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QLD Multiple Rental Disputes - What to Do under Property Law?

Discussion in 'Property Law Forum' started by Tamsin, 12 September 2015.

  1. Tamsin

    Tamsin Well-Known Member

    Joined:
    11 December 2014
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    Hi everyone, sorry this is a bit long but I have a heap of issues I need some help with.

    I recently moved out of a rental property, and did the usual big clean for the exit report. I've done this before, always done the cleaning myself (apart from carpets and pest) and always had my full bond back.

    I handed the keys back and when they sent me the exit report, it said the entire house was filthy and that nothing had been cleaned. They told me I needed to use their suggested cleaning company (which would have cost me hundreds of dollars). The report also told me I needed to repair a few chips in wooden doors, marks on the walls, and two broken towel rails. They said all the carpets were still dirty and the contractors would have to be paid to do it again.

    I was really shocked. The house was almost spotless. The carpet guy came back and very nicely sprayed some chemicals in the rooms to make it smell like he had done it again. He told me that 90% of his call backs were to this particular real estate company and he did not like the way they did business. I took pictures of everything being clean and sent the report back to them. I explained the house was clean, I pointed out that the chips and marks on doors and walls were on the entry condition report and so were not my responsibility, and reminded them that I had submitted TWO maintenance requests for the towel rails which broke a week after we moved in, and which had been ignored. Over the next 10 days they called me constantly with more claims of things being dirty in the house, sent me pictures of some really dirty window tracks, and told me I needed to go back and clean again. They gave me another exit report which now told me the mud I had used to fill a small hole my kids dug in the yard was 'not the right type of mud' and said I needed to re do it.

    So I went back to the house again and took pictures of the window tracks which were clean. I handed the keys and report back again and told them I wouldn't be getting a different type of mud for the holes. While in the office the woman asked me about the irrigation system. When we moved in we were told verbally that there was a system but it was broken. I did actually see the owner out watering the yard by hand when I went to view the property. The system was not put on the entry report and it was clear they would not be fixing it.

    Anyway, the woman asked me why the plug for the irrigation automatic timer was broken. She said that it was fine on the entry report. This was the last straw for me and I told her it was not on the entry report at all because it has always been broken! She said she had an 'electrical expert' who said it had been dropped and would be contacting her later with evidence of who broke it. I didn't know whether to laugh or cry so just walked out.

    Next I got more emailed pictures of dirty window tracks (which did not make sense as I had literally just taken pictures of them clean) and of the plastic AC filters, with a claim they were dirty and covered in mould. The picture actually shows how clean they are, but she said I needed to return to the house and clean them with bleach and CLR. I told her I would not be cleaning anything in a way which was contrary to the manufacturers instructions, and also the advice of the cleaning product in the case of CLR. I told her that I would like to complain because I was upset I had been lied to about the irrigation system being on the entry report, and that they had tried to get me to pay for repairs and then backed off when I stood my ground and knew my rights. I next got a reply from the property manager who told me that everyone who had ever complained about their company had ended up being blacklisted by them. I decided it was getting silly so I replied saying the house was cleaned to the level of the entry report and I would be applying for my bond back.

    She emailed me today telling me that she had made her own claim on my bond. She said she had expert analysis to show that it was tenant damage to the irrigation system plug and not owner damage and so was charging me for the full invoice. She has not told me how much or given me any more details. She is also claiming $40 for the cost of using bleach and CLR on the AC filters. I called the RTA who said to put my claim in and let it go to dispute which I am doing.

    I just wondered if anyone can tell me what to do next? Is she obliged to provide me the invoice she is charging me for? Can I ask for the so called expert report showing it was definitely me who broke the plug? Does she have to give any proof that it cost $40 to do who knows what to the AC filters? Would bleaching already clean filters not be considered the owners choice and not a necessity for my bond release? Does the fact that they have lied and tried to con me make a difference to the outcome? If they have written in an email that they are charging me for the irrigation system, are they not obliged to provide an entry report with it on??!

    I have now found out that this company have a terrible reputation for doing this to people. A number of contractors in town won't do business with their properties because of this. They were named and shamed online last year for threatening people with blacklisting if they complained about them. Also for threatening to release personal details about one of their tenants if they did not stop a complaint. I can't believe they are still doing business and I want to do something about it. I know I can complain to the office of fair trading qld, but would it make any sort of bigger impact if I could get other people to complain with me? I just hate the way they are bullying people with no consequences. I know my rights under Property Law to an extent, but plenty of people don't. They get people to do all these things they shouldn't have to for some sort of power trip.

    Sorry this is so long, I am just very determined that I want to do something about this as I believe it is wrong.

    Thanks in advance!
     
  2. Amanda E

    Amanda E Well-Known Member

    Joined:
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