Tuesday, August 08, 2006

Maintaining their rage

After the angry call from the RE-agent earlier, I was wondering how my bond was going and how thye were feeling about the whole thing. I hadn't heard a thing since then. I received a nice little letter in the mail last night saying that they were claiming the entire bond. I hear this from the bond board. Surely I need to at least be given some kind of reason or something!?!

I was going to post about being a manly man and fitting a towbar to my car on the weekend, but yesterday (as opposed to victory Sunday, St Towbar's day) really did turn out to be craptacular after that letter. That crazy rollercoaster of life...


*UPDATE* got a response this morning from my please explain email:

"I will be finalising the bond claim for you today.

The bond has been claimed in full and once the amount claimed is ascertained we will refund you any surplus.

You can expect finalisation letter today."

Weird. Just plain weird.

12 comments:

DV said...

What the f???
Please tell us you're going to dispute it?

MrSnerg said...

Well... funny thing is... I'm not even sure what I'm disputing! No explanation at all. So I've sent of an email to them, digitally signed and also CC'd to second address of mine as some kind of proof of sending. I await their reply (in writing).

DestructoMeg said...

NO

NO NO NO

they soooooo need an arse whipping. At this rate they too will be laughed out of the tribunal.

worldpeace and a speedboat said...

keep it up Snerg - they should be giving you a full breakdown of the amount/s they're claiming so you have some form of recourse. screw them and the horse they came in on!

MrSnerg said...

Indeed! Well they have given me a total list of costs... turns out they do business in an "interesting" way. They actually claim the whole lot, take out the bits they want, and pass on the refund. Amusing, no? Anyway, they aren't claiming the lot, but they are claiming a sizable portion and I'm not convinced they have as much a claim as they think they do. I now need to go hunting for 3 year old photos....

MrNw said...

What you actually need to find is the official inspection form that the agent would have written up and you would have signed. The form divides the house into rooms and lists tings such as lights, 3 hooks on walls, spots on carpet etc. When you moved in you would have had a chance to also put things on the form and then you and the agent would sign it and each get a copy. Photos may help but I think the form is were the legal action is at.

If they do not have a form that you signed indicating the "original" condition of the place, they will have a hard time getting anything from you. In several places I have lived in, the slackness of the agent was such that they never got the condition report singed by me. So nothing out of the bond for them.

Beware, the current place I'm in put a clause in the contract saying that if the condition report was not singed by me within 2 weeks then the report as they wrote it has been accepted by me.

From my experience agents are lazy, but they will try lots of stuff to try to get cash out of you. Suggest to them that you would like your bond refund to be decided by the rent tribunal. (I think that the name of the people who deal with this) This would mean that they have to take time off to get to the tribunal and since you probably have a reasonable case, they may give up or at least compromise a bit. You need to turn their slackness against them. Make them work to get money out of you and they probably won’t.

DestructoMeg said...

What MrNw said. fight them on the beaches!

worldpeace and a speedboat said...

totally what Nw says.

MrSnerg said...

Well I have now written them a nicely worded letter asking them to explain their claim on carpet compensation, and to explain it to me before I need to make a final decision on dispute resolution. I await their reply....

Tim said...

Hey,
You appear to be the only person on the whole internet who has had the same problem as me, regarding 'carpet compensation'.
My real estate agent has just informed me they will be taking $Aus600 from my bond for 'carpet compensation' because they were new when I moved in and they've gone down in value.
I'm not sure this is my problem and would love to know how you got on with your case.
Cheers,
Tim

anti ob said...

They can't ding you for normal wear-and-tear on the carpets, only spectacular destruction. And the normal lifespan of carpet in a rental place is like 5-8 years I think? So I'd want to see proof of when it was replaced last before I gave them a cent for that.

Them taking the whole bond back from the bond board is blatantly illegal. When you move out, there is a bond release form that specifies how the money is to be divided up and why, that you BOTH are supposed to sign to release the money from the bond board. If you can't agree, one party can file the form without the others signature, then the bond board is meant to inform the other party in writing, then you get 2 weeks to contest it before they can release the dosh. Thats how Coz and I got our whole bond back from Beresford - they were too slack to sign the bond form, so I filed it myself without their sig, and they never contested it.

anti ob said...

Oh, now I get it - the letter you got was from the bond board, not the RE agent? That would be them filing wihout your sig.

Don't even start with polite negotiations Snerg; file your counter-claim for the whole bond now, so you don't somehow miss some magic deadline and they win by default. _Then_ you can move on to the polite negotiations.