NSW Subletters Withholding Bond - Do We Fight It?

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Neil Laverty

Member
12 January 2017
2
0
1
Hi,

We recently moved out of our houseshare after 10 weeks and the subletters are not giving our bond back because:

"As you first breached the lease agreement and secondly the lack of consideration by breaching our lease agreement while we were both out of country and out of the city. This put financial hardships on both (Name removed) and I for this month as well as next and on top we had to find alternate arrangements in a short period of time."

As far as lease agreement goes, there is only a 'verbal agreement' in the form of a Facebook message in which I mentioned '(around 6 months)'. Nothing was signed or printed.

They AirBnB'd their room while they were away, which we had not consented to nor agreed with them.

They found new tenants before we had actually moved out (we gave 2 weeks notice) and we had to move out early because they told us the new tenants would be sleeping on the sofa until we had moved, so we told them we would help by moving out early (without any compensation of rent).

I don't see how this put them at financial hardships when there was not a single period where rent was not being paid.

We left the house spotless with photo evidence and I really don't think they have a leg to stand on but now I have to decide to seek further legal advice to get our bond back.

Any help would be greatly appreciated and happy to answer any questions you guys have.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Send them a demand letter saying what you want and by when.

If you do not get what you want contact NCAT and submit a claim.
 

Neil Laverty

Member
12 January 2017
2
0
1
Thanks for getting back to me Rod. Do you think they have a case?

What should I include in my demand letter? Should I seek legal advice?