Buying
A guide to getting your bond back
14-Nov-2016
The majority of bond refunds are normally agreed upon by all parties.
It is important to remember when you are vacating the property to try and meet the agent or owner at the property when the outgoing inspection takes place. You must be told by the agent or owner when this is happening and should be invited to attend. The outgoing should be completed at this inspection and if there are any disagreements then both the tenant and the agent or owner should negotiate an outcome during the inspection.
Fair wear & tear needs to be consider but all parties need to understand what fair wear and tear is and the Office of Fair Trading provides the follow guide.
Fair Wear and Tear – Not liable damage
Faded curtains & frayed cords
Furniture indentations and traffic marks on the carpet
Faded, chipped or cracked paint
Work kitchen bench top
Loose hinges or handles on doors or windows and worn sliding tracks
Cracks in the walls from movement
Water stain on carpet from rain through leaking roof or bad plumbing
Damage – You are liable
Missing curtains or torn by the tenants cat
Stains or burn marks on the carpet
Unapproved paint job
Burns or cuts in the bench top
Broken glass from one of your children hitting a ball through the window
Holes in walls left by tenant removing picture hooks or shelves they had installed
Water stain on carpet caused by overflowing bath or indoor plants
IF YOU DO NOT AGREE
If you think agent or the owner is taking too long or you just can’t come to an agreement you can lodge a claim for a refund yourself without their signature. This will start the ball rolling but the bond will not be released immediately. Fair trading will post a notice to the agent/owner advising them of the claim. They will have 14 days to respond and if they do not respond before the 14 days is up the bond will be refunded to you.
If they decide to dispute the bond claim they will need to lodge an application to NSW Civil & Administrative Tribunal for a hearing to determine if the agent/owner is entitled to the bond or part of the bond. The onus will be on the agent /owner to prove their entitlement. They must lodge the application with Tribunal within 14 days.
IF THE OWNER/AGENT LODGES A CLAIM ON THE BOND
You can challenge an agent or the owner claim on the Bond. You will receive notice of the claim giving you 14 days in which to apply to NSW Civil & Administrative Tribunal. If you don’t respond the bond will be paid out to the agent or owner.
If you lodge a claim with Tribunal make sure you complete and return the Notice of claim slip attached to the Office of Fair Trading Notice to ensure that the bond is placed on hold until the matter is determined at Tribunal. Even if you make the application to Tribunal the onus will be still be on the agent or owner to prove their entitlement to the bond.
For more information, please don’t hesitate to contact Kerrie Walker our Senior Property Manager on 9524 0777 or [email protected]
It is important to remember when you are vacating the property to try and meet the agent or owner at the property when the outgoing inspection takes place. You must be told by the agent or owner when this is happening and should be invited to attend. The outgoing should be completed at this inspection and if there are any disagreements then both the tenant and the agent or owner should negotiate an outcome during the inspection.
Fair wear & tear needs to be consider but all parties need to understand what fair wear and tear is and the Office of Fair Trading provides the follow guide.
Fair Wear and Tear – Not liable damage
Faded curtains & frayed cords
Furniture indentations and traffic marks on the carpet
Faded, chipped or cracked paint
Work kitchen bench top
Loose hinges or handles on doors or windows and worn sliding tracks
Cracks in the walls from movement
Water stain on carpet from rain through leaking roof or bad plumbing
Damage – You are liable
Missing curtains or torn by the tenants cat
Stains or burn marks on the carpet
Unapproved paint job
Burns or cuts in the bench top
Broken glass from one of your children hitting a ball through the window
Holes in walls left by tenant removing picture hooks or shelves they had installed
Water stain on carpet caused by overflowing bath or indoor plants
IF YOU DO NOT AGREE
If you think agent or the owner is taking too long or you just can’t come to an agreement you can lodge a claim for a refund yourself without their signature. This will start the ball rolling but the bond will not be released immediately. Fair trading will post a notice to the agent/owner advising them of the claim. They will have 14 days to respond and if they do not respond before the 14 days is up the bond will be refunded to you.
If they decide to dispute the bond claim they will need to lodge an application to NSW Civil & Administrative Tribunal for a hearing to determine if the agent/owner is entitled to the bond or part of the bond. The onus will be on the agent /owner to prove their entitlement. They must lodge the application with Tribunal within 14 days.
IF THE OWNER/AGENT LODGES A CLAIM ON THE BOND
You can challenge an agent or the owner claim on the Bond. You will receive notice of the claim giving you 14 days in which to apply to NSW Civil & Administrative Tribunal. If you don’t respond the bond will be paid out to the agent or owner.
If you lodge a claim with Tribunal make sure you complete and return the Notice of claim slip attached to the Office of Fair Trading Notice to ensure that the bond is placed on hold until the matter is determined at Tribunal. Even if you make the application to Tribunal the onus will be still be on the agent or owner to prove their entitlement to the bond.
For more information, please don’t hesitate to contact Kerrie Walker our Senior Property Manager on 9524 0777 or [email protected]