IndieG

Hi,
We are moving in to our new rental tomorrow (tenancy commenced on 1/4). The agent gave me a condition report which I signed and returned. The other copy with my comments was supposed to be returned on the 6th. However, could only complete it and send it today as there was no electricity until last afternoon. This report was not accepted by the agent. In any case I emailed my comments along with pictures of things that were missed by the agent, so as to have it on record.

Am just wondering now whether the agent can turn around and accuse me of causing damage and not return my bond at the end of the tenancy I do have proof by way of pictures and my email to her. Anything else that I should do?

Kim67

Photos, video with date, go the whole hog. It's saved us in the past, we've always videoed rental properties when we move in and out (regardless of what the property report says) and it got us out of paying a whole heap of things the agent tried to bill us for. We had lived in the property for six years and a new property manager took over and tried to charge us for all the wear and tear type things, worn carpet, stitching falling out of blinds, holes in flyscreens (that we had proof were already there) etc etc. Husband took it to court (not telling the agent of our video evidence) and I think paid about $150 for a mark on some carpet (because the judge felt sorry for the property manager having lost on all items before that) out of about $3k they wanted.

vickyandrob

Hi, on our lease agreement it states that it is presumed that all is as stated on the report unless it is returned within the 7 days, noting any differences, anything after that will not be accepted and the original condition report stands. Does your lease agreement state that? If so I'm not sure where you stand tbh, if it doesn't state that then i'm sure you will be fine. Does your camera show date and times when pictures are taken?

Was the condition much different to the report? Our rental was the same - I took 177 pictures and hubby did a video as tbh the house is bloody tatty, don't know how we didn't notice when we viewed the property!

If it was me I would follow it up with another email asking agent if they received pictures etc but I'm just inpatient!

Good luck
Vicky

IndieG

Thanks, no, I was supposed to return it yesterday but unfortunately could only do it today. The picture has details of date and time. A lot of damage was not mentioned (rotted wood behind kitchen sink), a large tear (mended) on the sheers, energy saving bulbs missing, spent electric bulbs, open nail holes etc. I have emailed my report and pictures to the agent, so have the date on record.

Will also take a video tomorrow, thanks, hadn't thought of that.
PS: Have also written to the Bond Authority /Consumer Affairs, Vic and asked for their advise!

Can't see how the agent could have missed this:

man_called_Horse

Print the photos out on A4 paper and get a Justice of the peace to sign them, they could argue you just changed the date on your camera in the future.

IndieG

thanks a very good idea!

roaringmouse

How does not having electricity stop you from attending to the condition report?

man_called_Horse

Probably because the lights work on electricity at that particular property. Not easy seeing these problems in the dark.

IndieG

No electricity and gas. I wanted to check the auto garage, dishwasher, gas cooking range, bulbs (8 of them are fused) etc etc.

elice_in_oz

I would go one step further and send them a letter by registered post with proof of receipt which explains that circumstances beyond your control stopped you returning the amended report on the agreed date. You could also send hard copies of the photos with that. Call me cynical, but it's too easy to say an email was not received. If you get proof of receipt, they cannot say the letter got lost, and it allows you to show your good faith if it goes to court when you leave. You could also check the tenants union of Victoria website, they have a heap of info on there. Sorry too much hassle to post link on the ithing but google is your friend.

IndieG

She has replied to my email, so there is proof that she received it I also sent it from my yahoo address, so it is on their server and the contents


Luckily there are no broken windows/doors so no disputes there. The kind of damage not mentioned in the report are those that would have happened over a long period - e.g. rotted wood behind kitchen sink; large areas of discolouration on the carpets (carpet and paint is over 8 years old, and at least 4 tenants before us) and open nails holes on some of the walls.


I have also contacted the bond authority/Consumer Affairs Vic and sought their advice as to what further steps I need to take to protect myself from any potential claims for damages existing before my tenancy commenced. I hope that I am not about to deal with an agent from hell

I also plan to take references from our previous agent and owner who have been very impressed with the way we maintained the property.

roaringmouse

Yes, but the general condition of the property could have been checked, along with those notes (and photos you mentioned) forwarded to the agent on time with a clear indication that all electrical & gas items cannot be checked until they are connected by the utility company, and you would forward your notes on those items within 48 hours (or however long) of connection.

It sounds like either there was a problem (delay by company) connecting the utilities, or you chose not to have them connected when the lease began.

4lex

In my experience, and I've been to the tribunal twice (admittedly in NSW) to get my bond returned, the law leans heavily on the side of the tenant. On both occasions the magistrate asked the agent straight out "Can you prove that Mr X caused the alleged damage to the property".

I would advise you to collect all necessary evidence, put it on a cd or print it out and send it to yourself by a guaranteed, signed for postal service. don't open it. This I have previously used to guarantee the content of said envelope was created prior to the date of delivery at the very least. Send the agent a copy, also on a signed for basis and make it clear you're not discussing the matter, you're merely informing them that you can and will prove beyond reasonable doubt that the damage noted was pre-existing. Irrespective of any policy requirement of the agent as regards condition report if you can provide this evidence at the tribunal the magistrate will almost certainly throw it out.

As you can probably guess this is a pet hate of mine, shits me to tears that agents bully and rob tenants almost as a matter of course, when many lack the time, money, knowledge or inclination to go through a lengthy court process to reclaim what's clearly theirs.

hth anyway,
Alex

Bailey1

Hello IndieG,

Just reading through your queries. I work as a property manager in WA and I have some questions for you.

You have said that you have commenced your tenancy on 1st April. As far as I'm concerned the agent is required to give you a minimum of 7 days to return the report(this applies in WA and I presume the rest of Aus).
If your tenancy started on 1st April you should have until 7th April(not 6th April) to make your amendments and then return it? Also, did the agent hand you the PCR or send it to the property via post?

You have also said that you have received two copies of the PCR from the agent and that you had signed one without amendments...and made amendments on the second one and then signed the second one?(Please advise if I have not read this correctly). If this is the case then they will try to use the first one with no amendments that you signed in court(if it ends up there).

FYI, in future do not sign any PCR without properly viewing the property and making any amendments you feel are necessary to ALL copies.

However, it is my belief that the magistrate would not allow the first PCR to be considered as you have returned the amended PCR albeit a day late - this obviously depends on the magistrate that you get on the day - some are very pedantic - but mostly they tend to use reason.

I would make an appointment with the property manager and the principal of the office to discuss this matter and I would try to get this sorted now as this may cause problems at the end of the tenancy if they try to charge you for the repairs(which can very easily happen if the current property manager has moved on).

I would also ask the property manager if she could come to the property to view the damages present or, if she will not do this, then show her these on the first inspection and, either way, follow this up with an email confirming that you have showed her the existing damage!

The photos that you have should be fine as there you can print these out with the properties showing the date that they were taken on the printed page (this data can not be amended). I have used this method when my photos have not been dated!

Remember, get everything in writing from the agent and also a magistrate(if it ends up in court) only wants proveable facts so I would get a little notebook and make dated notes of everything that happens and ensure that, for each notation you make, you have correspondance from the agents as proof.
Hope this helps!

Bailey1

Good Idea !