NSW Share Accommodation - Responsibility for Items?

[Lookingforanswers]

Hi, I have recently left share accommodation in a share house and the landlord is refusing to return the full bond. The dispute is around the condition of mattresses that were in the room when we moved in.

Before we moved in, we asked the landlord if we could use our own bedding and he agreed and on the day we moved in, we asked where to store the old bedding and he instructed us to put in his garage in front of his car. He did not instruct us to wrap them or do anything else, and I assumed that this was because they were so old he would likely throw them out (we have confirmed they are over 10 years old each).

When we came to move out, he asked us to put the mattresses back and in the time of our tenancy, his garage has flooded and the mattresses are damaged. We do not have access to his garage and he goes there every day to get his car, yet he never said anything about his mattresses or how they were stored until after we moved out (they were in plain sight of the drivers side - he would have seen them everyday).

My question is - If he told us to put the mattresses somewhere as he did, are we liable?

My feeling is that we shouldn't be as he instructed us to put them there. thanks,

 

[Ivy]

Hi there,

If you have tried to discuss this with your landlord and he is being unreasonable, then I suggest that you take steps to get your bond back through the Office of Fair Trading and if necessary through a Tribunal hearing.

Has your landlord already made a claim against your bond? If so you have 14 days to contest the claim.
If your landlord hasn't already made a claim, then you can send in an application for your bond to the Office of Fair Trading and you landlord will have 14 days to respond contesting your claim.

If either party contests the bond claim then it will go to a Tribunal hearing. The party who hasn't applied to the Tribunal will get notice of the hearing. You will need to turn up and present any evidence you have as to why your bond should be returned in full.

If you are unsure where the bond claim is up to, I suggest you call the Office of Fair Trading straight away. Their phone number is 13 32 20.

 

[Lookingforanswers]

Hi Ivy,

Thanks for response. I have followed up during the week with Fair trading and have set a time with NCAT for this week.

I requested to get my bond back through fair trading and they said that there wasn't one lodged. My Landlord seems to think that he didn't have to lodge my bond as I am only 'bording' in his place - he is the head tenant on the lease, I was staying with him on agreement directly with him, which I assume makes him the 'landlord'.

Does he qualify as a 'landlord'? If not, what would our agreement fall under?

 

[Ivy]

Hi again,

Your landlord can also be a co-tenant. If he owns the house then he is the landlord.

Also, from my perspective, the fact that he actually lived with you may support your claim that he was also responsible for the condition of the mattresses.

Your landlord was legally obliged to lodge the bond with the Office of Fair Trading. There can be penalties for landlords who fail to lodge the bond.

Get together any evidence, communication, texts, photographs etc to back up your claim for the bond. You might want to also seek legal advice before turning up at the tribunal. Tenants NSW might be able to help you in this regard Tenants NSW - Tenants NSW