Guest scooby10 Posted August 5, 2011 Report Share Posted August 5, 2011 When we moved into our furnished rental we paid a bond and 2 weeks rent in advance straight into our Landlord's account and signed a lease for 6 months. Since we moved in we have had a few problems regarding repairs needed, emailling them and waiting weeks for replies. As we have never rented before we looked up some info on the internet and found that our bond should be in a separate account and both parties should of completed a form for this. We also have never received any receipts for rent received (although have bank records) Our signed lease also states we were to receive an inventory and property condition report within a week of moving, which we didn't, and when we have asked for it again and again we still haven't received. We have made our own. We are now a bit concered that there will be problems when we move our in 2 months. Can anybody offer any advice Thanks Quote Link to comment Share on other sites More sharing options...
Guest Wooster Posted August 5, 2011 Report Share Posted August 5, 2011 Your right on all accounts. I'm not sure how you'll stand legally but if i were in your shoes i'd move ASAPand just hope you get your 2 weeks bond back, other than that put it down to a learning curve and move on to somewhere else. This is an exptremley bad example of renting. We have rented in oz for three years, privately for the last two and the private rent has been the best by far, they do are repairs quickly and don't even inspect us. Next time you'll be vigilent i'm sure. Sorry about your bad luck but trust me there are really great landlords out there who do things by the book Jo x Quote Link to comment Share on other sites More sharing options...
Guest 4lex Posted August 5, 2011 Report Share Posted August 5, 2011 Don't assume all is lost just yet. I would suggest that you write to the landlord and have the letter delivered by some guaranteed means. A courier service shouldn't cost you more than twenty bucks, or Auspost can do it cheaper. In your letter write down exactly what the arrangement made between you was and exactly what has been paid and when. Detail your understanding of the terms of the let as regards duration and break of lease etc. You don't need to evidence it at this point, but be prepared to do so with bank records etc. Even if you paid the bond in cash you should be able to evidence withdrawal of said cash? Also include your own inventory and condition report, and be detailed. For each room, for each wall, floor, ceiling, door, window, power socket, etc etc etc, note down whether the item is new or old, working or not, clean or dirty. Give the landlord fourteen calendar days from the date of receipt to dispute anything you have written, noting that s/he must do so by return letter, and should they fail to do so then they are deemed at that point to accept the terms, conditions, inventory and condition report as laid out in your letter. Take photographs if you like, digital are fine. Bear in mind that if the landlord wishes to retain any of your bond they must prove that you have caused damage - the burden of proof does not lie with you to prove you did not. Once you've got the proof of delivery, put that together with a copy of your letter, inventory etc in another envelope, seal it and send it to yourself by a similar recorded method. Do not open it when it arrives. This you can then use as evidence that you did indeed produce said communication on the date on which you claim, should you ultimately wind up in the magistrates court to recover your bond. Good luck. Alex Quote Link to comment Share on other sites More sharing options...
Guest suzy+1 Posted August 5, 2011 Report Share Posted August 5, 2011 Have had a very similar problem and ended up going to a pre-court trial (from recollection it cost me around $40 dollars and you just had to go in and fill out an application for dispute) the landlord then gets a delivered copy and a date is set, there was just a mediator between both parties and if an agreement is met it goes infront of a judge for a quick finalising of agreement, if not met it escalates into a more formal hearing. The bond was definatly ment to go into a government account and if you wanted you can inform the appropriate people for this, it does carry a fine of around $3000 for the landlord. I found free advice from the 'tenancy advice line' very good also. Hope you havent moved into my old rental!! Lol. Good luck. Quote Link to comment Share on other sites More sharing options...
