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WA Tenancy Agreement Without Bond Paid - Is It Valid?

Discussion in 'Property Law Forum' started by Arvi Rengasamy, 3 August 2014.

  1. Arvi Rengasamy

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    I've has a tenant who showed me internet payment receipts for 4 weeks bond and 2 weeks rental into my bank account. The money never arrived and it was a scam. However the agreement has been signed by both parties. My question is whether the agreement is still valid under property law?

    The insurance will not pay for my loss of income because the bond was not paid by the tenant.
     
  2. John R

    John R Well-Known Member

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    Hi Arvi,
    1. Assuming all other things are equal (valid contract, etc.), then the contract is valid and the tenant is in likely breach of their obligation to deposit the bond amount.
    2. When should the tenant have deposited the bond amount?
    3. Have you contacted the tenant in relation to payment of the bond amount? If yes, what did they say?
     
  3. Arvi Rengasamy

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    The tenant showed me an internet payment receipt (partial of the bond) and I passed her the keys. This took place in 10 Jul. I then went overseas for 10 days and when I came back, there was no payment in my account. Since then I've been following up with her and she has given me all the excuses in the world. I have given her a Form 1b, Termination of Tenancy and just filed a court hearing at the magistrate court. but the fact is she never paid.
    When I came back from the holidays, I developed an agreement and we both signed it (while I was awaiting cash to be transferred into my account); which I think I shouldn't have done.
     

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