The best way to ensure you’re well positioned to get all or most of your bond returned is to meet with the agent and/or landlord for a final inspection and address any issues or concerns they may have.
Hopefully everything can be dealt with then and there and everyone walks away happy.
Keep in mind that again, aside from leaving the property in a state that is beyond reasonable wear and tear, there are numerous other instances where the agent and/or landlord can claim against your bond.
This could include some things like;
If you have any outstanding bills or owe any money
If you broke a lease early
If you didn’t return keys
If you damaged, broke, removed or misplaced items that belonged to the property
For reasons like these and others, agents and/or landlords are in a position where they can claim against your bond.
Wear and tear has come up a few times now, so what exactly is defined as fair wear and tear?
Fair wear and tear means deterioration that occurs over time with the use of the property.
Any negligent, irresponsible or intentional actions that cause damage to the property means you may be liable.
For example, furniture indentations on the carpet is usually fair wear and tear.
Stains on the carpet that weren’t there before you moved in would mean you may be liable.
Traffic marks on floorboards is usually fair wear and tear.
Badly scratched floorboards means you may be liable.
Faded, cracked or chipped paint is usually fair wear and tear
Unapproved painting means you may be liable.
The way bonds are handled vary from state to state but in NSW, all bonds are lodged online through Rental Bonds Online (RBO) – part of the Fair Trading website.
For bonds that are not lodged using RBO you can claim your bond back using the Fair Trading claim for refund of bond money form.
If the agent or landlord agrees to the claim, the bond can be returned without delay.
If they don’t agree, according to fairtrading.nsw.gov.au;
You need to lodge the form with Fair Trading completing all required details with correct information including your forwarding address and bank details
Fair Trading will then give the landlord or agent 14 days from the date of the notice to either settle the matter with you or contest your claim by applying at the Tribunal
If the landlord or agent does not apply to the Tribunal, the bond will be paid out as per your claim.
If the landlord or agent applies to the Tribunal, the bond will be held by Fair Trading until the dispute is settled
If the landlord or agent lodges a claim for a refund first without your signature, Fair Trading will send you a notice advising of a claim which will be sent to your last known address
You can either resolve it with the landlord or agent or apply to Tribunal within 14 days from the date of the notice if you disagree
Be sure to notify Fair Trading that you have applied to the tribunal so that the bond can be held until after the hearing
Within 7 days of lodging the claim, the landlord or agent must send you copies of the final inspection report, along with any estimates, quotes, invoices or receipts relating to the claim. If they fail to do this you should raise it at the Tribunal hearing.
You should also tell the Tribunal if you were not given a reasonable opportunity to be present at the final inspection, and if you disagree with what was written in the final condition report. You should also show any evidence you have to support your position
If you and the landlord or agent reach a different agreement after one of you has lodged a claim, then a new claim form will need to be lodged with Fair Trading with both of your signatures.
Otherwise, the first claim lodged will be paid out after 14 days. Once the bond has been paid out, either you or the landlord or agent can still apply to the Tribunal. There is a six month time limit to do this.
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This information is of a general nature only and does not take into account your objectives, financial situation or needs. We are not financial, legal or tax advisers. You should seek appropriate professional advice specific to you before acting on this information.
