› Forums › By-laws and outlaws › Can’t agree on end-of-tenancy inspection › Current Page
First, go to tenants.org.au and look at the stack of fact sheets on rentals that they have there.
Yes, it is unreaonable for her to give you 12 hours notice when she herself couldn’t cope with two weeks’ warning.
And the fact that she has been in the flat alone before your inspection would diminish (but I don’t think totally negate) any claims she might have against the bond.
But this sounds to me like a landlord who doesn’t like being told what her options are by a mere tenant so what she is doing is wresting back control. The proof of the pudding will be when you get your bond back or she disputes it.
On the question of organising the inspection, Section 29.4 of the Residential Tenancies Act (below) merely states that a mutual inspection time should be organised “as soon as reasonably practicable”. Subsection 5 says that it’s not a breach of (4) if the inspection is carried out without the other party present provided they have been given a “reasonable opportunity” to attend.
Should this go to Fair Trading in a dispute over the bond, it will be a determination of what was “reasonable” rather than an arbitrary number of days that will figure most significantly.
SECTION 29
(4) At, or as soon as reasonably practicable after, the termination of a residential tenancy agreement, the landlord or landlord‘s agent and the tenant must complete the copy of the condition report retained by the landlord or the tenant under this section, in the presence of the other party.
(5) It is not a breach of subsection (4) for the condition report to be completed in the absence of the other party if the party completing the report has given the other party a reasonable opportunity to be present when it is completed.
