Australian Consumer Law - Received Receipts for No Work Done?

[Elise258]

Hi,

I require assistance with the following:

The landlord is claiming bond and compensation for a number of issues. I have been given receipts for work supposedly carried out on the 5th and the 12th August. Neither of these jobs have actually been carried out. Is it legal under Australian Consumer Law to be given receipts for work done before the work has been done? These are receipts and not quotes.

The jobs the landlord is claiming for was for things I don't believe required doing either.

Look forward to hearing your response.

Thank you

 

[Rod]

While not carried out, they may have been paid for. Work may be scheduled for later completion.

Only damages you cause can be claimed. Without detail it is not possible to know if the landlord's claims are reasonable.

 

[Elise258]

Hi Rod,

Thank you for your reply. So I should ask that they have been paid? The receipts say that works carried out & have been provided by friends of the estate agent. Receipts were for removing stinging nettle weeds in back yard & cleaning( which was already done & photos taken).

This property is to be renovated & repaired due to structural damage- restumping, cracked walls, bathroom reno & asbestos garage is to be knocked down. This property is over 50 years old and has many structural issues.

Thank you.

 

[Sophea]

Depending on which state you are in, you can generally go to the residential tenancies authority and have the dispute resolved or apply to a tribunal for determination of the disputed amount of bond refunds.

This is info on how to do it in Qld, but I'm not sure where you are so you will have to find the corresponding information in your state.

Getting your rental bond back | Residential Tenancies Authority

 

[Rod]

Having or not having paid receipts is not going to help you. Focus on what they are claiming.

If you have done a good job tidying the yard and cleaning, then photos are your friend. Even if not exactly friendly to your case, photos might help limit the damages they are claiming.

Did you have an end-of-lease inspection and did you sign it or query any items?

 

[Elise258]

The agent conducted an end of lease inspection, but did not contact me to arrange for me to be present. Keys were handed back 2 days early. I had not heard from estate agent for 2 weeks, which was when I received notice regarding claiming bond. I received an email, asking me to sign over bond, which I disagreed with and then received an application to attend vcat a few days later.

 

[Rod]

They intend to prove their case, probably with photos.

You then need to counter, hopefully with your own photos.

If you are nervous type of person and easily flustered take a friend with you who has good common sense and who will not make a scene thereby jeopardising your story. Talk it through with your friend before the hearing, get your facts rights, and write some notes so that you do not forget things on the day.

 

[Elise258]

Thank you for that info. I have a heap of photos, notes, emails & diary entries, discussions with agents at inspections.

I also wish to ask whether landlords are obliged to advise tenants of asbestos. The garage at this property contained a garage made of asbestos sheeting and was in a very bad state with large cracks & broken sheets( located in the garden beds). This garage was used to store a lot of my goods as the inside of the property had no storage.

I had complained to the agent a number of times regarding my concerns and was then given 60 days notice to vacate. As I am still looking for a property I would like advice regarding the possible exposure to asbestos as a number of other properties have asbestos, although not damaged like the previous one.

Thank you