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Return of bond - timescale

Return of bond - timescale

Old Dec 15th 2013, 8:40 am
  #16  
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Default Re: Return of bond - timescale

To be honest if we'd anticipated this happening we wouldn't have paid our last month's rent up front. We didn't anticipate this happening as we had a very good relationship with the landlord and the agency. We were very good and obliging tenants, helping the landlord out on a few occasions (he owned several flats in the complex) We are back in the UK so it wouldn't have had any effect on future rentals.

Paulry - thanks for the link. As we are in the UK I don't think that is going to help us.
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Old Dec 15th 2013, 9:52 am
  #17  
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Default Re: Return of bond - timescale

Originally Posted by Hino
You said earlier....

"Don't pay the last months rent in advance and settle up when you move out"

And you feel that doing this won't affect your rental record ?
If your powers of reasoning and negotiation are so poor as to not be able to understand how this works nothing I can write will help you reason this through , it is beyond you .

The answere to your question here is, for me , no , it won't.

Last edited by BASHO; Dec 15th 2013 at 10:04 am.
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Old Dec 16th 2013, 7:29 am
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Default Re: Return of bond - timescale

We've received another reply from the agent saying that she cannot send us the bond until the landlord gives the ok on the refund. What is this all about?? Is our contract not with the agent? Does this mean that we might never get it back if the landlord decides to hold on to it?

The agency has several of his flats on their books so they probably don't want to lose him as a customer.
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Old Dec 16th 2013, 8:35 am
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Default Re: Return of bond - timescale

Originally Posted by IsabelNecessaryOnABike
We've received another reply from the agent saying that she cannot send us the bond until the landlord gives the ok on the refund. What is this all about?? Is our contract not with the agent? Does this mean that we might never get it back if the landlord decides to hold on to it?

The agency has several of his flats on their books so they probably don't want to lose him as a customer.
Is your deposit lodged with an independent office of rental bonds?
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Old Dec 16th 2013, 9:23 am
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Default Re: Return of bond - timescale

Originally Posted by IsabelNecessaryOnABike
We've received another reply from the agent saying that she cannot send us the bond until the landlord gives the ok on the refund. What is this all about?? Is our contract not with the agent? Does this mean that we might never get it back if the landlord decides to hold on to it?

The agency has several of his flats on their books so they probably don't want to lose him as a customer.
I'm not sure if you need a hand with this but I'll throw in my two bobs worth anyhoo.

To start with could I suggest that you contact 1/--- The agent and ask what are the specific reasons/reason that the bond is not being released and that includes the landlords reason as the agent is citing the landlord as being the chain dragger.------

---2/ The rental tennancy/bond board, -- see below (Par 8 on)

Ascertaining this issue (if indeed there is anything to know) will enable you to formulate a clear course of action.

It may be that the landlord is uncontactable for some (to me in the 3rd millenium unbelievable) reason .

You are now in the Australian silly (or more stupid than normal) season , this will not help.

Get the claimed reason, if any, in writing, email is good, if you have to chase them through the tennancy tribunal/small claims you need stuff in writing , also take notes of the day, date, time, content of any conversations with the agent regarding this.--or anyone for that matter.

2/---TENNANCY/BOND BOARD Your bond should have been lodged and be being held by the Rental Bond Board or it's equivalent in the respective state or terriory , you should have received a receipt for it from this body---do you have it ?

Just had a quick gooooooooogul 'ere's a link http://www.commerce.wa.gov.au/Consum...onds/index.htm

If the bond is being held by the rental bond wallahs get on to them pronto and make sure the agent and/or the landlord aren't trying to slide it out the back door on a bogus, 'left in bad condition tennant shot through to the UK,' claim / pretext.

Lodge an immediate claim for the bond with the board citing agent/landlords refusal to release , unless you get some sense out of the agent and a 'you will have the money by , DATE ,' very quickly , IN WRITING , you need to take control of ther situation.

It will serve you well to remember that the real estate industry has a filthy reputation for very bad reasons , many , many , very very bad reasons.

Hope this helps a bit ----???

Last edited by BASHO; Dec 16th 2013 at 9:50 am. Reason: punctuation , additions
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Old Dec 16th 2013, 9:53 am
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Default Re: Return of bond - timescale

Thanks Basho. Can we do this without being in Australia? We are back in the UK. Would a small claims court not need us to be there?

I think it is a fairly clear cut case. We took possession of a brand new flat. We pointed out staining to the marbling in the bathroom to the owner. He agreed and told us that it was a cleaner who had used the wrong product before we took occupancy. We documented this to the agents. At checkout I pointed out the markings to the agent and she advised me that she'd be made aware of the issue by the landlord.

The landlord is now saying he wants us to pay for the re-sealing of the marble.
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Old Dec 16th 2013, 10:04 am
  #22  
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Default Re: Return of bond - timescale

Your being out of the country should make no difference at all. The advice in Basho's last post is what I recommend you do. Maybe get yourself a Skype account if you don't already have one so that you can telephone the various agencies direct without it costing you fortune.

Good luck, right is on your side
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Old Dec 16th 2013, 10:05 am
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Default Re: Return of bond - timescale

Originally Posted by BASHO
I'm not sure if you need a hand with this but I'll throw in my two bobs worth anyhoo.

