End of tenancy dispute

[Christine]

We rented a property in the northern suburbs for three and a half years which we vacated on the Friday 26th July prior to returning to the UK. We had our final inspection on the 29th. As our contract ended on the 28th, which was a Sunday, we asked to agent what we should do regarding keys and inspection. She advised us that she didn't deal with this at weekends and the Monday would be fine. We took her at her word. We had always had excellent inspection results. Not one problem. The result of the final inspection was exactly the same to the extent that the agent said that she wished she had more tenants like us and was sorry we were leaving. There were no queries or problems. She said we would be given our full bond back minus the water bill within the week. We returned to the UK from Perth on the 12th August, two weeks later. We had not had contact from the agent, no final inspection report (required with 14 days) and despite phone calls and emails did not receive contact until 4th September when we were advised that the landlord was now seeking compensation for a stain on the carpet. Stain? Was this so miniscule it had not been seen or was it actually there? These had been professionally cleaned with no mention of a stain. We had the agent's recommended cleaner's all clear, the carpet cleaner's all clear and the agent's all clear and now a stain had appeared. We refuted this on the 6th September and on the 18th September after more prompting we were advised that the landlord was now claiming compensation for the stain on the carpet (which had bleach marks on it, and noted, when we moved in) $350, three ornamental plants $350, a new cover for the pool $200 and a days rent $270. We replaced plants in the garden which had died due to the climate, the pool cover was wear and tear and had needed replacing for some time as the pool maintenance man reported, the stain was unknown to us and the rent was not our fault as the agent declined the keys and inspection over the weekend and there was no means for us to return them. Obviously the landlord and the agent knew we were returning to the UK on the 12th and were during this time contactable by mobile phone and email. This is so unfair. How do we fight this from the UK without spending as much as we would be saving. Any advice?

[portlaunay]

That sucks but it really doesn't surprise me, principled and decent real estate agents are as commonplace as honest politicians.

Did you have a bond lodged with an agent? If so I'd be inclined not to enter into a dispute and, given the geographical barrier you now have, go straight to the Magistrates as advised here;

http://www.commerce.wa.gov.au/consumerprotection/content/Property_renting/Renting/Bonds.html

 

If you have a copy of the final inspection report then that should be all the evidence you need. If the agent signed off on it then just submit that as evidence with your dispute.

If you don't have a final report then simply stick to the facts and state your case. you could insist on evidence to support their claims that the stains were present at the time of departure.

 

If it were me I'd fight it all the way and it needn't be expensive, just time consuming.