we had on arrival). However, I also said that it is ultimately up to him how much he wants to charge me and encouraged him to keep "whatever he thought is fair given what I have explained."

    His response took me by surprise. He now says he will be keeping $500 (half the bond). This guy is a bully. I've contacted ACAT.

    This'll be interesting. Here's to getting some life experience ;)

    • +1

      Wow you have been more than nice. You should get it all back and he will more than likely have legal trouble. Hope it works out!

      When you've finished with ACAT and gotten your money back don't forget one final kick - inform ATO of your arrangement so he can get audited and fined for avoiding tax as well.

      • +1

        I really thought so too. Feeling a bit gutted about how sour this has turned but I want to back myself and do what I can here

  • ATO, wonder if they report the income…

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