LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Propety Law - Security Deposit for Renting a House Issue with Landlord?

Discussion in 'Property Law Forum' started by Bwhitemacky, 11 February 2016.

Tags:
  1. Bwhitemacky

    Bwhitemacky Member

    Joined:
    11 February 2016
    Messages:
    1
    Likes Received:
    0
    Hi there.

    I just moved out of a house I was renting. There were no signed contracts or tenant agreements, etc. I paid a bond of $500. My landlord decided to keep my full bond for damages. The damages are as follows: broken outdoor glass table, broken pendant light glass shade. These damages were not intended.

    For example, I put an umbrella on the table as it is supposed to be placed. It was extremely windy one night and broke, and while changing a light bulb, one of the pendant glass shades fell and broke off my forehead (fortunately my eyes were not cut). I quoted the replacements and tried to come to an agreement where this money would be taken out of the deposit.

    The costs were significantly lower than my bond. Instead my landlord was uncooperative and verbally abusive as he had got drunk and high before facing me as he knew I wouldn't be too happy with his decision.

    This probably won't be considered as wear and tear, but have I got any basis to challenge him in court under property law, or are am I just simply in the wrong here?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    It sounds as though you would have grounds to make a claim for at least a refund of the difference in price between your bond paid and the cost of the damaged items. I believe the small claims tribunal hears tenancy disputes in WA.

    Also, if it was the property owner that leased the premises to you, do you know if the bond money was held in an approved account during the tenancy? This is a legal requirement. Owners can pay the bond into an authorised financial institution to be held in an individual account in the names of the owner and the tenant titled “Tenancy Bond Account”. Its an offence not to take this action.

    If this was not done, this is also something that could be raised in a hearing, and/or used as leverage for negotiation.
     

Share This Page

Loading...