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I fixed all the minor defects when I quit the lease in Australia and cleaned the house with a cleaning company recommended by the agent. But the intermediary raised the issue of paint and rust during the inspection, believing it to be damage. I suspect it's because the cleaning company didn't do a good job or the intermediary didn't make reasonable requests. What should I do in this case? Should I apply directly to the Australian Housing Tenancy Authority (RTBA) for a refund of my deposit?

I understand your concern. When it comes to issues like this, communication and documentation are key. Here's what you can consider doing:

1. Review Your Lease Agreement:
First, carefully review your lease agreement to understand your responsibilities regarding the condition of the property upon vacating. This will help you understand what is considered normal wear and tear versus actual damage.

2. Request Clarification:
Reach out to the intermediary or the landlord/agent who conducted the inspection to seek clarification on their concerns regarding the paint and rust. Ask for specific details about what they consider to be damage and whether they have any photographic evidence to support their claims.

3. Provide Documentation:
If you believe that the issues raised are not valid or were present before your tenancy began, gather any documentation you have to support your case. This could include photos of the property at the beginning and end of your tenancy, receipts for any repairs or maintenance you conducted, and any communication with the landlord/agent regarding the condition of the property.

4. Negotiate:
If the landlord/agent insists on deducting money from your bond for the alleged damages, try to negotiate a resolution. Offer to rectify the issues yourself or agree on a reasonable deduction from your bond.

5. Dispute Resolution:
If you're unable to reach a resolution through negotiation, you can consider lodging a dispute with the relevant authority, such as the Residential Tenancies Bond Authority (RTBA) in Victoria, or the relevant authority in your state. They can provide mediation services or facilitate a resolution.

6. Legal Advice:
If the matter escalates and you're considering legal action, seek advice from a tenancy lawyer who can advise you on your rights and options under Australian tenancy laws.

In terms of legal concepts, it's important to understand the distinction between normal wear and tear and damage to the property. Normal wear and tear refers to the gradual deterioration of a property over time due to ordinary use, while damage refers to any harm caused to the property beyond normal wear and tear. Landlords/agents are generally responsible for maintaining the property in a reasonable state of repair, while tenants are responsible for returning the property in a similar condition to when they moved in, taking into account normal wear and tear.

If you have any further questions or need clarification on anything, feel free to ask!

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Date
24 February 2021
Place
Victoria
Judge
BEACH,OSBORN JJA,STYNES
Highlights
- - - - - The text tells the story of a fire which broke out on the balcony of an apartment in the Lacrosse building in Latrobe Street, Docklands, Australia, on 24 November 2014. The fire started when an incompletely extinguished cigarette butt left on the table with a timber top near the source of ignition, and quickly spread to the cladding on each level of the building. The building suffered extensive damage in the fire, and many of the people living in the apartments were affected. In March 2016, proceedings were commenced in Victoria Civil and Administrative Tribunal (VCAT) to determine who was responsible for the damage caused by the fire. Ultimately, it was determined that eight respondents were responsible for the damage and replacement cost of cladding which had not been damaged but was now recognised as posing a significant fire hazard. Applications for leave to appeal by Thomas Nicolas and Elenberg Fraser were refused, while Gardner Group's application was granted with respect to ground 3 only. It was determined that costs would also be heard in relation to consequential orders.
Judgment
Other FAQs You may Interested In
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