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QLD Real Estate Agents Claiming Bond Before Tenants Exit

Discussion in 'Property Law Forum' started by miss_j, 5 May 2015.

  1. miss_j

    miss_j Member

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    Hi. Our real estate agents have been a nightmare, we were issued a general notice to leave due to being outside of our lease. New real estate agents took over the complex and evicted everyone they could (19 in total). They have breached us for arrears that do not exist - the ledger is incorrect, they refuse to explain any transactions or balances.

    We took the general notice to leave to QCAT claiming retaliation, but the adjudicator was not satisfied. They also counter claimed on the same day for rental arrears that did not exist. The judge dismissed the arrears but did order a warrant of possession. My partner gets outposted for work and just before our leave date he was sent away, leaving myself to finalize the move. The warrant date was the 2nd, although I was out of the premises, I was in the final days of cleaning etc. An officer came to the property on the 3rd to advise that they would be enforcing the warrant on the 6th. 11.30am .I advised that I intended for the keys to be returned before then and did not want police action. I emailed the agent on the 5th to advise that I would be there at 9am to return the keys, and I also needed her to open our letterbox so I could collect our mail ( our letterbox lock had been tampered with). 6th -The agent refused to answer the door.

    I rang the police for advice, they advised me to go to the property and wait as they were booked in at 11.30 anyway. I said that I did not want this to become a police matter, and I have done everything I possibly could to prevent this. They said the best thing to do was to wait.

    Just prior to 11.30 a locksmith pulled up at the unit, he approached me and i was to give the keys to him, midway through conversation, the agent pulls up. I thought we would then do an exit report etc, but she walked off. I asked her to open our mailbox, she refused stating she had already cleared the mail, it was in her office and we would need to make an appointment. I asked if she would just give it to me now, she refused as she was ' doing a warrant of possession' and that I needed to move my car and leave as she needed to assist the locksmith.

    I recorded the whole entire event - from trying to hand the keys over to her asking me to leave - on a go pro in my handbag. The police eventually turned up and made her hand the mail over. I did not get to do the exit report with her. There are 2 other tenants who have been through hell just like us and we will be seeking further action from their conduct after we go through the QCAT process.
    There are a 100000 other questions I could ask but my main concerns at present are.:
    She claimed SHE was doing a warrant of possession - I thought the police could only enforce this?, (the police were not present)
    She lodged a claim on our bond on the 5th. They keys were returned on the 6th. I have lodged our case with QCAT requesting they dismiss her claim. Can the agent lodge a claim prior to handover of keys?

    She accessed our letterbox - is this legal?
    I recorded the events - without her knowing purely to protect myself - without her knowledge. In what cases can this be used in evidence?( if at all )

    Any help or advice is so very appreciated
     
  2. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
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    Hi Miss_J,

    I apologise for the lengthy delay in response to your questions and I am sorry to hear of the ongoing saga and stress involved with moving out of the rental property.

    Have you been in contact with the Residential Tenancies Authority and the Tenants Union of Queensland? They are probably better placed to answer your specific questions.

    Contact | Residential Tenancies Authority
    Tenants' Union of Qld
     

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