Sisters In Law: What are tenant’s rights on the bond and end of lease clean?

A NSW woman, who rented a unit for three years, has been shocked by her landlord’s “miserly” move after she moved out.

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise on renter’s rights when it comes to their bond.

Question:

I recently left a rental unit after three years and got it professionally cleaned, including getting the carpets steamed, before I left. I checked the unit after the cleaner had been and it looked great – probably better than when we moved in.

My private landlord was meant to meet me to do an exit inspection but he cancelled last-minute and asked me to leave the keys in the unit. I was so confident he wouldn’t have any issues that I didn’t think anything of doing just that.

Two weeks later I emailed him about the bond which was being held by Rental Bonds Online NSW and he said he hadn’t lodged for me to get it back yet.

Then he said that there was a “funny smell” coming from the carpet and that he was going to invoice me to get it cleaned.

The carpet was at least 10 years old and we got it steamed. Plus, it smelled fine when I left. He was always a miserly landlord trying to shirk paying for repairs and now I can’t believe he’s trying to charge me for his disgusting old carpet. What are my rights? – Eloise, NSW

Her private landlord was meant to meet her to do an exit inspection but he cancelled last-minute and asked her to leave the keys in the unit. Picture: iStock

Answer:

Eloise, you do have rights in this situation and your ability to stand your ground and enforce them will depend on what sort of paper trail you have kept.

As a rule of thumb, there are some important steps we hope you took at the start of your tenancy to safeguard you at the end of your tenancy, particularly against a landlord trying to claim your bond or extra fees for cleaning.

Before paying any bond, you should always ensure you have not only signed a lease, but also received two copies of a condition report signed by the landlord.

A condition report will outline what the property looked like (or smelt like in your case) when you moved in. The more detail you include in this report – including any pictures – the better.

Aside from the carpet being at least 10 years old, you haven’t mentioned what sort of condition it was in when you moved in.

Two condition reports should be provided before you pay any bond. Picture: iStock

The law says that during your tenancy you need to take care to avoid damaging the property. General wear and tear is allowed, for example, carpet that has been worn down because of general use.

Any damage due to wear and tear, or any damage that was present when you moved in (like old and smelly carpet), is the landlord’s responsibility.

We’d recommend getting a copy of the invoice from the carpet cleaners you engaged and – if they are willing – a short letter from them detailing the steam clean they performed and the condition of the carpet (including any scent) after they did this.

You should tell your landlord in writing that he has no right to withhold the bond, give him a copy of the condition report and the information from the carpet cleaners, as well as any photos you may have which show the condition of the carpet is no worse than general wear and tear.

Any damage that was present when you moved in is the landlord’s responsibility. Picture: iStock

In that letter to your landlord, ask him to take steps to refund the bond in full immediately.

If he refuses, you should submit a claim for a bond refund using your Rental Bonds Online account, or by filling out a bond refund claim form from NSW Fair Trading. The landlord doesn’t need to sign this.

Lodging a bond refund claim gives your landlord 14 days to contest your claim and apply for a hearing in the NSW Civil and Administrative Tribunal (NCAT) to contest the claim.

If he doesn’t do this within the 14 days, your bond will be refunded in full to you by Fair Trading.

Assuming your landlord wants to contest your claim for the bond, you will end up defending a claim made by him in NCAT.

The NCAT process is relatively straightforward and you do not need legal representation.

Within seven days of applying for the hearing in NCAT, your landlord is required to give you a copy of the exit condition report and a copy of quotes or invoices for the carpet cleaning he is claiming.

NCAT will nominate a date for the dispute to be heard.

Lodging a bond refund gives your landlord 14 days to contest your claim. Picture: iStock

You should prepare your side of the story which details the reasons why you have an entitlement to the full bond, and provide the evidence such as photos, condition reports, cleaning receipt, letter from the carpet cleaner, and any emails about the carpet condition.

The Tribunal member will have read all of the material before the hearing, however make sure you know the facts of your case as you will likely be asked questions and need to dispute what the landlord says.

If in the unfortunate event NCAT decides you are liable for the alleged “smell”, you need to ensure that the landlord’s claim for the cost of further cleaning is reasonable.

If you are find liable for the smell, ensure the landlord’s claim for the cost of further cleaning is reasonable. Picture: iStock

The landlord can’t stand to gain financially from any claim. For example, if the landlord tried to claim that the carpets needed to be replaced and you were responsible for the full cost of this, it would not be reasonable.

Arguably, the condition of the carpet may be so old, stained and worn that it has no financial value anyway. (The Australian Taxation Office guide lists carpets as having a 10-year life.)

For more information the Tenants’ Union of NSW may be able to assist.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

If you have a legal question you would like Alison and Jillian to answer, please email [e-mail]

Get more from Alison and Jillian on their Facebook page