Evicted tenant - what is claimable from her bond? | Rental rants | Flat Chat Forum: Your Questions Answered




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Evicted tenant - what is claimable from her bond?
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Deb V
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14/02/2017 - 8:08 am
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The termination process started last September with the 90 day no fault, however it was more about nuisance and annoyance with her major mental health issues. As her rent was automatically paid there were no rental arrears, however the unit was not cleaned after she had assistance to move out with all her hoarded boxes and goods

It appeared that she has never cleaned during her entire tenancy and there was a broken window.

So costs have been so far $49-12 for the tribunal when she failed to move out after 90 days. $339 for the sheriff to attend, $120 for locksmiths attendance, $450 cleaning costs, $227 for the broken window replacement, 1 weeks rent $250 for the time the unit was vacant whilst storing her goods.

The bond is $1000. I know the repairs and cleaning and rent are OK, but what about the other costs?

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JimmyT
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14/02/2017 - 12:16 pm
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This Fair Trading fact sheet has a list of various grounds for claiming against the bond, but it adds this rider ...

There may be other legitimate reasons for making a claim against the tenant's bond, such as the cost of disposing of goods left behind by the tenant. The claim must relate to a breach of the tenancy agreement by the tenant. (my emphasis)

So have a look at your list and decide if any of those items are a result of the tenant breaching the terms of her agreement, then make the claim.  She can always dispute this and take you to a Tribunal if need be, where an independent arbiter will decide.

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saraedward
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04/04/2017 - 8:13 pm
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It appeared that she has never cleaned during her entire tenancy and there was a broken window.

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JimmyT
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05/04/2017 - 3:01 pm
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The best solution is to claim everything you think you are entitled to and let Fair Trading sort it out if she doesn't agree. Most if not all of the expenses you listed are related to the reasons you evicted her so they would have some basis as a legitimate claim.

Having said that, anything that smacks of "revenge" or over-reaching will probably work against you.

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