To start with could I suggest that you contact 1/--- The agent and ask what are the specific reasons/reason that the bond is not being released and that includes the landlords reason as the agent is citing the landlord as being the chain dragger.------

---2/ The rental tennancy/bond board, -- see below (Par 8 on)

Ascertaining this issue (if indeed there is anything to know) will enable you to formulate a clear course of action.

It may be that the landlord is uncontactable for some (to me in the 3rd millenium unbelievable) reason .

You are now in the Australian silly (or more stupid than normal) season , this will not help.

Get the claimed reason, if any, in writing, email is good, if you have to chase them through the tennancy tribunal/small claims you need stuff in writing , also take notes of the day, date, time, content of any conversations with the agent regarding this.--or anyone for that matter.

2/---TENNANCY/BOND BOARD Your bond should have been lodged and be being held by the Rental Bond Board or it's equivalent in the respective state or terriory , you should have received a receipt for it from this body---do you have it ?

Just had a quick gooooooooogul 'ere's a link http://www.commerce.wa.gov.au/Consum...onds/index.htm

If the bond is being held by the rental bond wallahs get on to them pronto and make sure the agent and/or the landlord aren't trying to slide it out the back door on a bogus, 'left in bad condition tennant shot through to the UK,' claim / pretext.

Lodge an immediate claim for the bond with the board citing agent/landlords refusal to release , unless you get some sense out of the agent and a 'you will have the money by , DATE ,' very quickly , IN WRITING , you need to take control of ther situation.

It will serve you well to remember that the real estate industry has a filthy reputation for very bad reasons , many , many , very very bad reasons.

Hope this helps a bit ----???
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Old Dec 17th 2013, 8:14 am
  #24  
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Default Re: Return of bond - timescale

Originally Posted by IsabelNecessaryOnABike
Thanks Basho. Can we do this without being in Australia? We are back in the UK. Would a small claims court not need us to be there?

I think it is a fairly clear cut case. We took possession of a brand new flat. We pointed out staining to the marbling in the bathroom to the owner. He agreed and told us that it was a cleaner who had used the wrong product before we took occupancy. We documented this to the agents. At checkout I pointed out the markings to the agent and she advised me that she'd be made aware of the issue by the landlord.

The landlord is now saying he wants us to pay for the re-sealing of the marble.
I think the landlord is trying to pull a fast one, probably because he knows you've left the country.
If you documented it prior to moving in then he won't have a leg to stand on in a tribunal.
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Old Dec 17th 2013, 8:17 am
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Default Re: Return of bond - timescale

Originally Posted by Kapri
I think the landlord is trying to pull a fast one, probably because he knows you've left the country.
If you documented it prior to moving in then he won't have a leg to stand on in a tribunal.
Exactly. And if you indicate that you will dispute it the EA will release the money. Distance doesn't really matter thanks to Skype and the internet.
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Old Dec 17th 2013, 10:05 am
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Arrow Re: Return of bond - timescale

Originally Posted by IsabelNecessaryOnABike
Thanks Basho. Can we do this without being in Australia? We are back in the UK. Would a small claims court not need us to be there?

I think it is a fairly clear cut case. We took possession of a brand new flat. We pointed out staining to the marbling in the bathroom to the owner. He agreed and told us that it was a cleaner who had used the wrong product before we took occupancy. We documented this to the agents. At checkout I pointed out the markings to the agent and she advised me that she'd be made aware of the issue by the landlord.

The landlord is now saying he wants us to pay for the re-sealing of the marble.
scammmmmmmmmmmmmmmmmmmmmers

Sorry for late reply , I've been having, or more correctly my computer anti virus programs has been having a virus fight with this site which seemed determined to introduce something nasty into my computer.

Hyperthetically if I were this situation there are several courses of action that I personaly would persue.

THIS IS NOT OFFERED AS ADVICE . Just thinking out loud--

The objective would be to stop them getting the bond in the first instance which is why it's important to act quickly , it will only go to small claims if they get the money and I want to try to retrieve it this would be very difficult if not impossible as the rental bond people will have already ruled .

So--

.---RENTAL BOND BOARD---lodge a claim for or a stay of disbursment of the bond I would do this absolutely urgently---and-

--- RENTAL BOND BOARD AGAIN --Send a message to the complaints department stating the issues and citing the facts. --urgently.

Depending on just how the situation sat I would also consider--

---- REIWA Real Estate Institute of WA-- lodge a
complaint citing the facts.---

----Real Estae Ombudsman WA lodge a complaint citing the facts.

I would be able to find all the forms online for lodging the foregoing online with a bit of searching.

There will also be a residents and tennants association in WA I would imagine , I'd do a bit of Guuuuuuuuglin' and see what I could find for sure this has happened before so there's probably some very helpfull info I could glean.

Depending on how much money was involved and how the situation sat.
I would also consider making a formal complaint to the police although without being in WA and given the general police distain of civil matters probably good luck with that one , Alan Bond didn't pick WA by accident.

Hope this helps a bit , good luck

Last edited by BASHO; Dec 17th 2013 at 10:09 am.
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