NSW Rental Bond Disputes in NCAT and Future records

Discussion in 'Property Law Forum' started by Paul123, 10 March 2018.

  1. Paul123

    Paul123 Member

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    I am having a dispute with the property agent with respect to the bond payout.
    The agent wants to go to the (NCAT) Tribunal to dispute the claim. The agent does not want to release the full bond and want some part of the bond.

    Now, if the agent goes the tribunal, there are two possible outcomes:
    1. The tribunal would not give any part of the bond to the agent.
    2. Or some part of the bond would be given to the agent.

    Either ways (#1 or #2), would this tribunal hearing and its outcome be recorded in the some background checking database like Police Clearance Checks or good character assessments etc.

    I feel the agent is trying to unreasonably claim money from the bond based on the facts. But I am not sure if I should let it go to the tribunal and contest it with my facts before the tribunal or let the agent just have the extra money ($100) that is being demanded.

    My worry is that regardless of how much of the bond is paid to agent and back to me, would there be something recorded in my background history that would lead to a not good character assessment on my background for the future. Would it get recorded in some kind of database which shall reflect badly on my background checks.

    Could someone please help me figure out what to do about this dilemma?

    Thanks.
     
  2. Rod

    Rod Lawyer
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    I don't have any direct knowledge of what police do. Having said that, I can't see any reason for an adverse ruling at NCAT over a tenancy dispute being recorded in police databases unless there are charges of criminal damages flowing from your behaviour.

    You may well be placed into the RE agents' database with a black mark regardless of a win or loss. Hmm, maybe you need to seek an order from NCAT requesting an injunction against the recording of a black mark if you are successful at NCAT. Not sure if injunctions are within NCAT's scope of power but worth a try. Maybe someone with knowledge of NCAT's power can comment.
     
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