REA Claiming Bond NSW - Scratches in Floor and Hairline Crack in Basin

Lheyrutts on 10/08/2023 - 18:09

I recently moved out of my rental property that I was renting for almost 2 years.

My REA has emailed me to say that they will be making a claim to my bond for scratches on the timber floor. The scratches in question are less than 1m long, affecting 2 floor boards at most and surface level only (not gauges) I disputed and sent timestamped photos of our move in that show there are many pre-exisiting scratches on the floor of similar nature which clearly they have not disputed with the previous tenant or had replaced/repaired. I unfortunately don't have photos of the scratches they are mentioning as I never even noticed them! Could have been caused by us, could have been the previos tenants who knows?

Anyway, there is also plenty of natural wear and tear to the floors. They are quoting us $1400 for the entire floor to be sanded and varnished, even though the scratches only effect 2 floor boards at most and would not even be visible unless you were close. I am not prepared to pay for the entire floor. What is best to do? Offer to pay for a proportion of the cost or fight with tribunal? We had no issues during our tenancy and the apartment was always immaculate. Also the quote they have sent was provided by the company that constructed the apartments, is that normal? I feel they are treating us unfairly and trying to take money when they probably won't even replace the floor.

Another thing is a hairline crack in the bathroom basin (not chipped just faint lines) again I might be being ignorant but I never noticed it. The in going condition report doesn't show any cracks. I queried with the cleaning company that did our end of lease clean (recommended by REA) as I was pretty certain I would have noticed the crack during my time living there. They have obviously not taken accountability. Since I have no photo evidence I'm guessing there isn't much I can do. My questions relating to this are 1) Do I offer to pay for a proportion of the cost? 2) Can cracks like this happen over time? It has been very cold in NSW and the hot water that comes out of the faucet is scolding to the point it could have come from a kettle. I read that such a contrast in temperatures can sometimes cause this type of thing? I know I might seem I am clutching at straws, but I KNOW that nothing was dropped on the basin causing it to crack. We have been responsible tenants throughout and this has not happened due to being negligent.

Thanks!

Home & Garden

Comments

  • 2jzzzz on 10/08/2023 - 18:17
    +6

    If they haven't beaten you to it, beat them to it by lodging to have it released. If they dispute, they have to initiate qcat processes

  • heyrutts on 10/08/2023 - 18:20

    Yes I did that today after sending my dispute email to them over 24 hours ago with no response. REA replied almost instantly to say 'notice that you have submit your bond claim, we will be applying to tribunal'

    • meowsers on 11/08/2023 - 07:15
      +4

      Good on you. Just take it to tribunal and let them waste their money. Fair wear and tear is to be expected. Remember the homeowner is claiming depreciation on all this stuff too on their taxes…

  • elgrande on 10/08/2023 - 18:28
    +8

    For $1400 I'd be at the tribunal. There would be the ability to patch up the scratches for significantly less.

  • Typical16-bitEnjoyer on 10/08/2023 - 19:21
    +1

    Name and shame.

  • randomusername2017 on 10/08/2023 - 19:27
    +4

    pre-exisiting scratches

    Wonder how much they collected from the previous tenants.

    As mentioned above, get in first and if they are serious they'll lodge a dispute.

  • thatonethere on 10/08/2023 - 20:40
    +4

    Most REAs charge the landlord for an xCAT appearance. $300 typically.

    Just play chicken with fair wear and tear. If there is no impact damage on the basin it was not your issue either.

    If the fitout is older than 7 years it is fully depreciated too

    • ssfps on 11/08/2023 - 04:21
      +3

      "Fair wear and tear" is certainly the phrase i'd be mentioning after asserting the floor was already scratched and showing images of similar pre-existing scratches.

      OP, it's very common for REAs to always try and claim something on bond regardless of how clean and careful a tenant you were.

      • EightImmortals on 11/08/2023 - 07:39
        +1

        And I thought politicians were bad….

  • JIMB0 on 10/08/2023 - 21:49

    Sometimes the property managers get over zealous with inspections. The owner probably couldn't care less. You'll find out if it goes to tribunal. Contact the owner if you have their details.

  • lgacb08 on 11/08/2023 - 08:29
    +1

    They just play chicken game with you, even if it gets to the tribunal they won't get replacement value of it to begin so I bet it even make it worth their time. Offer them $100 as goodwill gesture but explicitly state that it's not an admission of responsibility but rather to cover general wear and tear, and it will look favourably on your side when it comes to the tribunal.

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