Guest Little Lisa 1971 Posted August 5, 2011 Report Share Posted August 5, 2011 Don't assume all is lost just yet. I would suggest that you write to the landlord and have the letter delivered by some guaranteed means. A courier service shouldn't cost you more than twenty bucks, or Auspost can do it cheaper. In your letter write down exactly what the arrangement made between you was and exactly what has been paid and when. Detail your understanding of the terms of the let as regards duration and break of lease etc. You don't need to evidence it at this point, but be prepared to do so with bank records etc. Even if you paid the bond in cash you should be able to evidence withdrawal of said cash? Also include your own inventory and condition report, and be detailed. For each room, for each wall, floor, ceiling, door, window, power socket, etc etc etc, note down whether the item is new or old, working or not, clean or dirty. Give the landlord fourteen calendar days from the date of receipt to dispute anything you have written, noting that s/he must do so by return letter, and should they fail to do so then they are deemed at that point to accept the terms, conditions, inventory and condition report as laid out in your letter. Take photographs if you like, digital are fine. Bear in mind that if the landlord wishes to retain any of your bond they must prove that you have caused damage - the burden of proof does not lie with you to prove you did not. Once you've got the proof of delivery, put that together with a copy of your letter, inventory etc in another envelope, seal it and send it to yourself by a similar recorded method. Do not open it when it arrives. This you can then use as evidence that you did indeed produce said communication on the date on which you claim, should you ultimately wind up in the magistrates court to recover your bond. Good luck. Alex Brilliant reply! Quote Link to comment Share on other sites More sharing options...
Goat Posted August 6, 2011 Report Share Posted August 6, 2011 Brilliant reply! Holiday let's are often sub let properties , bonds are only paid to the WA govt pn long term rentals Quote Link to comment Share on other sites More sharing options...
Guest scooby10 Posted August 6, 2011 Report Share Posted August 6, 2011 Thanks for all your replies. It has definately made me delve further for info. Our concern stems from the very lax way everything is done with these landlord's/owners. When we came to view this house they were very professional, taking pictures of damage "to protect us more than them", friendly (which is how we like things) and seemed very approachable. We are lucky that we don't get inspections but when they have come it has been a text message saying I will be there in 1 hour. That can't be right? Should of said in my first post it was a private rental (advertised on the web) and we deal direct with the owners, just incase it makes a difference Now I have found out that (as stated on the lease) occupancy starts and finishes on the dates shown on the receipt - what receipt!! (are we meant to have a copy with their signatures also?), the property report should of been done together and both parties to sign (which is stated on the lease) on moving in day. Still not received that. We have found somewhere else to stay, as the landlords were asking for a lot more rent per week if we stayed, but would be moving in 1 week before the end of our lease date. We have told them that we are moving earlier and they said they would have to discuss it and let us know. That was 3 weeks ago and still waiting. As there isn't much in the lease contract that is right, where do we stand on moving early? I have read about being classed as abandonment. Can we move and not be held to pay for the extra week. And can bond be kept to cover this week? Our bond is a lot of money. If we are held to the dates, and pay, can they be there, staying over or not to do work or other? We really do not want to cause problems but I want to be ready is case the s##t hits the fan which I can see happening. Thanks again. Any help is really appreciated. Quote Link to comment Share on other sites More sharing options...
jackboots Posted August 7, 2011 Report Share Posted August 7, 2011 have a look at this ... good luck ! http://www.taswa.org/ Quote Link to comment Share on other sites More sharing options...
Guest scooby10 Posted August 7, 2011 Report Share Posted August 7, 2011 Thanks Jackboots. I have been trying to phone them but cant get through as they are busy. I have also been trying Anglicare but no luck either but will keep trying . Quote Link to comment Share on other sites More sharing options...
Jen_PFR Posted August 11, 2011 Report Share Posted August 11, 2011 Holiday let's are often sub let properties , bonds are only paid to the WA govt pn long term rentals That isn't necessarily true - we always lodge our bonds with the Bond Administrator, and we do rentals from two months upwards. Scooby, here's the spot to find out some more info on bonds etc in WA:- http://www.commerce.wa.gov.au/ConsumerProtection/Content/Property_renting/index.htm Best of luck with it all - let us know how you go. Regards Jen Quote Link to comment Share on other sites More sharing options...
Guest scooby10 Posted August 12, 2011 Report Share Posted August 12, 2011 Thanks for the link Jen I am still trying to get through on the phone for advice. No luck yet. Will keep you posted on how things work out. Quote Link to comment Share on other sites More sharing options...
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