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Topic
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Hi,
i just vacated my rented unit after leasing for 6 months. During the rental period the toilet ended up leaking on to the floor which was fixed within a couple of days. However, upon final inspection when vacating, it was found that some of the timber floorboards at he entrance of the bathroom crowned as a result of water exposure. The agent and landlord have chosen to withhold my bond as a result. Is the landlord correct in doing this and what are my options?
With great thanks for any advice you can give me.
Jeff
Update (19/3): after meeting with the landlord today he is adamant that the crowning is not due to the leaking toilet nor any leaking water pipes (he said he organised a plumber to inspect the unit). He believes that I caused the crowning but won’t tell me what I must have done to cause this except that it is my fault (I can honestly say that I didn’t exposure the flooring to water to cause the crowning). I have read on different forums that crowning can be the result of high humidity – it has been a very humid summer in Sydney this year – could this be the cause of the crowning? He is saying that it is my fault regardless because I don’t leave the windows open when I go to work during the day to keep the air flowing in the unit. If it is from humidity – is it possible to test that this is what caused it? And where should I go from here given I don’t have access to the unit anymore? THANKS for any help as I’m now at a loss. If it is reasonable that I should contribute to the cost of fixing the crowning (regardless of what caused it) then I am happy to do this but I just would like to know where I stand.
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There is a process via Fair Trading for resolving disputes over rental bonds.
The following is from a Tenants Union factsheet:
At the end of the tenancy, fill in a ‘Claim for Refund of Bond Money’ form (from Fair Trading).
If you and the landlord/agent agree about the amount to be returned, sign the completed form and have the landlord/agent sign it … you can still make a claim if you disagree about the amount of bond to be returned to you. Fill in the form with the amount that you want paid. You do not need the landlord’s/agent’s signature. Return the form to Fair Trading.
Fair Trading will give the landlord/agent written notice that you have made a claim. If the landlord/agent does not dispute it, Fair Trading will pay your claim after 14 days.
If the landlord/agent does dispute your claim, they must apply to the NSW Civil and Administrative Tribunal (NCAT) within 14 days of receiving the notice and tell Fair Trading in writing that they have done so.
The Tribunal will decide how the bond will be paid out.
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