You have a tonne to do to move house, the last thing you want to receive is your final inspection report and find out a chunk of your bond has been held back for things you’re not sure about. Whether your landlord has said the carpets weren’t properly clean when you already had them professionally cleaned, or reported damage that was present before you moved in, there’s some good news – you don’t have to just accept it. Here’s what you need to know about disputing a bond deduction with the RTA.
Understand Why Your Bond Was Deducted
Understand the Facts First. You should be supplied with a “Bond Refund Form” or a written document from your property manager/landlord outlining exactly what your refund is short by and the reasons. Investigate any deductions that come up for cleaning, damage, unpaid rent etc. If no clarification is provided or it is just extremely general it is a good starting point.
Compare the Deductions Against Your Entry Condition Report
This is often where a huge majority of conflicts are won or lost – your move-in condition report and move-out report in the same hands. Go through each line of the move-in report and match it against the move-out report. If the “stain” “mark” or “damage” is something you’ve been blamed for that was already on the property when you moved in, you’ve got a perfect excuse to argue. This comes into play with cleaning conditions too, if the place was a bit scruffy when you moved in, you can’t really do anything to ‘improve’ it when you move out.
Gather Evidence to Support Your Case
Photos and video will go a long way with a landlord! If you took timestamped photos/videos during your clean-up, retrieve them from files. Receipts from cleaning services, pest control, or carpet steam cleaning add a bit of heft since you can prove you fulfilled your part of the lease. The more evidence you possess the less grounds a landlord has.
Contact Your Landlord or Agent First
In many cases, the RTA expects you will take a run at solving the problem directly before launching into a dispute. Send a letter (email is best so it makes a record) specifying which deductions you dispute, why you disagree and attaching your evidence. This will solve the problem in some cases without having to do anything else.
Lodge a Dispute Resolution Request With the RTA
If direct talks don’t solve the issue then you can submit a Dispute Resolution Request via the RTA. It is a quick, free service. The RTA will contact you and work with both parties to help negotiate a solution through mediation. Having your bond number, tenancy agreement, and any evidence will ensure that fill out the form more quickly.
Escalate to QCAT If Needed
Should reconciliation fail the RTA will send out a Notice of Unresolved Dispute – this then enables either party to lodge a claim with the Queensland Civil and Administrative Tribunal (QCAT). This takes the issue to a formal hearing but it’s not as daunting as it sounds, QCAT hearings allow you to present your case without a lawyer and simply need you to take your documents with you and state your case on facts.
Know Your Rights Around Reasonable Wear and Tear
One of the highest forms of bond dispute is the incorrect understanding between wear and tear and damage. Faded paintwork, a small amount of flattening of carpets and the scuffing and marking of carpets and walls from normal use are considered wear and tear and should not be included in a deduction of your bond. Knowing the difference between the two can be quite powerful in your case.
Final Thoughts
Negotiating a bond deduction may seem overwhelming and intimidating, but that is what the RTA procedure is in place for – to level the playing field for the tenants. Having documentation, staying organized and having a clear line of communication is enough to tip the scales in your favour from the outset of any bond deduction. When the issue surrounds cleaning, a professional bond cleaning done by a reputable team like The Bond Cleaning Brisbane will certainly put you one step ahead with the necessary evidence.
FAQs About Disputing a Bond Deduction With the RTA
Can my landlord just keep my bond without explaining why?
No, that is not the case. Your landlord/agent must produce a written explanation for any deductions they claim, typically via the Bond Refund form. As a tenant you absolutely have the right to request one before agreeing to this.
What if I don’t have photos from when I moved out?
Not ideal, but not the final door either. You still have all of the above-your entry condition report, receipts for cleaning or repairs, and possibly written statements from any friends or family that helped you leave. For the future though-always leave at the very end of the day and snap dated photos. You just never know.
Do I have to pay the disputed amount while the case is being sorted out?
No. Your bond remains with the RTA until the dispute is resolved either by negotiation/agreement, conciliation or a decision from QCAT. The money cannot be handed out to anybody until that process is completed.
Is lodging a dispute with the RTA going to cost me anything?
Not at all. If you make use of the RTA’s dispute resolution service it doesn’t cost you a thing, since one of the primary functions of the RTA dispute resolution service is to allow tenants and landlords to resolve disputes that could otherwise involve expensive legal advice or lengthy procedures, without resorting to hiring a lawyer or incurring unnecessary expense.
