hi all
first time writer so i how i dont mess it up
i have a property in WA that i have just removed the tenants from (sister inlaw to make it worse)and as this was my first rental property and the fact that she was my sister inlaw we overlooked alot of the standard procedures ie initial conditions report, large bond, regular rental inspections etcprior to them leaving we had arrange for the house to be put on the market and while we were all friends we (wife and i) arranged to fix the damages with them to the house that they had done while there. ie multiple chips and damage to the wall, carpet cleaning, painting, replacing irrigation and plants that where killed so that the house was bought back to the condition we had leased it to them in and so that we could take some nice photos for the advertisement.
at the time they had agreed to pay for the nessesary equipment to fix the house, but now they are claiming that chips where there already, there was no plants in the garden etc. and that they are no longer going to pay although i still have $600 bond (which isnt enought to fix but it does help)now that they are out i have done a final condition report and taken video and photos of the remainder of the damages not fixed as well as new damages likeholes the dogs have done in the garden and massive oil stains to the entire driveway and garage, missing light fittings and things like shower curtains
being that all i have is some photos of the house prior to them moving in and prior to us fixing the damages they did to the walls and the garden, i do have the previous tenant that may have some photo of the house as they left it and they can go witness too, receipts for the paint and plants, mulch etc where do i stand??????
Please Help
thanks heaps
nabeelDo you have landlords insurance? If so, have you lodged a claim and given the photos to the insurance company?
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
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How much money are you talking (after the $600 bond)? Might not be worth the hassle of chasing it.
Sometimes the time you put in can outweigh the monetary gain (if any)
Chalk it up to a lesson learnt. Friends/family and money don't mix.Did you have a formal lease agreement?
How much money are you talking (after the $600 bond)? Might not be worth the hassle of chasing it.
We are talking about another $500 over the $600 bond i have already and For the sake of any further relationship with her and my wife I am happy to let this matter go. However it is her that is has threatened to take it to court (she is claiming that the bond taken original was $1100 not $600 and that I can’t claim thing like plants, plaster and paint)
As I am new to these matters I don’t know what The courts would say as there is no receipt for the bond and can I claim things like the plaster, paint, and plantsHi All,
Have to say even if you have good tenants some plants may die any way especially if they wrong type for WA. How much is a shower curtain worth? $10? Oil stains come off concrete, just get the right thing to clean. If the dog has dug up the lawn chuck down a bag of lawn food and lawn seed $30? If the dog has dug up the garden beds chuck down mulch $6 per bag. Missing light fittings – were they expensive?
Treat this as a learning experience. Always get documentation and photographs. There is a reason for inspection reports, condition reports, bond etc. It does sound like it is on the minimal side of the damage scale and while you may be out a couple bucks and some time you have lost more in damage to your relationship.
Good luck working things out.
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MeJacM [649 Posts]
December 12, 2010 – 10:16am
Joined: 01/12/2009
Do you have landlords insurance? If so, have you lodged a claim and given the photos to the insurance company?I do have landlord insuranc but don’t really want to claim just want to settle with taking the bond and moving on
Can she take the bondWhats your brother say?
Brian
He’s staying out of it. Do you have any information that may be able to help Brian
Hi Nabeel
Difficult family situation. DWolfe is on the money by the sound of it as usual.Hopefully you can substantiate the bond was $600 by the receipt you issued them. If not, it’s up to them to help substantiate their claim for any amount over $600.
Wear n tear is allowed relevant to the type of occupants incl extra allowance for more wear n tear for kids and disabled persons.
Chips, scuff marks etc are usually fair wear n tear.Without a detailed inbound tenant-signed condition report and outbound condition report you will most likely not be able to press the matter in any court because the before n after condition might not be legally established and mutually agreed.
Sounds like you lose due to lack of professional paperwork.
Suggest you improve your paperwork and keep family relations, you might consider it a small loss compared to some loosely structured and inadequately documented family business deals.Good luck
Cheers.
thecrest | Tony Neale - Statewide Motel Brokers
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Where was the bond? Did you lodge it with Tenancy Board? Sounds like you haven't followed proper procedures – in Victoria you have to give the tenant a copy of a red book from Consumers Affair
Hi
No bond was kept in my house in a envelope. There are alot of things that were done wrong some without paperwork but I do have witnesses and some photos.
What happens if it goes to tribunal? Will they naturally side with the tenant? Is there a fine involved if I don’t register the bond with the tenancy board? How is someone that hasn’t studied the residency act and consumer law ment to know surely there is something that covers people in my situation surly im not the only one
Can anyone shed some GOOD light on this situationSounds messy – you haven't followed proper procedure and ignorance isn't a excuse, that is why there are property managers. I think chalk this one up to experience – come to whatever agreement you can come up with with the tenant. You may even have problems claiming through insurance as proper procedures weren't followed.
It could have been much worse – I have been in a similiar situation and you have my full sympathies
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